WORKING DOCUMENT

Ray      Evan    Ernie    Ed       Vic      Jen      new member

ZONING   CHAPTER 530

EFFECTIVE DATE

This chapter shall take effect 10 days after publishing and posting, on ____________________.

ARTICLE I  PURPOSE

This chapter is adopted for the purpose of promoting the health, safety, moral and the general welfare of the community and in furtherance of the following related and more specific objectives:  [should read:  health, safety, and welfare . . .]

A. To guide and regulate the orderly growth, development and redevelopment of the Village of Mastic Beach in accordance with the more general long-range objectives which are deemed beneficial to the interests and welfare of the people.

B. To protect the established character and the social and economic well-being of both private and public property.

C. To promote, in the public interest, the utilization of land for the purposes for which it is most appropriate.

D. To promote, in the public interest, the preservation of prime natural areas.

E. To secure the maximum recharge of the Village of Mastic Beach’s fresh groundwater reservoir to assure both the maintenance of the natural environment and the ecosystems essential to its continued well-being and the optimum groundwater resource for the human community through the protection of such features of the watershed areas as the woodlands, streams, ponds and lakes and to so regulate the ultimate land use and consequent fresh water consumption that the potential demand for fresh water shall not exceed the reasonably determined safe yield of that fresh groundwater reservoir.

F. To protect the healthful biological and chemical balance in the adjacent bays, estuaries and all tributary watercourses and drainage lines.

G. To secure safety from fire, panic, flood, storm and other dangers; to provide adequate light, air and convenience of access; and to prevent environmental pollution.

H. To prevent overcrowding of land or buildings and to avoid undue concentration of population.

I. To conserve the value of buildings and to enhance the value of land throughout the Village of Mastic Beach.

J. To provide housing sites for residents of the community compatible with their economic means.

K. To lessen and, where possible, to prevent traffic congestion on public streets and highways.

L. To eliminate nonconforming uses gradually.

M. To conserve and reasonably to protect the natural scenic beauty and cultural and historic resources of the Village of Mastic Beach and its environs.

1-1 Validity

Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof.

1-2 Interpretation, Purpose and Conflict

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals or the general welfare of the Village. It is not intended by this chapter to interfere with or abrogate or annul any Village Building Code or any rules and regulations adopted or issued there under, or the rules and regulations of the Department of Health of the County of Suffolk, or the New York State Department of Environmental Conservation, and not in conflict with any of the provisions of this chapter; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of the building, or requires larger open spaces than are imposed or required by such ordinance, rules and regulations, the provisions of this chapter shall control.

1-3 Remedies

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

ARTICLE II  GENERAL PROVISIONS

2-4 Word Usage and Definitions

Usage.

(1)    For the purposes of this chapter, unless the content indicates to the contrary, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural.

(2)   The word “shall” is always mandatory. The words “used or occupied” shall be construed as though followed by the words “or intended, arranged or designed to be used or occupied.”

(3)   All frontages, depths, widths and areas shall be net, measured to or from the property lines.

(4)   The word “person” includes a profit or nonprofit corporation, company, partnership or individual.

(5)   The word “village” shall mean the Incorporated Village of Mastic Beach.

(6)   The term “Board of Trustees” shall mean the Village Board of Trustees of the Village of Mastic Beach; the term “Planning Board” shall mean the Planning Board of said village; the term “Zoning Board of Appeals” shall mean the Zoning Board of Appeals of said village; the term “Building Inspector” shall mean the Inspector of Buildings duly appointed and empowered by the Board of Trustees to enforce the provisions of this chapter; the term “Village Clerk” shall mean the Village Clerk of the Village of Mastic Beach.

2-2 Definitions

Unless otherwise expressly stated, the following words and expressions, where used in this chapter, shall have meanings indicated.

The following definitions do not necessarily signify or imply that the subject of the definition is a permitted or conditionally approved use.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT

For the purpose of termination of a nonconforming use, any use within or outside of a structure which is not continued for one year shall be deemed abandoned and revert to a legal one family residence in R-1, R-2 or presently conforming use in all business districts.

ACCESSORY BUILDING

A building subordinate to the main building on a lot, used for purposes customarily incidental to those of the main building.

ADULT ESTABLISHMENT

A commercial establishment that provides literature, film, video or live performances, or merchandise with emphasis upon the depiction, or description, of specified sexual activities or specified anatomical areas, which is not open to the general public as it excludes minors.  [seek advice from atty.]

ALTERATION

A change or rearrangement of a building or structure, in the structural parts or in exit facilities, or an enlargement, whether by extending on a side or increasing in height, or the moving from one location or position to another.

ANIMAL KENNEL OR BOARDING FACILITY

A business dedicated to providing housing of animals on a long or short term temporary basis, for the purpose of breeding, adoption, or providing pet sitting services, for profit or donation.

AUTOMOBILE REPAIR SHOP

A building of one or more stories in height used either for the repair of automobiles and trucks and storage incidental to the repair of.

AUTOMOBILE SERVICE STATION

Any building, land area or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar vehicle accessories. “Automobile service stations” shall not include premises where automobile painting and body fender work are conducted.

BAR or TAVERN

An establishment regulated by the New York State Liquor Authority and consisting of one or more of the following characteristics: age restrictions or cover charges for admission, listening or dancing to music provided by live entertainment, disc jockeys or jukeboxes, or hours of operation which extend beyond the normal dining times for dinner. The accessory or incidental sale of foods or snacks shall not entitle such a use to be considered a restaurant under other provisions of this Code. The permanent or temporary removal of tables and chairs from such an establishment to permit any of the aforesaid characteristics shall constitute the creation of a nightclub or cabaret.

BED-AND-BREAKFAST

An owner-occupied building designed, used and occupied as a single-family residence, managed by the property’s owner and having, as an accessory use, bedroom accommodations and breakfast provisions served in the host’s private dining room or kitchen for those accommodated as paying guests. For purposes of this definition, an owner shall be a natural person or persons only.

BODY SHOP

A building or facility used for the construction, whether partial or whole, or repair of automobile, truck and trailer bodies, frames and chassis and/or for the painting of any such items whether or not accessory or incidental to another use.

BUILDING

A structure having a roof supported by columns or walls, and when separated by a party wall without openings, it shall be deemed a separate “building.”

BUILDING AREA

The total square foot area of the maximum horizontal cross sections of the buildings, decks, pools and other structures on a lot.

BUILDING HEIGHT

The vertical distance from the surrounding grade to the highest point of the roof.  Chimneys, spires, and other towers, elevator penthouses, tanks and similar permitted projections shall not be included for the purpose of determining the height.  The Building Inspector shall be responsible for any interpretations concerning average grade.

BUILDING AND HOUSING DEPARTMENT

The Building and Housing Department of the Village of Mastic Beach or any agent or officer of such Department.

BUILDING INSPECTOR

The Building Inspector of the Village of Mastic Beach or any person duly appointed as such Inspector by the Mayor of the Village of Mastic Beach .

CAMP COTTAGE

Any building of whatever material constructed, designed or equipped to be used for living, sleeping or eating only by transient or seasonal occupants.

CAMP UNIT

Any plot of land in a tourist camp upon which any tent, tent house, camp cottage, tourist unit, house car or trailer designed or equipped to be used for living, sleeping or eating is proposed to be located.

CATERING and CATERING FACILITY

Any business establishment or premises used, or intended for use, in providing commercial services of an event-type nature, whether or not such service includes the serving of prepared food or alcoholic or nonalcoholic beverages, or providing live or recorded music.

CHILD DAY-CARE CENTER

A child day-care center duly licensed pursuant to the New York State Social Services Law, as amended, and as provided for NYCRR Part 418 (Social Services), as amended, and approval of Suffolk County Department of Health Services.

CLEARING VACANT LOTS

In all zones or districts, no person or entity shall cause or allow the clearing or removal of any vegetation on any parcel without a clearing permit.

CODE ENFORCEMENT OFFICER

The Building Inspector, Housing Inspector, any Fire Marshal, Fire Inspector or Chief of the Fire Department, or their delegates or assistants.

COIN-OPERATED AMUSEMENT DEVICE

Any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. However, this definition does not include jukeboxes and other devices or machinery designed for the providing of audio reproduction of music only.

COMMERCIAL CENTER

Any building or buildings, structure or structures or premises used by one or more enterprises for a commercial purpose specifically permitted within the particular use district in which this term is applied, where the proposed use occupies a site of one or more acres, whether built at one time as a unit or in two or more construction stages.

CORNER LOT

A lot having a street line along two streets forming an angular or curved corner.

DEPTH OF A LOT

The average of the distances from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.

DOUBLE-FRONT LOT

A lot having a street line at both ends of the lot.

DRIVE-IN RESTAURANTS

A building and its accessory parking area used and intended to be used for the cooking or other preparation and sale of foodstuffs and beverages intended to be consumed on the premises at a stand-up counter or in the parking area in vehicles or otherwise, or intended to be taken from or delivered from the premises for consumption off the premises. Delicatessen stores or restaurants which prepare and sell food and beverage orders for consumption off the premises, where such preparation and sale are incidental to the main business activity of such delicatessen or restaurant, are not intended to be included in this definition.

DWELLING UNIT

A structure or building used as a one-, two- or three-family dwelling or a multiple apartment unit, condominium or cooperative, occupied or to be occupied by one or more persons as a home or residence with separate kitchen facilities per dwelling unit.

DWELLING, ONE-FAMILY

A building designed and authorized for exclusive occupancy as a home or residence for not more than one family, which building shall have not more than one kitchen.

DWELLING, TWO-FAMILY

A building designed and authorized for exclusive occupancy as a home or residence for not more than two families living independently of each other, which building shall have at least, but not more than, two kitchens.

DWELLING, MULTIPLE

A building or portion thereof designed for or occupied by three or more families living independently of each other.

FAMILY

One or more persons related by blood, adoption or marriage, or a domestic partnership, living and cooking together as a single housekeeping unit, or a number of persons, not so related, but the factual and functional equivalent of the same, living and cooking together as a single housekeeping unit and as a relatively permanent household, and not as a framework for transients or transient living.

FARMERS’ MARKET

Any building or buildings, structure or structures or premises used by four or more transient or part-time independent vendors for the sale at retail of produce, goods, wares or merchandise. The term “farmers market” shall be deemed to include “flea market” and similar terms.

FENCE

Either a woven wire fence, stockade fence or a fence having open spaces the same width as and between each of the pickets, slats or other material used in its construction, unless otherwise permitted by the Board of Appeals as hereinafter provided, keeping bottom of fence 6 inches above ground on vacant parcels.

FLOOR AREA

The total of the horizontal areas of the several floors of a building, excluding areas used as an attached garage, attic, crawl space and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building.  All dimensions shall be measured between exterior faces of walls.

FLOOR AREA, GROUND

The area within the exterior walls of a building, at the first floor.

FORMULA OR FRANCHISE FOOD ESTABLISHMENT

A food establishment required by contractual or other arrangement to maintain any of the following: standardized array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, menus, ingredients, food preparation, or similar standardized features.

FRONT YARD

The space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front lot line. No required “front yard” shall be used for the open-air parking or storage of motor vehicles, except that this provision shall not apply to the driveway of a one-family or two-family residence.

GAME ROOM

A building or portion thereof used or intended to be used for the operation of more than two coin-operated amusement devices for the use of the general public or specific invitees.

GARAGE, MINOR

A building not a private garage, one story in height, used for the storage only of non-commercial automobiles and in which no commercial repair work or servicing is carried on.

GARAGE, PRIVATE

A building used for the storage of noncommercial automobiles and all types of farm machinery and farm conveyances and not more than one commercial vehicle having a carrying capacity of not more than two tons according to the manufacturer’s specifications, owned and regularly used by or on behalf of the owner or tenant of the lot on which it is erected and only for a purpose accessory to the permitted use of the lot.

GARAGE, PUBLIC

A building, other than a private or a minor garage, used for housing, storage, repair, detailing, maintenance, service and repair of or addition or installation of accessories or other component parts to trucks, trailers and automobiles, whether or not accessory or incidental to another use. A “public garage” shall not include a facility for automotive body and collision work nor painting of automobiles or other vehicles.

GARDEN APARTMENTS

A group of buildings Garden apartments are a group of buildings which shall conform to the following regulations: not more than 2 1/2 stories in height, each building containing not more than eight dwelling units. If buildings are attached, they shall not contain in the aggregate more than 16 dwelling units.  No portion of such buildings below the first story or above the second story shall be used for dwelling purposes.  The minimum distance between buildings shall be 30 feet. A recreation-play area shall be provided.

GROSS FLOOR AREA (GFA), COMMERCIAL

The total floor area of a structure as measured from the exterior faces of the walls.  GFA shall include accessory buildings/structures, above-grade floors, stairwells at each story, interior balconies, mezzanines, floor space utilized for mechanical equipment with structural headroom of seven feet six inches or more and covered or enclosed porches, patios and decks. GFA shall include the area under a gambrel, gable, hip or similar type roof, where there exists a floor-to-ceiling height of five feet or more unless access to said area is limited to a scupper or pull-down staircase. All storage space or occupied space shall be included when calculating GFA for nonresidential uses. Open and unroofed decks and patios, awnings, sills, cornices, buttresses and eaves shall not be included in calculating GFA.

GROSS FLOOR AREA (GFA), RESIDENTIAL

The total floor area of a structure as measured from the exterior faces of the walls.  GFA shall include accessory buildings or structures, above-grade floors, stairwells at each story, interior balconies, mezzanines and covered or enclosed porches, patios and decks. GFA shall include the area under a gambrel, gable, hip or similar type roof, where there exists a floor-to-ceiling height of five feet or more unless access to said area is limited to a scupper or pull-down staircase.

Below-grade floors shall not be included in GFA for residential uses, provided such floors are at least 75% below grade and are not used as habitable space.

Open and unroofed decks and/or patios, awnings, sills, cornices, buttresses and eaves shall not be included in calculating GFA.

GROUND OR FIRST STORY

The lowest story of a building, entirely above the level of the ground, in front of a building.

HOME BASED BUSINESS

A business in which the goods or service are produced or provided and offered for sale at the home by the owner of the home. An accessory use of a service character customarily conducted within a dwelling by the residents thereof which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use and in connection therewith there is not involved the keeping of a stock-in-trade or the use of equipment which creates offensive noise, vibration, smoke, dust, odors, heat, glare or electronic interference, or advertisement, other than an identification sign as permitted and regulated in this Code.

IMMEDIATE FAMILY

Persons related to the owner of a dwelling unit to include: the owner’s spouse, children, parents, grandparents, grandchildren or their functional equivalent, and no others.

JUNKYARD

The use of more than 300 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that adjoins any street for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in operating condition, or for the sale of parts thereof.

LAUNDROMAT

A business premises equipped with individual clothes washing, drying and/or dry cleaning machines for use of retail customers, including laundry facilities provided for multiple dwellings.

LIGHT INDUSTRY

The manufacture, assembly, compounding, processing or packaging of goods or products from raw materials, refined elsewhere, in which the goods produced are generally of high value in relation to bulk and which do not generate offensive noise, vibration, glare, dust, smoke, gas or other effluent.

LOT AREA

The area of a lot on which a building and its accessories may be located.

MINI STORAGE FACILITIES (also known as “mini storage warehouses”) or SELFSTORAGE FACILITIES

A structure(s) partitioned into private storage spaces or areas of varying size, individually leased or rented for varying terms to the public at large.

NIGHTCLUB or CABARET

An establishment primarily engaged in the sale and service of alcoholic beverages for on-premises consumption, subject to the regulatory authority of the New York State Liquor Authority and consisting of one or more of the following characteristics: age restrictions or cover charges for admission; hours of operation which extend beyond the normal dining times for breakfast, lunch or dinner; and dancing to music. The accessory or incidental sale of food or snacks shall not entitle such a use to be considered a restaurant or a bar or tavern under other provisions of this Code.

NONCONFORMING USE

Any use or activity which is legal because it was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which is nonconforming by reason of such adoption, revision or amendment (to conform) to the present requirements of the zoning district.

NONCONFORMING LOT

A lot, the area dimension or location of which is legal because it was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which is nonconforming by reason of such adoption, revision or amendment to the present requirements of the zoning district.

NONCONFORMING STRUCTURE OR BUILDING

A structure or building, the size, dimensions or location of which is legal because it was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which is nonconforming by reason of such adoption, revision or amendment to the present requirements of the zoning district. A legal nonconforming structure by virtue of destruction by natural causes such as fire, explosion, wind, flood or acts of God, may be rebuilt within the same footprint of and retain its conforming or nonconforming use.

OFF-STREET PARKING AREA

The area of a lot or a building used or designed to be used for the purpose of accessory parking of vehicles. Such area shall be on or part of the same lots on which the principal use is located. However, when approved by the Board of Appeals as hereinafter provided, such area may be maintained on a separate, non-contiguous lot determined by said Board to be convenient thereto; provided, however, that such separate lot shall be permanently and exclusively committed to such use, and, for such purpose, the Board of Appeals may require such recordable instruments, which, as to execution and form, shall be satisfactory, as may be deemed necessary to ensure the continued and uninterrupted use of such parking area for such purpose.

OWNER

Any person, partnership, corporation or other entity who, alone or jointly, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained.

PARK

Any and all land and/or physical structures owned or controlled by the Village of Mastic Beach or other governmental body and designated or used for park or recreational uses, whether active or passive, designated as “parks” or “picnic areas.”

PARKING SPACE

The space required for each motor vehicle intended or required to be parked in an off-street parking area. Each “parking space” shall be not less than nine (10) feet wide and 20 (22) feet long, and, in addition thereto, there shall be provided such space as is reasonably necessary for adequate ingress, egress and turning.

PERSON

Includes individuals, natural persons, partnerships, joint ventures, societies, associations, clubs, corporations or unincorporated groups or any members, officers, directors or stockholders or any kind of personal representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law.

PREMISES

Includes the land and all buildings and structures thereon.

PRINCIPAL BUILDING

A building in which the principal use of the lot upon which it is located is conducted.

PRINCIPAL USE

The primary or predominant use of any lot, permitted within the zoning in which it reside under this code.

PROPRIETOR

A person with a legal right or exclusive right of use of a building or structure.

PROFESSIONAL OFFICE

Includes the office of an accountant, architect, attorney, chiropractor, dentist, engineer, medical doctor, surveyor, and such other occupations which, in the judgment of the Zoning Board of Appeals, are similar in character to the aforementioned occupations.

PROFESSIONAL OR OFFICE BUILDING

A building designed and used for housing offices for all professions and businesses but where no manufacturing, merchandising or display areas are provided over and above the first story.

PUBLIC PARKING PLACE

Any lot other than one owned or maintained by the Village of Mastic Beach or a municipal district or authority, used by the public for parking of automobiles or other motor vehicles.

REAR YARD

An open, unoccupied space on the same lot with a building or structure, extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building or structure projected to the side lines of the lot. The depth of the “rear yard” shall be measured between the rear line of the lot and the rear line of the main building or structure. In the event that the principal structure is located on a corner lot, the “rear yard” shall consist of an open, unoccupied space situated between the rear line of the lot (the rear line of the lot for a corner lot consists of the lot line directly opposite the street upon which the side of the house having the main entrance faces) and the rear line of the structure (the rear line of the structure on a corner lot consists of the side of the structure directly opposite the side of the structure in which the main entrance is located), but such “rear yard” shall not extend beyond the side lines of the building or structure as projected to the rear line of the lot.

RECREATION-PLAY AREA

An area on the site of apartment and garden apartment premises left open, free of structures or parking facilities or any other paving, suitably landscaped and dedicated only for recreation use, of a size at least equal to 100 square feet for each dwelling unit on the premises up to and including 10 units and 75 square feet for each unit over 10. The area making up the required front yard setback shall not be included in computing the size of the “recreation-play area.”

RECYCLING CENTER

Any location, whether operated for profit or not, where the public is requested to or permitted to bring any materials to be donated, sold or left to be recycled, reclaimed, processed or reused, including but not limited to newspapers, bottles, metal cans and used clothing and furniture. This definition shall, however, not include collection bins set out by charitable organizations for the deposit of clothing and similar material.

RESTAURANT

Any establishment where the principal business is the commercial sale of prepared food, frozen desserts or beverages to patrons for immediate consumption, with a total gross floor area of between 2,001 and 4,999 square feet, and between 17 and 99 seats, and without drive-through service.

RESTAURANT, MAJOR

Any establishment where the principal business is the commercial sale of prepared foods, frozen desserts or beverages to patrons for immediate consumption, with a total gross floor area of 5,000 square feet or greater, or with 100 seats or greater, or with drive-through service.

RESTAURANT, TAKE-OUT

Any establishment where the principal business is the commercial sale of prepared foods, frozen desserts or beverages to patrons for immediate consumption, with a total gross floor area of 2,000 square feet or less, and not more than 16 seats, and without drive-through service.

SIDE YARD

The required open space extending along the side lot line from the front yard to the rear yard.

SIGN

Any structure, device or display consisting of, but not limited to, any letter, symbol, trademark, model, banner, flag, pennant, insignia, light decoration, billboard, flashing illustration, representation or combination thereof used for the purpose of advertisement, announcement, identification or other attention-directing intent. A “sign” does not include the American flag, pennant or insignia of a governmental or religious institution, seasonal lighting, and does not include any display of a court or official public notices.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between such floor and the ceiling above it.

STREET LINE or FRONT PROPERTY LINE The dividing line between the street easement and parcel.

STRUCTURE

Anything constructed or erected which requires location in or upon the ground or attached to something having location in or upon the ground, including all types of signs, but not including fences which are six feet or less in height or anything constructed or erected which is less than 100 square feet in area and which is used as a shed. The word “structure” shall be construed as though followed by the words “or part thereof.”  (Ernie:  remove current para., replace with:  Anything constructed or erected which requires location in or upon the ground or attached to something having location in or upon the ground, or attached to something having location upon the ground, including all types of signs, but not including fences which are six feet or less in height.  The word “structure” shall be construed as though followed by the words “or part thereof.” For the purpose of this definition wood decks less than 8 inches above grade, sheds 144 sq. ft. or less, concrete walks, patios or entry steps and landings, shall not be deemed structures and be permitted in any yard, except sheds (see sheds) in rear yard only.

TELEPHONE EXCHANGE

A building erected or used exclusively as a central station where telephone lines meet and where connections are made between them and where no trucks or materials are stored.

TOURIST CAMP

Any plot on which are located, or which is offered to the public for the location of, one or more tents, cabins, tent houses, camp cottages, tourist houses, house cars or trailers designed or equipped to be used for living, sleeping or eating.

TRAILER, HOUSE CAR OR CAMPER

Any vehicle (unit) designed or equipped to be used for living, sleeping or eating and designed to move from place to place on wheels, propelled by its own power or otherwise drawn or propelled.

TREE

Any living perennial, woody plant, its branches, its root system and its trunk, if greater than three inches in diameter measured three feet from ground level and six feet in height measured from ground level.

TWO-AND-ONE-HALF-STORY BUILDING

A building whose main eaves are below the mid-height of the third story.

TWO-STORY BUILDING

Any building having an area on the second floor of not less than 50% of the area on the first floor.

VETERINARY HOSPITAL

A medical facility dedicated to the health care of animals, boarding animals as necessary to facilitate such care.

WIDTH OF A LOT

The average width measured at right angles to the direction of its average depth.

WORD USAGE

Words used in the singular number shall include the plural, and vice versa; the word “building” includes the word “structure”; “lot” includes the word “plot”; the word “shall” is always mandatory.

ARTICLE III  ZONING DISTRICTS

3-1 Districts Designated

For the purpose of this chapter, the Village of Mastic Beach is hereby divided into use districts, which shall be designated as follows, and such other districts as may be added by amendments to this chapter:

R-1      Residence District

R-2      Residence District

R-3      Residence/Multi-Family Development PRC or PRD ?

R/B      Residence/Business District R/P Residence/Professional District?

DB      Downtown Business District

B-2      Business District

I           Industrial District

WD     Waterfront Development District

X         X District

R-1 Residence District

A. Use. In R-1 Residence District, no building or premises shall be used, and no building shall be hereafter erected or altered, unless otherwise provided for in this chapter, except for one or more of the following uses:

(1) One-family dwelling.

(2) Churches or similar places of worship, parish houses, convents and accessory buildings of a religious nature, when authorized by a special permit from the Board of Trustees.

(3) Public parks, playgrounds and recreational areas, when authorized or operated by a governmental authority.

(4) A regularly organized elementary or high school having a curriculum approved by the Board of Regents of the State of New York, accredited colleges or universities, by special permit from the Board of Trustees.

(5) Private detached garage as an accessory building.

(6) Other customary accessory uses and buildings, provided that such uses are incidental to the principal use, but such uses shall not include any activity conducted as a business.

B. Height. In R-1 Residence District, no building or structure hereafter erected or altered shall exceed 35 feet or three stories.

C. Lot area. In the R-1 Residence District, no building shall be erected on a lot having an area of less than 15,000 square feet and a width of less than 75 feet at the street line and at the building line. A single-family dwelling may be built upon a lot held in single and separate ownership at the effective date of the original amendment of this chapter.  A single-family dwelling legally existing at the effective date of the original amendment of this chapter may be altered in compliance with this code. (insert Code 85-431)

D. Front yard. In the R-1 Residence District, no building hereafter erected or altered shall have a depth of front yard less than 30 feet. If on the same side of the street 40% or more of the total street line distance between the two nearest intersecting street lines shall have been improved with two or more buildings, or in the event that building permits shall have been issued there for, not less than the average depth of yard as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 40 feet.

E. Corner lot. In the R-1 Residence District, such lot shall have a front yard along each street and one rear yard as is provided in § H.

F. Double-front lots. In the R-1 Residence District, the required front yard as required in § D shall be provided on both street fronts.

G. Side yards. In the R-1 Residence District, there shall be two side yards, one on each side of the building. The total of the widths of both side yards shall be not less than 30 feet wide, and neither side yard shall be less than 15 feet wide.

H. Rear yard. In the R-1 Residence District, there shall be a rear yard having a minimum depth of 25 feet.

I. Building area. In the R-1 Residence District, the total building area shall not exceed 35% of the lot area.

J. Accessory buildings or structures. In the R-1 Residence District, accessory buildings may occupy not more than 25% of the (required) rear yard provided, however, that:

(1) The yard area occupied by such accessory building shall be included in computing the percentage of lot area permitted to be built upon.

(2) Any accessory building shall be located on the same lot(s) with the principal building.

(3) No accessory building shall be constructed upon a lot or plot until the construction of the main buildings has been actually commenced.

(4) No accessory building shall be used unless the main building on a lot or plot has been completed and is in use.

(5) No accessory building shall be built within five (three) feet of any side or rear lot lines Ernie wants to strike: or nearer than 50 feet to any street line.  ADD “Except pools, garage, accessory.

Ernie comment:  Swimming pool?  10’ side and rear inside yard.

Detached garage 10’ 750 sq. ft. side and rear

Shed under 144 sq. ft. OK, no sheds on side, behind rear foundation line, only.

(6) No more than one dwelling shall be erected on any building lot.

(7) No accessory structure shall exceed 750 square feet without approval of the Zoning Board of Appeals.

(8) Any accessory building shall not contain more than one story. Maximum height of an accessory building shall not exceed 14 feet from the average existing grade.

(9) The floor area of the accessory building shall not exceed 25% of the ground floor area of the main building.

K. Permitted encroachments. In the R-1 Residence District, the following encroachments upon required yard areas are permitted:

(1) Cornices, eaves, gutters, chimneys or bay windows projecting not more than 24 inches.

(2) One-story open covered (roofed over) porches and terraces, projecting not more than six feet into a required rear or front yard.

(3) One-story enclosed vestibule not greater than six feet wide and five feet deep into front yard.

(4) In any case where the Board of Appeals has diminished a required yard by a variance, none of the foregoing encroachments shall be permitted into such diminished yard.

Ernie adds:  L. Accessory apartments are not permitted in R-1 and R-2.  (see Immediate Family pg. 12) Existing accessory apartments are grandfathered, provided permits are renewed within a month of expiration.)

R-2 Residence District

A. Use. In R-2 Residence District, no building or premises shall be used, and no building shall be hereafter erected or altered, unless otherwise provided for in this chapter, except for one or more of the following uses:

(1) One-family dwelling.

(2) Churches or similar places of worship, parish houses, convents and accessory buildings of a religious nature, when authorized by a special permit from the Zoning Board of Appeals.

(3) Public parks, playgrounds and recreational areas, when authorized or operated by a governmental authority.

(4) A regularly organized elementary or high school having a curriculum approved by the Board of Regents of the State of New York, accredited colleges or universities, by special permit of the Board of Trustees.

(5) Private detached garage and accessory buildings set back 20 feet from rear and side property line.

(6) Other customary accessory uses and buildings, provided that such uses are incidental to the principal use, but such uses shall not include any activity conducted as a business.

(7) Sheds same as R-1.

B. Height. In R-2 Residence District, no building or structure hereafter erected or altered shall exceed 35 feet or two stories.

C. Lot area. In the R-2 Residence District, no building shall be erected or altered on a lot having an area of less than 80,000 square feet and a width of less than 150 feet at the street line and at the building line. A single-family dwelling may be built upon a lot held in single and separate ownership at the effective date of the original amendment of this chapter. A single-family dwelling legally existing at the effective date of the original amendment of this chapter may be altered in compliance with this code.

D. Front yard. In the R-2 Residence District, no building hereafter erected or altered shall have a depth of front yard less than 50 (60) feet. If on the same side of the street 40% or more of the total street line distance between the two nearest intersecting street lines shall have been improved with two or more buildings, or in the event that building permits shall have been issued there for, not less than the average depth of yard as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 60 feet.

E. Corner lot. In the R-2 Residence District, such lot shall have a front yard along each street as provided in § D and one rear yard as is provided in § H

F. Double-front lots. In the R-2 Residence District, the required front yard shall be provided on both streets.

G. Side yards. In the R-2 Residence District, there shall be two side yards, one on each side of the building. The total of the widths of both side yards shall be not less than 50 (80) feet wide, and neither side yard shall be less than 25 (30) feet wide.

H. Rear yard. In the R-2 Residence District, there shall be a rear yard having a minimum depth of 50 (75) feet.

I. Building area. In the R-2 Residence District, the total building area shall not exceed 25% (15%) of the lot area.

J. Accessory buildings. In the R-2 Residence District, accessory buildings may occupy not more than 25% (15%) of the required rear yard and shall not exceed 14 feet in height provided, however, that:

(1) The yard area occupied by such accessory building shall be included in computing the percentage of lot area permitted to be built upon.

(2) Any accessory building shall be located on the same lot with the principal building.

(3) No accessory building shall be constructed upon a lot or plot until the construction of the main buildings has been actually commenced.

(4) No accessory building shall be used unless the main building on a lot or plot has been completed and is in use.

(5) No accessory building shall be built within five feet of any side or rear lot lines or nearer than 50 feet to any street line.

(6) No more than one dwelling shall be erected on any building lot.

(7) Any accessory building shall not contain more than one story. Maximum height of an accessory building shall not exceed 14 feet from the average existing grade.

(8) The floor area of the accessory building shall not exceed 25% of the ground floor area of the main building.

(9) No accessory structure shall exceed 600 square feet.

K. Permitted encroachments. In the R-2 Residence District, the following encroachments upon required yard areas are permitted:

(1) Cornices, eaves, gutters, chimneys or bay windows projecting not more than 24 inches.

(2) One-story open porches and terraces not exceeding three feet in height, projecting not more than six feet into a rear or front yard.

(3) One-story enclosed vestibule not greater than six feet wide and five feet deep into front yard.

(4) In any case where the Board of Appeals has diminished a required yard by a variance, none of the foregoing encroachments shall be permitted into such diminished yard.

R-3  Residence/Multi-Family Development [see attorney’s advice] existing PRC

R/B – Residence and Business District  [Ernie:  STRIKE!]

A. Use. In R/B Residence and Business District, no building or premises shall be used and no building shall be hereafter erected or altered, unless otherwise provided in this chapter, except for one or more of the following uses:

(1) Any principal and accessory use permitted in the R-1 Residence District.

(2) Offices and professional spaces as an accessory to a principal use as a residence by the owner of the residence, when authorized by the Board of Appeals by virtue of application thereto as hereinafter provided.

(3) Owner-occupied two-family dwellings, when allowed as a special permit by the Board of Appeals for a period of three years as hereinafter provided.

(4) Senior Citizen Housing as an accessory to a principal use as a residence by the owner of the residence, when authorized by the Board of Appeals by virtue of application thereto as hereinafter provided.

(5) Home based business as an accessory to a principal use as a residence by the owner of the residence, when authorized by the Board of Appeals by virtue of application thereto as hereinafter provided.

B. Height. In the R/B Residence and Business District, height restrictions shall be the same as in the R-1 Residence District.

C. Lot area. In the R/B Residence and Business District, no building shall be erected or altered on a lot having an area of less than 20,000 square feet and a width of less than 100 feet at the street line and at the building line. A single-family dwelling may be built upon a lot held in single and separate ownership at the effective date of the original amendment of this chapter. A single-family dwelling legally existing at the effective date of the original amendment of this chapter may be altered in compliance with this code.

D. Front yard. In the R/B Residence and Business District, no building hereafter erected or altered shall have a depth of front yard less than 25 feet. If on the same side of the street 40% or more of the total street-line distance between the two nearest intersecting street lines shall have been improved with two or more buildings, or in the event that building permits shall have been issued there for, not less than the average depth of front yard as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 40 feet.

E. Corner lot. In the R/B Residence and Business District, such lot shall have a front yard along each street as is provided in§ D., and one rear yard as is provided in §H.

F. Double-front lots. In the R/B Residence and Business District, the double-front-lot requirements shall be the same as provided for in § 18-D.

G. Side yards. In the R/B Residence and Business District, there shall be two side yards, one on each side of the building. The total of the widths of both side yards shall be not less than 25 feet, and neither side yard shall be less than 10 feet wide.

H. Rear yard. In the R/B Residence and Business District, the rear yard requirements shall be not less than 25 feet.

I. Building area. In the B Residence and Business District, the total building area shall not exceed 25% of the total lot area.

J. Accessory buildings. In the R/B Residence and Business District, the restrictions on and requirements for accessory buildings shall be the same as in the R-1 Residence District.

K. Permitted encroachments. In the R/ B Residence and Business District, the permitted encroachments shall be the same as are permitted in the R-1 Residence District.

L. Architectural design.

(1) In the R/B Residence and Business District, the architectural design, scale and mass of buildings and other structures, including, among other elements, the exterior building material, color, roof line and building elevations shall be of such character as to harmonize and be compatible with the neighborhood so as to protect property values in the neighborhood and to preserve and improve the appearance and beauty of the community. New construction shall adhere to the purposes of this district, in whole or in part.

(a) Buildings shall be designed to achieve a small scale and residential appearance.

(b) Pitched-roofed buildings shall be required.

(c) Roof-top mechanical equipment shall be prohibited, except for energy conservation systems such as solar energy panels.

(d) Buildings shall be designed and located on the site so as to retain the existing topography and natural features of the land to the greatest extent possible.

(2) Role of Planning Board. In order to carry out the purposes of this section, the Village Planning Board shall be empowered to serve as the general administrative and review agency with the specific powers and duties enumerated elsewhere in this subsection.  The Planning Board shall make the necessary studies, research investigations and consultations; prepare the necessary maps, reports and other material; and undertake such other assignments as it deems appropriate and as may be requested by the Board of Trustees, all directed toward the preservation of the appearance and beauty of the community.

(a) Powers and duties of Planning Board. In carrying out the purposes of this subsection, the Planning Board shall have the following powers and duties:

[1] To review all applications for building permits, special use permits, sign permits and variances in a R/B Residence and Business District to determine what effect their granting may have on the special character to be preserved.

[2] To utilize the service of special consultants to assist in the resolution of specific problems.

[3] To consult with and offer suggestions to property owners, residents and tenants in a R/B Residence and Business District to help implement the objectives of this subsection.

(b) Review procedure.

[1] Applications for building permits, special use permits, sign permits and variances within a R/B Residence and Business District shall be referred to the Planning Board by the Building Inspector or the Board of Appeals.

[2] The Planning Board shall then review the applications and plans in accordance with the provisions of this subsection. In making its review, the

Planning Board may confer with the applicant or its authorized representative and shall, in making its determination, consider the following:

[a] The compatibility of the proposed building, structure, alteration thereof or use of the property with neighboring properties and the R/B Residence and Business District as a whole.

[b] The visual and locational relationship between the property in question and the R/B Residence and Business District’s existing buildings, structures, special character and general appearance in regard to style, material, scale, proportion, composition, mass, line, color, detail, setback, landscaping and related items.

[c] Any other factors relating to aesthetic considerations which are deemed pertinent to the benefit of the R/B Residence and Business District.

[3] By specific request in a particular case, the Planning Board may require the submission of such plans, reports, maps, exhibits, photographs or drawings as are necessary for its determinations. These submissions shall include but not be limited to site plans; architectural plans; landscaping plans; proposed signs; proposed door, window and facade design details and colors; and photographs or drawings indicating visual relationships to adjoining buildings and spaces in the R/B Residence and Business District.

[4] After its review and examination of the items submitted and subsequent to such further deliberations as it deems necessary, but within 45 days of the receipt of the application and accompanying items for review, unless the time period is extended as mutually agreed upon the Planning Board and the applicant, the Planning Board shall issue a favorable recommendation to the Building Inspector or Chairman of the Board of Appeals only if it finds that the proposal or a modification thereof is in fact appropriate to the character, appearance and efficient functioning of the R/B Residence and Business District. When the recommendation is for denial, the Planning Board shall state the reasons given for such recommendation.

[5] In a R/B Residence and Business District, no permit shall be issued to erect or alter a building, structure or sign in such manner as to change the outside dimensions or exterior appearance unless and until a recommendation has been received by the Planning Board. Likewise, no special use permit or variance shall be granted by the Board of Appeals until a recommendation by the Planning Board has been received.

[6] In such instances where the Planning Board shall recommend more or less restrictive regulations than those authorized in this subsection and in other

Village codes in order to accomplish the purposes of this subsection, the Board of Trustees, Planning Board, Building Inspector and the Board of Appeals shall be empowered to adopt and enforce such more or less restrictive regulations.

[7] Any person aggrieved by any decision of the Planning Board or Building Inspector under this subsection may appeal such decision to the Board of

Appeals in the same manner as is provided for zoning appeals; and the Board of Appeals, after proceeding in the same manner as is provided for zoning appeals and with the same power and authority vested in said Board of Appeals when passing upon appeals before it under the provisions of Village Law, may reverse, modify or affirm the decision of the Planning Board or Building Inspector.

(c) Maintenance. Nothing contained in this subsection shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature or premises in a R/B Residence and Business District which does not involve a change in design, material, color or the outward appearance thereof.

DB Downtown Business District  [Ernie:  STRIKE!]

A. Uses. In the DB Business District, no building or premises shall be used and no building shall be hereafter erected or altered, unless otherwise provided in this chapter, except for one or more of the following permitted uses:

(1) Any use permitted in any residence district, except for one-family and two- family dwellings.

(2) Garden apartments, when approved by the Board of Trustees.

(3) Apartment houses, when approved by the Board of Trustees.

(4) Offices and professional buildings for health-related services.

(5) Shops and stores for the sale at retail of consumer merchandise and services.

(6) Personal service shops, such as barbershops, beauty parlors and like services.

(7) Bowling alleys.

(8) Banks, theaters, restaurants and drive-in restaurants.

(9) Undertaking establishments.

(10) Game rooms, when allowed by special permit of the Zoning Board of Appeals. Said permits shall commence January 1 of one year and shall expire on

December 31 of the following year unless renewed upon timely application.

(11) Veterinarian.

(12) Billiard parlors, when authorized by special permit from the Board of Appeals.

(13) Restaurants, when authorized by special permit from the Town Board and licensed by the Suffolk County Department of Health Services.

(14) Bars and Taverns, when authorized by special permit from the Town Board and licensed by the Suffolk County Department of Health Services.

(15) Proprietor occupied living space within or above the first story, after approval of a special permit by the Board of Trustees.

B. Height. In the DB Business District, no building or structure hereafter erected or altered shall exceed (2 1/2) stories or 35 feet.

C. Lot area. In the DB Business District, no building shall be erected or altered on a lot having an area less than 5,000 square feet and upon a lot having a frontage of less than 40 feet.

D. Front yard. In the DB Business District, the required front yard depth shall be not less than 5 feet. If 40% or more of the distance of the street frontage on the same side of the street between the two nearest intersecting streets shall have been improved with two or more buildings, or in the event that building permits shall have been issued therefore, not less than the average front yard depth as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 10 feet.

E. Double-front or corner lots. In the DB Business District, the required front yard shall be provided for on both streets.

F. Rear yard. In the DB Business District, there shall be a rear yard having a minimum depth of 15 feet.

G. Building area. In the DB Business District, the total building area shall not exceed 75% of the total lot area.

H. Accessory buildings. In the DB Business District, accessory buildings may occupy 50% of the required rear yard, up to an average height of 14 feet.

I. Parking. In DB Business District, parking shall be provided pursuant to the provided shall not be located in the front yard of the premises for which it is provided. This regulation limiting the required off-street parking to the rear yard may be varied by the Board of Appeals after application to it and a public hearing. The Board of Appeals, in granting a variance to the provisions of this subdivision, shall determine whether the proposed variance will be in harmony with the existing traffic and parking conditions and will adversely affect the safety, welfare and convenience of the public and whether there are practical difficulties in the way of strictly carrying out this regulation.

B2 Business District  [Ernie:  STRIKE!]

A. Uses. In the B2 Business District, no building or premises shall be used and no building shall be hereafter erected or altered, unless otherwise provided in this chapter, except for one or more of the following uses:

(1) Any use permitted in the DB Business District, except for one-family and two-family dwellings.

(2) Nightclubs or cabarets when allowed as a special exception by the Board of Appeals.

(3) Golf courses; private, country and yacht clubs when permitted as a special exception by the Board of Appeals.

(4) Shops and stores for wholesale and retail consumer merchandise and services.

(5) Laundromats, when allowed as a special exception by the Board of Appeals as hereinafter provided.

(6) Hotels and motels, boarding houses as a special exception by the Board of Appeals.

(7) Catering facilities; restaurant businesses with seating in excess of 99 persons.

(8) Schools: private, public, parochial, business and professional.

(9) Minor garages and Motor vehicle salesrooms as permanent buildings, and used car lots, together with automobile service facilities other than body shops accessory to same, when permitted as a special exception by the Board of Appeals.

(10) Health facilities, but not to include drug or alcohol related treatment facilities:

(a) Health-related facilities, including diagnostic or treatment centers.

(b) Out-patient care facilities.

(c) Clinics.

(d) After-care treatment facilities.

(e) Psychiatric and public health centers.

(11) Formula and/or franchise food establishments.

(a) Legislative intent and findings. It is hereby found and established that the Village of Mastic Beach has a strong interest in creating and maintaining a desirable living, working and business environment for all visitors and residents of the Village. It is further found that the addition of formula and/or franchise food establishments, if not monitored and regulated, will frustrate the Village’s goal of achieving a unique and diverse retail business and food establishment base, comprised of a mix of businesses, both local and national in nature, and that the unregulated establishment of formula or franchise food establishments will unduly limit or eliminate business establishment opportunities for local and smaller- or medium-sized businesses. In light of the foregoing considerations, the Village has determined that the welfare of the Village’s residential, business and tourist community will be best served and advanced by monitoring and regulating the establishment of formula and/or franchise food establishments through the mechanism of special use permits.

(b) Prohibition. Formula or franchise food establishments, as defined in § Article II of this chapter, are prohibited in the B2 Business District, except by special use permit of the Board of Trustees.

(12) Other uses which, in the opinion of the Board of Appeals, meet the standards set forth in § A of this chapter and are of the same general characterization as those listed as permitted uses in this district.

(13) Outdoor storage when approved by the Board of appeals and when kept behind a 6 foot high opaque fence with an 8 foot wide landscaped buffer zone.

B. Height. In the B2 Business District, the height restrictions shall be the same as in the DB Business District.

C. Lot area. In the B2 Business District, the lot area requirements shall be 20,000 sq. ft.

D. Front yard. In the B2 Business District, the required front yard depth shall be not less than 25 feet. If 40% or more of the distance of the street frontage on the same side of the street between the two nearest intersecting streets shall have been improved with two or more buildings, or in the event that building permits shall have been issued therefore, not less than the average front yard depth as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 40 feet.

E. Double front or corner lots. In the B2 Business District, the required front yard shall be provided for on both streets.

F. Rear yard. In the B2 Business District, there shall be a rear yard having a minimum depth of 30 feet.

G. Building area. In the B2 Business District, the total building area shall not exceed 35% of the total lot area.

H. Accessory buildings. In the B2 Business District, the restrictions on accessory buildings shall be the same as in the B1 Business District.

I. Accessory outside storage facilities.  Outdoor storage of motor vehicles, trailers, motor homes stored in a fenced yard with an 8 foot wide landscaped buffer between the fence and the property lines after approval by the Board of Appeals.

J Parking. In B2 Business District, parking shall be provided pursuant to the provisions of §§ Article X , inclusive of this chapter, except that the parking provided shall not be located in the front yard of the premises for which it is provided. This regulation limiting the required off-street parking to the rear yard may be varied by the Board of Appeals after application to it and a public hearing. The Board of Appeals, in granting a variance to the provisions of this subdivision, shall determine whether the proposed variance will be in harmony with the existing traffic and parking conditions and will adversely affect the safety, welfare and convenience of the public and whether there are practical difficulties in the way of strictly carrying out this regulation.

I Industrial District

A. Uses. In the I Industrial District, no building or premises shall be used and no building shall be hereafter erected or altered, unless otherwise provided in this chapter, except for one or more of the following uses:

(1) Automobile Repair Shop and Automobile Service Stations

Auto repair shop and auto service stations shall be restricted as follows:

(a) No major repair work shall be permitted in the open.

(b) Pumps, lubricating and other devices shall be located at least 25 feet from the line of any street or highway right-of-way.

(c) All fuel, oil or similar substances shall be stored at least 35 feet distant from any street or lot line.

(d) No motor vehicles, automobile parts, dismantled vehicles and similar articles shall be stored in the open.

(e) Where abutting property is zoned or used for residential purposes, a brick, stone or architectural stone wall or split-cedar stockade-type fence six feet in height shall be required along such property line, together with such other screening as may be deemed necessary by the Planning Board.

(f) Overnight outdoor parking of any vehicle shall only be permitted within a fenced and landscaped area not within the front yard.

(g) No debris, junk, empty cans or garbage shall be permitted to remain outdoors.

(h) Gasoline, diesel fuel and/or other motor fuel may be dispensed on a self-service basis on the condition that at least one full-service island be opened and staffed during the hours of operation. Fuel from said full-service island during the hours of operation shall be dispensed only by an employee of the public garage or filling station. Automatic fire suppression systems approved by the Fire Inspector shall be provided and maintained in working order over any self-service island containing one or more such self-service pump, and all other applicable local, county and state laws, rules and regulations shall be adhered to. These provisions shall apply not only to public garages and filling stations in I Industrial Districts, but to all public garages and filling stations which may exist by nonconforming use.

(2) Motor vehicle washing businesses or structures, except those that are incidental or accessory to a public garage or filling station.

(3) Sale, distribution or dispensing of any goods, wares, merchandise or services to persons while said persons are in automobiles or other motor vehicles.

(4) Mini storage facility.

B. Height. In the I Industrial District, the height restrictions shall be 35′

C. Lot area. In the I Industrial District, the lot area requirements shall be 20,000 sq. ft.

D. Front yard. In the I Industrial District, the required front yard depth shall be not less than 30 feet for any building or accessory structure.

E. Double front or corner lots. In the I Industrial District, the required front yard shall be provided for on both streets.

F. Rear yard. In the I Industrial District, there shall be a rear yard having a minimum depth of 30 feet.

G. Side yard. In the I Industrial District, there shall be a side yard having a minimum depth of 25 feet.

H. Building area. In the I Industrial District, the total building area shall not exceed 35% of the total lot area.

I. Accessory buildings. In the I Industrial District, the restrictions on accessory buildings

shall be the same as in the B1 Business District.

J. Parking. In I Industrial District, parking shall be provided pursuant to the provisions of §§ Article X inclusive of this chapter, except that the parking provided shall not be located in the front yard of the premises for which it is provided. This regulation limiting the required off-street parking to the rear yard may be varied by the Board of Appeals after application to it and a public hearing. The Board of Appeals, in granting a variance to the provisions of this subdivision, shall determine whether the proposed variance will be in harmony with the existing traffic and parking conditions and will adversely affect the safety, welfare and convenience of the public and whether there are practical difficulties in the way of strictly carrying out this regulation.

WD Waterfront Development District

A. Uses. It is intended, in the creation of this zoning district, that lands which have a direct relationship to or impact upon the waterfront areas within the Village of Mastic Beach shall be developed to enhance the waterfront’s recreational, historic, scenic, cultural, residential and commercial values and to preserve and enhance these values for the future. It is further intended that development in this district encourage design features and views that best capture the relationship between waterfront and upland and that create opportunities for pedestrian access to and along the waterfront. It is further intended that water-dependent activities (such as marinas or bait and tackle shops) and water-enhanced activities (restaurants and motels) are not preempted by non-water related activities. Therefore, in the WD Waterfront Development District, no building or premises shall be used, and no building shall be hereafter erected or altered, except for one or more of the following permitted uses:

(1) Restaurants other than drive-in restaurants when located within 100 feet of the waterfront.

(2) Hotels and motels when located within 250 feet of the waterfront.

(3) Marinas, cruise piers, commercial boathouses, yacht basins and boat repair yards that are incidental to other permitted uses set forth under this Subsection A.

(4) Facilities for sightseeing, excursion party and fishing boats.

(5) Membership boating and yacht clubs.

(6) Shops, stores and other facilities for the sale of goods and services at wholesale and/or retail, when located within 250 feet of the waterfront when allowed as a special exception by the Board of Appeals and which are found by that Board to be related to or enhanced by the waterfront location. Such activities include, but are not limited to, the sale of fish and fish products, the sale of marine and boating products and tourist-related shops and activities. The Board may not grant any such special exception without first having secured the recommendation of the Planning Board in connection with the proposed use or development as part of the Planning Board’s site plan review.

(7) One-family dwellings.

(8) Other customary accessory uses and buildings, provided that such uses are incidental to the principal use, and including but not limited to the following:

(a) Buildings or structures accessory to a residential use.

(b) Swimming pools, tennis courts and similar recreational facilities.

(c) Outdoor storage of boats.

(d) Fully enclosed and screened storage areas.

(e) Boat storage in boat racks when authorized by special permit from the Board of Appeals.

B. Building lot regulations for one-family dwellings shall be as designated in R-1  R-2.

Zoning District

C. Lot regulations for all hotels, motels and boatels.

(1) Height. No such building or structure hereafter erected or altered shall exceed 35 feet or three stories.

(2) Lot area. No building shall be erected or altered on a lot having an area of less than 40,000 square feet and a width of 100 feet at the street line and at the building line.

(3) Front yard. No such building hereafter erected or altered shall have a depth of front yard less than 50 feet.

(4) Corner lots. Each such lot shall have a front yard along each street as is provided in §.

(3) and one rear yard as is provided in § (7).

(5) Double front lots. The required front yard shall be provided on both streets.

(6) Side yards. There shall be two side yards, one on each side of the building.

The total of the widths of both side yards shall be not less than 50 feet, and neither side yard shall be less than 25 feet.

(7) Rear yard. There shall be a rear yard having a minimum depth of 25 feet.

(8) Building area. The total building area shall not exceed 25% of the lot area.

(9) Density and floor area. There shall be at least 2,000 square feet of land area for each lodging unit or 18 units per acre with a minimum habitable floor area of 250 square feet per unit.

D. Lot regulations for all other permitted uses.

(1) Height. No such building or structure hereafter erected or altered shall exceed 35 feet or three stories.

(2) Lot area. No building shall be erected or altered on a lot having an area less than 7,500 square feet and a width of less than 75 feet at the street line and at the building line.

(3) Front yard. No such building hereafter erected or altered shall have a depth of front yard less than 25 feet.

(4) Corner lots. Each such lot shall have a front yard along each street as is provided in §.

(3) and one rear yard as is provided in § (7).

(5) Double front lots. The required front yard shall be provided on both streets.

(6) Side yards. There shall be two side yards, one on each side of the building. The total of the widths of both side yards shall be not less than 20 feet, and neither side yard shall be less than 10 feet.

(7) Rear yard. There shall be a rear yard having a minimum depth of 25 feet.

(8) Building area. The total building area shall not exceed 40% of the lot area.

3-2 Boundaries established

The boundaries of said districts are hereby established as shown upon the Building Zone Map of the Village of Mastic Beach, Suffolk County, New York, as approved in ???, which map is hereby made a part of this chapter, and all notations, references and other things shown thereon shall be as much a part of this chapter as if fully described herein.

Editor’s Note: The Official Zoning Map is on file in the office of the Village Clerk.

3-3 Compliance with district regulations required

No building shall be erected, altered or used and no premises shall be used for any other purpose than as may be permitted in the district in which such building or premises shall be located.

3-4 Boundary indications on map

The boundaries between districts are either the center line of streets or of railroad rights-of-way or such lines extended or lines parallel thereto, unless otherwise indicated upon the Building Zone Map. Where figures are shown on the Building Zone Map between a street and a district boundary line, such figures indicate that the district boundary line runs parallel to the street line at the distance so indicated by such figures. When the location of a district boundary line is not otherwise determined, it shall be determined by the scale of the map. Whenever the lines of any existing or mapped street vary from the same street lines as shown on the Building Zone Map, the district designation shown on the Building Zone Map shall govern and control.

3-5 Division of lot by a district boundary line

Where a district boundary line divides a lot which was held in single and separate ownership at the date of the adoption of this chapter, June 28, 2011, the Board of

Appeals, as hereinafter provided, may permit the less restricted use to extend to the whole or any part of such lot for a distance not exceeding 50 feet.

3-6 Tidal lands.

When the tidal lands are not shown as zoned on the Zoning Map, they shall be considered to lie within the R-2 Residence Zone.

ARTICLE IV  BUILDING INSPECTOR;  BUILDING PERMITS

4-1 Duties of the Building Inspector

It shall be the duty of the Building Inspector and he is hereby given the power and authority to enforce the provisions of this chapter.

4-2 Application requirements

The Building Inspector shall require that the application for a building permit include;

1. A survey prepared by a licensed land surveyor, showing the metes and bounds of the building parcel, the proposed building or structure; the shortest distances between the structure and the front, side and rear lines; and the elevation of the parcel at all corners according to the latest United States Coast and Geodetic Survey.

2. A site plan as required showing the location of the driveway; the location of the cesspools or other means of disposing of waste and wastewater; the location of the parking facilities; the layout of each required parking space and required ingress to and egress from said spaces; the location and dimensions of accessory buildings; the proposed elevation of the lowest floor, including the basement, of the proposed building or structure above sea level.

3. A complete set of plans for the proposed structure, prepared by a licensed

Architect or Engineer, showing all walls, floors and roofs, structure, electrical, heating and air conditioning fire sprinkler and alarms systems and all materials to be used.

4. These plans shall bear the name, address, telephone number and seal and signature of the licensed professional who has prepared them. There shall be a statement from the licensed professional stating that these plans were prepared by him or under his direct supervision. If they have not been prepared by the or under the direct supervision of the licensed professional, there must be a notarized statement by the licensed professional that he/she has reviewed these drawings and that they comply with all provisions of all applicable building and zoning codes.

5. All plans shall be submitted in PDF format, on a compact disk, together with (3) copies of paper drawings at 1/8″ per foot scale or greater.

4-3 Issuance of permits

1. No building permit shall be issued until the Building Inspector has certified that the proposed building or alteration complies with all the provisions of this local law and the edition of the New York State Uniform Fire Prevention and Building Code in effect at the time of application.

2. No building permit shall be issued by the Building Inspector unless the elevation of the proposed finished first floor shall equal or exceed 24 inches in elevation above the established grade of the road upon which the proposed structure fronts or has access, when measured at the midpoint between side lot lines. The words “established grade,” for the purpose of this section, are defined to mean the grade elevations above sea level as set forth on the official street grade maps now adopted or subsequently adopted or amended by the Board of Trustees by resolution and filed in the office of the Village Clerk. If no established grade exists because of the lack of official maps, the Building

Inspector shall have the discretion to fix an elevation for the finished first floor of the proposed building or structure which, in his opinion, will conform to the spirit and intent of this chapter.

3. A building permit shall be required for the construction, alteration, movement, enlargement, modification, replacement, structural repair, removal or demolition of every principal or accessory building or structure or any appurtenances connected or attached to such buildings or structures. A plumbing permit shall be required for the construction, alteration, movement, enlargement, modification or replacement of any plumbing or piping systems.

4-4 Violations; stop-work orders

1. It shall be unlawful for any person to commence work for the construction, alteration, movement, enlargement, modification, replacement, structural repair, removal or demolition of any building or structure or any appurtenances connected or attached to such building or structure without having first obtained a building permit and/or plumbing permit for such work.

2. Should the Building Inspector determine that such work is occurring, or has been commenced, without benefit of a duly issued building permit, he shall have authority to issue a stop-work order, which such order shall be affixed to the building in plain view.

Such order shall remain in full force and effect until such time as it is withdrawn by the Senior Building Inspector or otherwise affected by court order.

3. It shall be unlawful for any person to continue work or to permit work to be conducted at the premises while a stop-work order is in effect unless permitted in writing by the Senior Building Inspector. Such permitted work shall be limited to securing the premises and/or work area as to property and as to health and safety issues.

4. The failure to comply with the provisions of a stop-work order by an owner, lessee or contractor shall constitute a misdemeanor. The failure to comply with a stop work order by a contractor or employee of the owner or lessee shall be presumed to have been at the direction or authority of the owner and/or lessee, and shall further be subject to a civil penalty against such owner and/or lessee in the amount of $1,000 per day for each day that such stop-work order is violated. The Village Attorney is hereby authorized to initiate such proceedings as he deems necessary to enforce any stop-work order, or to recover such civil penalties as are warranted in the circumstances.

4-5 Building and plumbing fees

1. The building and plumbing fees for the following shall be as set from time to time by resolution of the Board of Trustees:

(1) One- and two-family dwellings (includes all floors);

(2) Multiple dwellings;

(3) Garages;

(4) New commercial;

(5) Existing commercial;

(6) Swimming pools:

(a) Above ground.

(b) Semi-in-ground.

(c) In-ground.

(7) Towers;

(8) Residential renovation;

(9) Accessory/utility structures;

(10) Decks;

(11) Plumbing/heating.

2. Upon failure of any landowner to commence construction activity without the benefit of any applicable Village permit, said person shall be liable to the Village for a civil penalty of not less than double the value that the permit would require or $1,000, whichever is greater.

3. The Board of Trustees may modify and amend the fees identified in Subsection 5 hereof by resolution duly adopted in open session, and such amended fees shall become effective immediately upon such adoption.

4-6 Expiration of building permits

All permits shall expire in one year of issuance thereof, and the renewal fee shall be paid in full at the time of renewal.

4-7 Razing permit

1. No person shall raze any building or any structure in excess of 10 feet in height or 100 square feet in floor area in the Village of Mastic Beach without first having obtained from the Building Inspector a permit for said razing. It shall be unlawful for any person to leave the premises upon which the razing took place in a dangerous, unsafe or hazardous condition due to accumulation of debris or open excavation. The fee for a razing permit shall be in a sum as set from time to time by resolution of the Board of Trustees.

Editor’s Note: The current Fee Schedule is on file in the office of the Village Clerk.

2. No person shall leave any premises in a dangerous, unsafe or hazardous condition, whether or not in connection with the razing of any building or structure, or in such condition as to constitute an attractive nuisance. The owner of record or any person occupying or controlling the use of any such property containing such an open excavation shall, within 10 days after notice thereof from the Building Inspector, delivered either personally or by certified mail, return receipt requested, protect such open excavation either by the erection of a fence or by the filling of said excavation pursuant to such requirements as shall reasonably be imposed by the Building Inspector and specified by him in said notice.

4-8 Certificate of occupancy

1. No person shall occupy or use any building or structure hereinafter erected or altered or enlarged, changed or altered, wholly or partly, in either its use or structure unless a certificate of occupancy is issued by the Building Inspector after he has determined that the conditions of the building permit and the ordinances and local laws of the Village have been complied with.

2. The fee for issuance of a certificate of occupancy shall be as set from time to time by resolution of the Board of Trustees. The fee for a search of the records and issuance of a duplicate certificate of occupancy and for a certificate of zoning compliance shall be as set from time to time by resolution of the Board of Trustees.

Editor’s Note: The current Fee Schedule is on file in the office of the Village Clerk.

3. Upon the recommendation of the Building Inspector, the Housing Inspector or the Planning Board, the Board of Trustees may revoke an existing certificate of occupancy or certificate of existing use upon a showing that the subject premises are being occupied or used in violation of an approved site plan or in violation of any condition or regulation imposed by the Board of Appeals, the Planning Board or the Board of Trustees or in violation of any covenant which has been recorded by agreement with or at the granting of any variance, special exception, permit, subdivision or site plan approval, certificate of existing use, Zoning Map amendment, amendment of any provision of the Zoning Chapter of the Village Code or in connection with any other matter properly before any such Board.  The Board of Trustees may also direct that such occupancy or use be discontinued. Said order of the Board of Trustees shall be made after a hearing held on notice to the last owner of record of the subject premises as indicated by the current assessment roll.  In the event that the Board of Trustees directs that such occupancy or use be discontinued or in the event that a parcel is being used or occupied without an approved site plan, the Village Attorney or any other designated counsel for the Village is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy.  However, such proceeding shall not be the exclusive remedy of the Village, and any violator may be prosecuted in the Village Court for the penalties provided by 4-4 hereof.

ARTICLE V  Site Plan Approvals

5-1 Membership

The membership of the Planning Board of the Village of Mastic Beach of said Village is to be seven members each.

5-2 Terms of office of additional members

The first appointments of the additional two members of each of said Boards shall be for terms so fixed that they shall expire at the end of an official year to be designated by the Board of Trustees no later than the fifth year following the appointment of each such member. The terms of office for such additional members shall be so fixed that the terms of office of no more than two members of each Board shall expire in any one year.  Subsequent to the expiration of the original appointment of each of the additional members to each such Board, succeeding members shall be appointed for full three-year terms.

5-3 Site development plan review and approval

A. Site development approval by Planning Board.

(1) Site development plan approval. Site plan approval as required prior to the issuance of:

(a) A building permit by the Building Inspector for any action covered by this section; and/or

(b) A certificate of occupancy, in the case of use conversion without additional construction, for any action covered by this section.

(2) Application submitted. The application for site plan review will be construed as having been submitted when all documentation, in proper form, has been received by the Planning Board and has been so determined by the Building Inspector.

(3) Hearings required.

(a) The application process includes a preliminary site plan hearing (referred to herein as an “exploratory hearing”) followed by a final site plan hearing (the “final hearing”). As is otherwise provided herein, certain proposed construction activities may require only one hearing, which shall be a final hearing.

(b) Posting. Not less than ten days prior to the date set for the public hearing before the Planning Board, the applicant is required to make notification of any public hearing for site plan review for all secondary actions by affixing at least one poster, of a size not less than three feet by four feet in size, and in such form as the Building and Housing Department shall specified at a height of not less than five feet in elevation, nor greater than 10 feet in elevation, on each street frontage upon the real property that is the subject of the application and not more than 10 feet from the curb line of such frontage.

(c) Poster requirements.

[1] All posters shall contain the following information:

[2] A brief explanation of the proposed site development plan.

[3] That a public hearing shall be held before the Planning Board on a specified date, and including the time and place of such hearing.

[4] The poster shall remain in place until the public hearing has been held and must be removed not later than seven days thereafter. The applicant or his agent shall verify that the poster is in place on the date of the hearing.

[5] The Building and Housing Department may require the applicant to use a poster supplied by the Building and Housing Department and may charge the applicant a reasonable fee therefore.

(d) Notice. The applicant shall be required to give at least ten day’s notice of the public hearing to the owners of property within 500 feet of the property under application, by certified mail with return receipt, sent to the last known address of the owners of such properties which appear in the last assessment roll filed in the Village Clerk’s office. The notice shall be substantially in conformity with the form of the notice which has been approved by the Planning Board, a copy of which will be provided by the Building and Housing Department. The applicant or his agent shall file the return receipts with the Planning Board at or before the time of the public hearing.

(4) Items covered. Site development plan approval by the Planning Board shall be required for secondary actions, the construction of one- and two-family homes and major actions.

(a) Secondary actions may require only an exploratory hearing. These actions include the following activities:

[1] The applicant seeks approval to rehabilitate or enlarge a one- or two-family dwelling unit or an accessory structure thereto.

[2] The applicant seeks approval to add no more than 500 square feet of nonresidential development floor space to an existing building.

[3] The applicant seeks approval to use, clear or perform earthworks on open land.

[4] The applicant seeks approval to change the use of a building or structure, the change of use covering a gross floor area of under 1,000 square feet.

(b) One- and two-family home construction requires only a final hearing.

(c) Major actions require both an exploratory hearing and a final hearing.

Major actions include all activities requiring a building permit or a certificate of occupancy not covered under Subsection A(4)(a) and (b) above.

B. Application procedure.

(1) Exploratory hearing. The applicant shall meet in person with the Planning Board at an exploratory hearing to give both the applicant and the Board an opportunity to gain a better perspective of the ramifications of the proposal. This hearing aims to give the Planning Board knowledge of the developer’s intent and to guide the applicant in preparing for a final hearing. It also enables the Planning Board to review State Environmental Quality Review Act final conformance. For secondary actions, this hearing may also serve to complete the site development plan review phase, exempting the applicant from further hearing requirements when the Board determines that:

(a) The secondary action will not have a negative impact upon neighborhood structures and values.

(b) The actions will not impact upon the need for additional services.

(c) The actions will not negatively affect environmentally fragile or sensitive areas or resources.

(2) Sketch plan and drawings. For the exploratory hearing, the applicant shall prepare a sketch plan, including:

(a) A certified survey showing the parcel(s) under consideration and all properties, subdivisions, streets and easements within 500 feet of the boundaries thereof, except that for secondary actions the survey need only show the existing parcel under consideration.

(b) General property features, including the location and dimensions of all buildings, parking areas, large trees, watercourses, wetlands and other permanent elements, drawn to scale.

(c) Existing zoning and special district boundaries and required zoning setback lines.

(d) A preliminary layout of proposed buildings, parking areas, landscaped areas, roads, utilities and other basic improvements, drawn to scale.

(e) Design plans and elevations, when applicable for secondary actions.

(f) A detailed sketch of the proposed earthwork or other use of property for open land or secondary actions.

(3) Final hearing. At least 15 working days in advance of the Planning Board meeting at which the site development plan is to be presented, the information below must be submitted as required to the Village Clerk’s office, in 10 copies, along with a letter of application. All maps submitted must be at a scale of not less than 30 feet to the inch. The information to be submitted will be certified as to its completeness and conformance to all applicable regulations by the Building Inspector. A complete site development plan submission for the construction of a one- or two-family dwelling unit shall include the following:

(a) An accurate survey, as per the requirement of Subsection B(2)(a).

(b) Floor plans and elevations.

(c) Site plan showing setbacks and the location of accessory buildings.

(d) Suffolk County Health Department approval stamped on the survey.

(e) A completed short-form environmental assessment form.

(4) Final hearing for major actions. A complete site development plan for a major action shall include all the following:

(a) Legal and location data:

[1] A location map showing the applicant’s entire property and adjacent properties and streets.

[2] The names of all owners of record of all adjacent properties and the lot, block and section number of the subject property, all as shown in the Village’s assessment maps and on a certified survey.

[3] Existing zoning and special district boundaries.

(b) Natural features and existing facilities:

[1] Existing topography, water bodies, streams, wetlands, trees and other prominent physical features.

[2] Existing site improvements, including walks, curbing, drains, culverts, retaining walls, fences and existing parking and loading areas.

[3] The location, architectural design and dimensions of all principal and accessory buildings and structures.

(c) Proposed development:

[1] The proposed location, use and architectural design and features of all buildings and structures, including, among other elements, the exterior building material, color, roof line and building elevations.

[2] The location and dimensions of proposed parking and truck loading areas, including access and egress thereto, with proposed grades.

[3] The location of outdoor storage, if any.

[4] A description of the method of sewage disposal and location of all facilities and structures.

[5] The location, size and design of all signs.

[6] The location of landscaped and buffer areas.

[7] The location, design and proposed hours of operation of all lighting structures.

(d) Other elements:

[1] The name and address of the engineer, architect, surveyor, planner and/or other professional engaged to work on the proposed project.

[2] A signature block for Planning Board endorsement or approval.

[3] Any other pertinent information required by the Planning

Board which is reasonably related to the health, safety and general welfare of the community, stipulated to the applicant at the exploratory hearing.

[4] Exceptions. Upon a finding of a majority plus two members of

the Planning Board at its exploratory hearing that, due to special conditions peculiar to the site or to the minor nature and impact of the proposal, certain of the information normally required as part of the site development plan review process is unnecessary, excessive, inappropriate or that strict compliance may cause unnecessary hardship, the Planning Board may vary or waive such requirements when found that such waiver or variance will not be detrimental to the public health, welfare, safety or general welfare.

C. Final hearing and action by Planning Board

(1) Final hearing and notice. The Planning Board shall schedule and conduct a final hearing on each final site development plan within 62 days from the date at which it was officially submitted. Public notice of such hearing shall be given by publication in the Village’s official newspaper at least five days prior to the date thereof.

(2) Notice to County Planning Board. At least 10 days before such hearing, the Planning Board shall mail notices thereof to the County Planning Board, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law. In the event a public hearing is not required, such proposed action shall be referred before final action is taken thereon.

(3) Planning Board decision. Within 62 days of the date of the final hearing, the Planning Board shall act to approve, approve with modifications or disapprove the proposed site development plan. A copy of the Board’s decision shall immediately be filed in the offices of the Village Clerk and the Building Inspector, and a copy thereof shall be mailed to the applicant.

(4) Final approval. Within 60 days of the date of approval, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modifications required by the Planning Board as a condition of its approval. The Planning Board may grant the applicant an additional sixty-day extension to provide the modifications required. Failure of the applicant to comply will require a new application for site development plan review. Upon verification by the Planning Board that the plan complies with the requirements of the Board’s approval, the plan shall be endorsed by the Planning Board Chairman and filed with the Building Inspector. Where the Planning Board finds that its required modifications were not included in the site development, the Board may either disapprove the plan or require further conformance by the applicant and may require an additional hearing.

D. Standards for site development plan approval. The following criteria and standards outlined below shall be used by the Planning Board in reviewing applications for site development plan approval. These guidelines are aimed at enhancing the physical, social and economic well-being of Village residents by ensuring that the proposed change will have a positive impact upon the Village and its environment.

(1) Ecological considerations. The development shall, to the best extent practicable:

(a) Result in minimal degradation of unique or irreplaceable land types and in minimal adverse impact upon the critical areas such as streams, wetlands, areas of aquifer recharge and discharge, highly erodible soils, areas with a high water table, mature stands of vegetation and extraordinary wildlife nesting, feeding or breeding grounds.

(b) Conform to existing geological and topographic features to the end that the most appropriate use of land is encouraged.

(2) The landscape shall be preserved in its natural state, insofar as practicable and environmentally desirable, by minimizing tree and soil removal. If development of the site necessitates the removal of established trees, special attention shall be given to the planting of replacements or to other landscape treatment. Any grade change shall be in keeping with the general appearance of neighboring developed areas.

(a) Landscaping must installed and maintained upon 20% of the site area, with a minimum of 10% along the street frontages.

(3) Relation of proposed structures to environment.

(a) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The achievement of such harmonious relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings. Proposed structures shall be so sited so as to minimize any adverse impact upon the surrounding area, and particularly upon any nearby residences, by reason of:

[1] Building location, height, bulk and shadows.

[2] Location, intensity, direction and times of use of outdoor lighting.

[3] Likelihood of nuisances.

[4] Other similar consideration.

(b) Appropriate natural or artificial screening may be required to minimize any such adverse impact.

(4) Scenic, historic, archaeological and landmark sites. Scenic, historical archaeological and landmark sites and features that are located on or adjacent to the proposed development shall be preserved and protected insofar as practicable. The reuse or renovation of any existing structure shall be accomplished in an architecturally sensitive manner.

(5) Surface water drainage. A proposed development shall be designed so as to provide for proper surface water management through a system of controlled drainage that, wherever practicable, preserves existing natural drainage patterns and wetlands and enhances groundwater recharge areas and protects other properties and existing natural and artificial drainage features from the adverse effects of flooding, erosion and the depositing of silt, gravel or stone.

(6) Driveway connections to public streets. All entrance and exit driveways to public streets shall be located with due consideration for traffic flow so as to afford maximum safety to traffic on the public streets. All such entrances and exits shall be located and designed to:

(a) Conform to local sight triangle requirements at corners.

(b) Achieve maximum practicable distance from street intersections and from existing and proposed access connections from adjacent properties.

(c) Minimize left-hand turns, other turning movements and backing movements.

(d) Discourage the routing of vehicular traffic to and through local residential streets.

(7) Traffic effects. The site development proposal generally shall minimize adverse traffic effects on the road networks serving the area in question.

(8) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks, shall be provided on the site and its approaches. The pedestrian circulation plan shall be designed to minimize adverse effects of vehicular traffic upon sidewalks and bicycle paths.

(9) On-site parking and circulation. The location, width and layout of interior drives shall be appropriate for the proposed interior circulation. The location and layout of accessory off-street parking and loading spaces shall provide for efficient circulation and the safety of pedestrians and vehicles.  Insofar as practicable, separate rows or aisles in parking areas shall be divided by trees, shrubbery and other landscaping devices. The location of parking areas shall not detract from the design of proposed buildings and structures or from the appearance of the existing neighboring buildings, structures and landscape. Provision shall be made for access by police, fire and emergency vehicles.

(10) Utility services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site.

(11) Disposal of wastes. There shall be adequate provision for the disposal of all solid, liquid and gaseous wastes and for the avoidance of odors and other pollutants that may be generated at the site. All applicable federal, state, county and local pollution control standards shall be observed.

(12) Noise. All applicable federal, state and local regulations dealing with the control of outside noise which is expected to be generated at the site shall be complied with.

(13) Advertising features. The size, location, height, design, color, texture, lighting and materials of permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures or of the surrounding properties. Outdoor lighting shall be so arranged as to preclude the diffusion of glare onto adjoining properties.

(14) Special features. Outside storage areas, service and machinery and structures, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent any adverse effect on the environment or nearby property.

(15) Architectural design. All proposed buildings shall be of such character in terms of scale, mass, roofing, color and materials so as to harmonize and be compatible with the neighborhood and should help enhance the block or district in which located.

(16) Specific zone requirements. The site plan shall conform to specific standards and policies incorporated in other sections of this chapter relating to individual zoning districts.

E. Performance bond. The applicant will be required to post performance bonds pursuant to the applicable provisions of Village law and in accordance with Section 5A of the Land Subdivision Regulations in sufficient amounts and duration as recommended by the Building Inspector to assure that all streets and other public places shown on the site development plan shall be suitably graded and paved and that street signs, sidewalks, street lighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, sanitary sewers and storm drains shall be installed in accordance with standards, specifications and procedures acceptable to the Board of Trustees.

F. Expiration. A site plan shall be void if construction is not started within one year and completed within two years of the date of the issuance of a building permit or a building permit is not obtained within one year from the date that said site plan is approved, except that such site plan approval may be renewed by the Planning Board, subject to any special conditions, new requirements and scheduling standards deemed necessary and caused by the delay.

G. Fees.

(1) The filing fee for each application for site development approval or renewal of the following shall be as set from time to time by resolution of the Board of Trustees:

Editor’s Note: The current Fee Schedule is on file in the office of the Village Clerk.

(a) One- or two-family dwelling.

(b) Three- to ten-family-unit dwelling.

(c) Eleven-family dwelling units or more.

(d) Accessory structure located in a residential district.

(e) Any addition to a principal structure located in a residential district.

(f) Commercial application for conversion to Planning Board.

(g) Change-of-use applications.

(h) Commercial site plans.

(2) The applicant shall pay an inspection fee as shall be set from time to time by resolution of the Board of Trustees of the cost of all on-site improvements as estimated by the Building Inspector or Superintendent of Public Works. The term “on-site improvements” shall include but not be limited to the installation of drainage facilities, the paving of the parking field and the installation of any curbs or sidewalks. This fee is in addition to performance bond requirements.

Editor’s Note: The current Fee Schedule is on file in the office of the Village Clerk.

H. Site improvements. In addition to the requirements for site plan approval by the Planning Board as set forth in this chapter, the following site improvements shall be set forth on a site plan submitted to and approved by the Board of Trustees, and such site improvements shall at all times be maintained:

(1) All exterior lighting shall be shielded so that the source of light is not visible from any point off the property.

(2) Drainage of storm water shall be provided for on the site, and the site development plan shall indicate facilities provided for this purpose.

(3) The plot shall be provided with curbs, and there shall be no more than two curb cuts on any road frontage.

(4) Planting strips of a minimum of 25′ containing evergreens, shrubs or hedges and a 6′ high fence shall be installed and maintained adjacent to any lot line which abuts residentially zoned property.

(5) No flashing, intermittent or revolving signs, or flags, pennants and banners, shall be permitted, and all other signs shall comply with this chapter, except that no more than one sign advertising petroleum products may be maintained for each road frontage and each such sign shall not exceed the dimensions permitted by the provisions of this chapter.

(6) A trash container of a size and type approved by the Building Inspector shall be provided and shall be securely fastened down in a manner and at places on the premises approved by the Building Inspector. Trash container shall be concealed behind an opaque enclosure and screened by landscaping from the surrounding area.

(7) Traffic controls consisting of curbs, signs and/or lights, or any other method of parking and traffic controls necessary, shall be provided and maintained according to the plans submitted and approved by the Board of Trustees.

I. Site development plan approval and zoning changes.

(1) Zoning amendments. In every case in which application is made to the Board of Trustees for any amendment in this chapter, of the Zoning Map or for a special permit, a sketch plan and drawings [See Subsection B(2) above] shall accompany the application.  Said application and plan shall first be referred to the Planning Board, which shall proceed in accordance with the requirements of this code, Referral to and procedure before Planning Board, and in accordance with this section. The Planning Board will hold an exploratory hearing as outlined in Subsection B above. In making a determination on the suitability of the petition and plan, the Planning Board should be guided by sound planning principles.

(2) Board approval. Should the Board of Trustees approve the zoning application following Planning Board review, it shall refer the application to the Planning Board for a final hearing as outlined in this section.

(3) Final review. The Planning Board, following its site plan review, will forward a copy of its approved site development plan to the Board of Trustees and, no less than 15 days after, will authorize the Building Inspector to issue a building permit in accordance with said site development plan.

J. The Planning Board shall adopt such rules as it deems necessary to exercise its power relating to site plans.

K. The requirements of Article X, where applicable, shall be satisfied before site plan approval may be granted by the Planning Board.

L. A storm water pollution prevention plan consistent with the requirements of this Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 430, Storm water Control, of this chapter.

5-4 Exceptions to site plan review

Notwithstanding the requirements of § Article V, site plan review shall not be required of the following structures which, nevertheless, shall require a permit from the Building Inspector and which shall comply with all building, construction and zoning laws affecting same:

A. Swimming pools.

B. Decks which are located on a parcel whose principal use is one- or two-family residential and which have an elevation which does not exceed four feet above any grade over which they are placed.

ARTICLE VI  ZONING BOARD OF APPEALS

6-1 Members

The Zoning Board of Appeals shall consist of five members appointed by the Board of Trustees pursuant to the Village Law.

1. Alternate Members

a. The Board of the Trustees of the Village of Mastic Beach hereby creates the position of Alternate Member of the Zoning Board of Appeals pursuant to

Section 7-712(11) of the Village Law of the State of New York There shall be up to three Alternate members at any time.

b. An Alternate Member shall serve pursuant to Section 7-712(11) of the Village Law of the State of New York and the Zoning Code of the Village of Mastic Beach.

c. An Alternate Member shall be appointed by the Mayor subject to approval of the Board of Trustees, and must meet all the requirements of and serve according to the Village Code of the Village of Mastic Beach. ..

d. The Chairman of the Zoning Board of Appeals may request from 1 up to 3 Alternate Members for any particular case.

e. The term of any Alternate Member shall be until the first date of the official year of the Village of Mastic Beach.

f. In the event that an Alternate Member is appointed to replace the Chairman of the Zoning Board of Appeals on any case, the Board of Trustees will appoint one of the Members or Alternate Members as the Chairman of the Zoning Board of Appeals for that particular case.

6-2 Fees for appeal or application to Board

Editor’s Note: The current Fee Schedule is on file in the office of the Village Clerk.

1. The fees for each appeal or application for permit, including signs, in all

districts, if the real property is not within a distance of 500 feet from the boundary of any town or from the boundary of any existing or proposed county or state park or other recreation area or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated shall be as set from time to time by resolution of the Board of Trustees. The fees for each appeal or application for permit, including signs, in all districts, if the real property is within such distance of 500 feet, shall be as set from time to time by resolution of the Board of Trustees.

2. The fees for each application for a certificate of existing use shall be as set from time to time by resolution of the Board of Trustees.

3. The fee for a special permit shall be as set from time to time by resolution of the Board of Trustees.

4. The fee for the renewal of a special permit shall be as set from time to time by resolution of the Board of Trustees.

5. Validation of nonconforming residential use, additional fee: as set from time to time by resolution of the Board of Trustees.

6. Validation of nonconforming commercial or industrial use, additional fee: as set from time to time by resolution of the Board of Trustees.

6-3 Powers and duties

1. The Board of Appeals shall make rules, consistent with state law, for the conduct of its meetings and for the consideration of all matters brought before it.

2. Interpretative law. The Board of Appeals in a specific case, after public notice and hearing, shall decide any questions or dispute as to the meaning or intent of any word, phrase, provision, requirement or regulation contained in chapter, whether brought before it by any Village officer, official or by any interested person.

3. Board of Appeals decisions. Every decision of the Board of Appeals shall be by resolution recorded in the minutes of the Board. The decision shall be signed by the Chairman and Secretary of the Board and shall constitute a public record.

6-4 Public hearing; notice of hearing

1.  Upon the filing with the Board of Appeals of an appeal or of an application for special exception or permit, the Board of Appeals shall fix a time and place for a public hearing thereon and shall give notice thereof by publishing same in a newspaper of general circulation in the Village which shall have been designated by the Board of Trustees for such purpose.

2.  The applicant shall be required to give at least ten days’ notice of the public hearing to the owners of property within 500 feet of the property under consideration in the application, by certified mail with return receipt, sent to the last known address of the said owner as appears in the last assessment roll filed in the Village Clerk’s office. The notice shall state the time and the place of the public hearing and the nature of the subject of the hearing. The form of said notice shall be substantially in conformance with a form made up and approved by the Zoning Board of Appeals and filed with the Village Clerk’s office. The applicant shall file the return receipts with the Board at the time of the public hearing.

3.  Notice to adjacent municipalities. When a hearing is held by the Board of Trustees, Planning Board or Zoning Board of Appeals relating to site plan review and approval or the issuance of a proposed special use permit or the granting of a use variance on property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Board shall give notice to the adjacent municipality by mail or electronic transmission to the Clerk of the adjacent municipality at least 10 days prior to any such hearing. Such adjacent municipality may appear and be heard.

6-5 Variances; special exceptions and permits

A.  The Board of Appeals shall hear and decide appeals from any order, requirement, decision or determination made by the Building Inspector or other official charged with the enforcement of this local law. Upon such appeal and subject to such terms and conditions as it may fix in specific cases, the Board may vary or modify the application of any provision of this local law relating to the use, construction or alteration of buildings or structures or the use of land where it finds that, owing to exceptional and unusual circumstances, there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this local law.

1. Findings for issuing use variance. A variance shall only be granted if the Board finds that:

(a) The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of such local law, shall have the power to grant use variances, as defined herein.

(b) No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:

[1] The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

[2] That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;

[3] That the requested use variance, if granted, will not alter the essential character of’ the neighborhood; and

[4] That the alleged hardship has not been self-created.

(c) The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(d) “Use variance” shall mean the authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

(2) Area variances.

(a) The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such local law, to grant area variances as defined herein.

(b) In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:

[1] Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;

[2] Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

[3] Whether the requested area variance is substantial;

[4] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

[5] Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.

(c) The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(d) “Area variance” shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is otherwise not allowed by the dimensional or physical requirements of applicable zoning regulations.

2. Safeguards. In all cases where the Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of such Board to attach such conditions and safeguards as it deems appropriate in order that the result of its action may be as nearly as possible in accordance with the spirit and intent of this chapter and the zoning district in which the property is located.

3. Special exceptions and permits. Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permissive use and its location within the district in which this local law specifies the permissive use may be located. In approving such uses, the Board of Appeals shall determine:

(a) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts.

(b) That the use will not prevent the orderly and reasonable use of permitted or legally established use in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts.

(c) That the safety, the health, the welfare, the comfort, the convenience or the order of the Village will not be adversely affected by the proposed use and its location.

(d) That the use will be in harmony with and promote the general purpose and intent of this chapter.

(e) Considerations. The Board shall consider the following elements:

(1) The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any such permissive uses.

(2) The conservation of property values and the encouragement of the most appropriate uses of land.

(3) The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways.

(4) The availability of adequate and proper public or private facilities for treatment, removal or discharge of sewage, refuse or other effluent, whether liquid, solid, gaseous or otherwise, that may be caused or created by or as a result of the use.

(5) Whether the use or materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot.

(6) Whether the use will cause disturbing emissions or electrical discharges, dust, light, vibration or noise.

(7) Whether the operations in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Village or by other competent government agency.

(8) Whether there is need for bituminous-surfaced space for the purpose of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be had.

(9) Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason or as a result of the use, or by the structures to be used therefore or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot.

(10) Whether the use or the structures to be used therefore will cause an overcrowding of land or undue concentration of population.

(11) Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.

(12) Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly.

(13) With respect to boat storage in boat racks, in addition to the foregoing, the proximity of such racks to other structures and to residential dwellings, the availability of on-site parking, the degree of site utilization, the consequences for fire safety and access in other emergencies, the potential for overcrowding on waterways, the aesthetic impact on the surrounding area and the structural integrity of the racks in the face of natural elements.

(4) Safeguards. The Board of Appeals shall, in authorizing such uses, impose such conditions or safeguards as are required by this chapter or, in the absence thereof, those conditions or safeguards it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter by limiting usage to a specified time period and/or by imposing restrictive covenants required to run with the land.

(5) Expiration of permit. If, for any reason whatsoever, the practice of the use or user authorized in any special permit shall fall into disuse or cease for more than 12 months, the permit shall expire, and such use or uses may thereafter be restored or resumed only upon the granting by the Board of Appeals of a new special permit thereof.

(6) Revocation of permit. Where a special permit use is in violation of this chapter, the Building Inspector shall issue notice for such violation to be corrected.  Should the use continue in violation, following due notice and public hearing, the Board of Appeals is hereby authorized to revoke the special permit and to cause the use to terminate. Prior to causing such revocation, the Board of Appeals shall inform the permit recipient of the alleged grounds for the revocation and shall provide a realistic timetable for conformance prior to the imposed termination.

B. Amendments or cancellation of covenants. The Board of Appeals may, from time to time, on its own motion or upon application, amend or cancel any covenant imposed on any real property in connection with any determination made by said Board of Appeals.

(1) Application. An application for such relief shall be made by petition to the

Board of Appeals and shall state the following:

(a) The name and address of the petitioner.

(b) A true copy of the declaration of covenants to which the petition is addressed, which copy shall include the liber and page and date upon which the declaration was recorded with the Suffolk County Clerk. It shall further include the full legal description annexed to said declaration.

(c) The relief requested.

(d) The applicant’s reasons for the petition.

(2) Notice of the public hearing, upon such application, shall be given in the same manner as required by this Code.

(3) Submission. The following shall be submitted and filed with the Village Clerk:

(a) Original and nine copies of the petition.

(b) Ten copies of a diagram, drawn to scale, showing the dimension of the property described in the petition.

(c) A copy of the notice of public hearing.

(d) A list containing the names and addresses of the real property owners to whom notices were sent.

(e) An affidavit of the timely mailing of said notice of public hearing.

(f) All return receipts.

(g) A fee in an amount as set from time to time by resolution of the Board of Trustees.

Editor’s Note: The current Fee Schedule is on file in the office of the Village Clerk.

C. Nonconforming lots. When an applicant is denied a building permit because the applicant’s lot does not conform to the minimum area requirements of the district in which the lot is located, the Building Inspector shall advise such applicant to seek relief from the Board of Appeals.

(1) Nonconforming setbacks. When the use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable district setback requirements cannot reasonably be complied with, the Building Inspector shall advise such applicant to seek relief from the Board of Appeals.

(a) The property cannot reasonably be developed for the use proposed without such deviations.

(b) These deviations are necessitated by the size or shape of the nonconforming lot.

(c) The property can be developed as proposed without undue impact upon neighboring properties.

(d) The property in question was never part of a conforming lot which was subsequently divided without the permission of the Planning Board.

(e) The proposed use has been approved, where required, by the Suffolk County Health Department.

(2) Conditions. The Board of Appeals may establish reasonable conditions for the development of nonconforming lots keeping within the intent and framework of this local law. The Board shall require that the character of all buildings and their location be in harmony with their surrounding environment. To the extent necessary, the Board may impose necessary guidelines to limit impact upon adjoining buildings and uses. The Board may also seek the opinion of the Planning Board where broad development policies may be affected.

6-6 Powers relating to nonconforming uses

When in its judgment the public convenience and welfare and justice will be substantially served, and provided that the legally established or permitted use of neighboring property and adjacent use districts will not be substantially or permanently injured, the Board of Appeals may, after public notice and hearing and subject to appropriate conditions and safeguards as outlined, authorize the granting of a permit to extend a nonconforming use:

A. Where a district boundary line divides a lot which is proved to the satisfaction of the Board of Appeals to have been in single and separate ownership at the effective date of this chapter, and the total area of which lot has not been diminished or increased since such date, the less restricted use may be adjusted to extend to the whole or any part of such lot but not more than 50 feet beyond the boundary line of the use district in which said lot is located.

6-7 Expiration of grant of variance, permit or special exception

A. Any grant of a variance, permit or special exception pursuant to this chapter shall lapse and expire one year after the date of such grant, unless the improvement, construction or alteration for which such grant has been made shall have been substantially commenced prior to the expiration of said one-year period.

B. Whenever the Board of Appeals as a condition for the granting of an appeal or an application for a permit requires a restrictive covenant to be imposed upon the subject property, such restrictive covenant must be filed in the office of the Village Clerk not later than 60 days from the date of such grant, except that the Board of Appeals may extend the time for filing a restrictive covenant upon good cause, upon written application. Failure to file said restrictive covenant with the Village Clerk within the stipulated period of time shall render such grant ineffective and null and void.

ARTICLE VII  AMENDMENTS OF ZONING ORDINANCE OR MAP

7-1 Powers of Board of Trustees

The Board of Trustees, upon its own motion, on recommendation of the Planning Board or by petition, may, from time to time, amend, supplement, change, modify or repeal this chapter, including the Zoning Map, by proceeding in accordance to the applicable provisions of the Village Law.

7-2 Fees for amendments

For each proposed amendment of the zoning provisions of the Village Code or the Zoning Map, on petition to the Board of Trustees, the following filing fee shall accompany the petition when presented to the Village Clerk, and each of said fees shall be inclusive of the fees required for proceedings before the Planning Board:

1. A sum as set from time to time by resolution of the Board of Trustees if the real property is not within a distance of 500 feet from the boundary of any town or from the boundary of any existing or proposed county or state park or other recreation area or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines or from the existing or proposed boundary of any county or state-owned land on which a public building or institution is situated.

Editor’s Note: The current Fee Schedule is on file in the office of the Village Clerk.

7-3 Petition and notice required

1. The petition shall contain:

(a) The name and address of the petitioner. If the petitioner is other than the owner, the duly acknowledged consent of the owner shall be attached to and made a part of the petition.

(b) A description of the property by metes and bounds.

(c) A statement as to the existing zoning of the property and to what zone it is proposed the property be changed.

(d) A general description of neighboring properties.

(e) A statement as to the use proposed for the property.

(f) A statement as to whether the property is within 500 (200) feet of the town line, a state park or state parkway.

2. The site plan shall be attached to and made a part of the petition, and if any structure is proposed to be built on the property, such proposed structure shall be accurately located on the site plan.

3. There shall be nine copies of the petition, each accompanied by a site plan, filed along with the original, which shall be verified by the petitioner, together with 10 copies of a diagram, drawn to scale, prepared by a registered professional engineer or a registered land surveyor, showing by courses and distances the property which is the subject of the application and all of the properties within 500 (200) feet of the perimeter line of said property, and showing, to scale, all structures within the area indicating the use, and showing the current zoning of all areas depicted and showing the distance and direction from the nearest intersecting street. All such diagrams shall contain the following certification:

“I do hereby certify that the area map accurately described the uses of the property surrounding the subject premises as of (date) Signature”

4. At the time of the filing of the petition, the applicant shall submit proof by affidavit that within the 30 days immediately preceding the filing of the petition, the applicant has mailed notices by either certified or registered mail, return receipt requested, to the owner of every parcel of real estate within a distance of 500 (200) feet from the perimeter of the property which is the subject of the application, indicating the description of the subject property by metes and bounds or section, lot and block and the street address of the property, together with a statement of the relief being requested. The names and addresses of all persons to whom notices were mailed shall be included in such affidavit.

5. The notice referred to in Subsection 4 above shall also include a statement that all persons interested in the application shall be notified of the date fixed for a public hearing before the Board of Trustees, provided that they timely file a written request for such notice with the Village Clerk.

6. After the applicant has been notified of the date upon which the public hearing will be held before the Board of Trustees, and at least 10 days prior to that hearing date, the applicant shall post at least three identical posters not less than eight by 11 inches in size along the entire length of each street frontage of the subject property. Such posters must be placed not more than 200 feet apart along the street line of the property. Each poster shall state the date, time and place at which the public hearing before the Board of Trustees will be held, the description of the property by either metes and bounds or section, lot and block, together with the street address thereof and a synopsis of the relief being requested from the Board of Trustees. The applicant shall file an affidavit of such posting, together with a sample copy of said poster, with the Village Clerk no later than the commencement of the public hearing.

G. Those persons to whom notice shall be required hereunder shall be the owners of property within a five-hundred-foot radius of the perimeter of the subject premises as such owners are shown upon the records of the Assessor of the Village of Mastic Beach at the time of the filing of the petition. In the event that the petitioner owns or has an interest in property contiguous to the property which is the subject of the application, such distance shall be measured from the perimeter of such contiguous property.

H. The Village Clerk shall cause notice to be given to any and all persons requesting same as set forth above. Although he shall not be obliged to give any such notice to any person other than those property owners within the five-hundred-foot radius of the perimeter of the subject premises, he may, nevertheless, send such notice to any persons requesting same.

7-4 Referral to and procedure before Planning Board

Prior to the holding of any public hearing by the Board of Trustees in connection with any petition or application made to such Board pursuant to or subject to the provisions of this article, such petition shall first be referred to the Planning Board, which shall proceed as follows:

1. As soon as possible after the referral of said petition to the Planning Board, said Board shall hold a public hearing.

2. Notice of such public hearing shall be published in at least one official newspaper in the Village of Mastic Beach at least ten days prior to said hearing.

3. Upon such public hearing, the applicant or his representative shall appear to be questioned by the Board and any other interested parties. All interested parties shall be permitted reasonable opportunity to make statements to the Board in connection with the application or to offer testimony or other evidence in connection therewith.

4. As soon as possible after the conclusion of said public hearing, the Planning

Board shall issue to the Board of Trustees a written report recommending either the approval or the denial of the petition and setting forth, in detail, recommendations for the approval of modification of the proposed site plan submitted.

7-5 Restrictive covenants

Whenever the Board of Trustees, as a condition for the granting of an application for change of use district classification, requires a restrictive covenant to be imposed upon the subject property, such restrictive covenant must be filed in the office of the Village Clerk not later than 90 days from the date the applicant was notified of the granting of the change in use district classification by the Village Clerk, except that the Board of Trustees may extend the time for filing a restrictive covenant upon good cause, upon written application. Failure to file said restrictive covenant with the Village Clerk within the stipulated period of time shall render the granting of the change ineffective and null and void.

7-6 Amendment or cancellation of restrictive covenants

1. The Board of Trustees may, from time to time, on its own motion or on application, amend or cancel any covenant imposed on any real property in connection with any determination made by said Board of Trustees.

2. An application for such relief shall be made by petition to the Board of Trustees and shall state the following:

(a) The name and address of the petitioner.

(b) A true copy of the declaration of covenants, to which the petition is addressed, which copy shall include the liber and page and date upon which the declaration was recorded with the Suffolk County Clerk. It shall further include the full legal description annexed to said declaration.

(c) The relief requested.

(d) The applicant’s reasons for the petition.

2. The Board of Trustees shall fix the time and place of the public hearing thereon and shall give notice thereof by publishing the same in a newspaper of general circulation in the Village which shall have been designated by the Board of Trustees for such purpose.

3. At least 10 days prior to said public hearing, the applicant shall mail notice thereof by certified mail, return receipt requested, to the owner of every parcel of real property within a five-hundred-foot radius of the perimeter of the subject premises as such owners are shown upon the last assessment roll filed in the Village Clerk’s office. In the event that the applicant owns or has an interest in property contiguous to the property which is the subject of the application, such distance shall be measured from the perimeter of such contiguous property.

4. The following shall be submitted and filed with the Village Clerk:

(a) Original and nine copies of the petition.

(b) Ten copies of a diagram, drawn to scale showing the dimensions of the property described in the petition.

(c) A copy of the notice of public hearing.

(d) A list containing the names and addresses of the real property owners to whom notices were sent.

(e) An affidavit of the timely mailing of said notice of public hearing.

(f) All return receipts.

(g) A fee in an amount as set from time to time by resolution of the Board of Trustees.

Editor’s Note: The current Fee Schedule is on file in the office of the Village Clerk.

ARTICLE VIII  HISTORIC LANDMARK PRESERVATION [Ernie: strike “and Architectural Review”  (no architectural review board)

8-1 Purpose

The Board of Trustees (hereinafter referred to as the Board of Trustees and Planning Board) find that the lack of uniformity, dissimilarity, inappropriateness or poor quality of design and location of buildings and appurtenant structures, including facades, exterior lighting and signs, adversely affect the desirability of the immediate and neighboring areas and, thereby, impair the benefits of occupancy of existing property and the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas and destroys the proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefore. It is the intent of this article to establish procedures and design criteria necessary to avoid such results and to preserve and enhance the character, historical interest, beauty and general welfare of the Village and to ensure that the location and design of buildings, signs, other structures and open spaces in the Village shall aid in creating a balanced and harmonious composition of the whole as well as in the relationship of its several parts.

8-2 Structure and responsibilities of The Board of Trustees and Planning Board

[Ernie:  strike para. A in its entirety]  A. A Board of Historic Preservation and Architectural Review (hereinafter the “Board”) is hereby established, consisting of five members to be nominated by the Mayor with the approval of the Board of Trustees. The first appointments thereto shall be for terms so fixed so that one shall expire at the end of the current official year, two shall expire at the end of the next succeeding official year and the remaining two shall expire at the end of the following succeeding official year.  Except as provided for, appointments shall be for a three-year term.  The Village Historian shall be an ex-officio member of the Board. All members shall be residents of the Village. The Board shall appoint an Architectural Review Board alternate for a one-year term.

B. Severability.

The various parts, sections and clauses of this article are hereby declared to be severable.  If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the article shall not be affected thereby.

C . The Board of Trustees may remove any member, for cause, after a duly noticed public hearing.

D . If a vacancy shall occur, other than by expiration of a member’s term, it shall be filled by an interim appointment for the remainder of the former member’s unexpired term.  [Ernie:  strike this para.]

E . The Mayor shall designate a Chairperson of the Board, subject to the approval of the Board of Trustees. Such designation shall be for one official year of the Village and shall expire at the end of each official year. The Board shall designate a Vice Chairman and a Secretary.  [Ernie:  strike this para.]

F . The Board shall adopt rules of procedure as it may deem necessary to the proper exercise of its responsibilities with regard to architectural review and historic preservation.  [Ernie:  strike this para.]

G . All meetings of the Board shall be open to the public.  [Ernie:  strike this para.]

H . Every decision of the Board shall be by resolution and shall set forth findings upon which the Board based its determination. A quorum shall consist of three members and a vote by a majority of the members present shall be required for any determination.

I . The Board of Trustees may designate a licensed architect to advise the Board. The Board of Trustees may authorize other professional consultants, secretaries, clerks or such other personnel as may be necessary to assist the Board in carrying out its duties and powers. The Board of Trustees shall fix the compensation thereof and pay other expenses of the Board.

J . The Board is charged with the duty of maintaining the desirable character of the Village and shall review proposed construction, demolition, reconstruction and alterations of buildings, structures or signs.  [Ernie:  strike this para.]

K . The Board is charged with the duty of exercising sound judgment in the review of plans and designs to ensure the finished structure is in character with respect to the proposed style, materials, scale, form, proportion, line, color, detail and placement upon the property with existing structures and property.  [Ernie:  strike this para.]

L . In addition to the foregoing duties, the Board of Trustees and Planning “Board” shall have the power to:

(1) Conduct surveys to determine the historic value and architectural significance

to the community of structures over 75 (100) years of age.

(2) Formulate recommendations concerning the preparation of maps, brochures and historical markers for sites and structures with historic or architectural value.

(3) Advise the Board of Trustees, Planning Board and other municipal agencies in matters involving historic or architectural sites or structures.  [Ernie:  strike this para.]

(4) Make recommendations to the Board of Trustees for amendments to the

Zoning Map with respect to the boundaries of the Historic District.  [Ernie:  strike this para.  Very wrong!]

(5) Approve or disapprove the plans and/or specifications for any improvements, alterations and the selection of materials for any business, storefront or commercial building facade.

(6) Approve or disapprove the plans and/or specifications for any improvements, alterations and the selection of materials for the exterior of any dwellings that were built before 1930 (1919).

(7) Approve or disapprove the plans for any exterior signs, exterior illumination or lighting devices, for signs, facade improvements, alterations, or additions to facades, including the selection of materials and awnings, and any window sign placed within four feet of an exterior window.

(8)Approve or disapprove the design or concept for any mural to be painted upon

a structure of any type if such mural is of a commercial nature or contains the name of a business entity.

M . The Board of Trustees and Planning Board is charged with the duty of maintaining (remove: the desirable character of the Historic District) and of designating historic and cultural landmarks with the recommendations of the Village Historian. When reviewing plans relating to property in the Historic District and plans relating to a designated historic and cultural landmark, the Board shall utilize and be guided by the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as well as the provisions of Article XV of this Code.  [to be inserted: including architecture and use of adjoining structures within 200’ of a designated Historic Landmark.]

8-3 Review procedures

A. Application for certificate of appropriateness.

(1) Prior to the commencement of activity requiring a certificate of appropriateness, the owner of the property or the owner’s duly authorized agent shall file an application for such certificate with the Building Inspector, who shall make an initial determination as to whether the activity falls within § 435-92 of this article and, if the activity does not, the Building Inspector shall forward the application to the Board of Historic Preservation and Architectural Review.

(2) An application for a certificate of appropriateness shall contain:

(a) The name, address and telephone number of the owner and the applicant and, if the applicant is not the owner of the property, the owner’s written authorization to the applicant to make the application for a certificate of appropriateness.

(b)The location, Tax Map designation, number and photographs not less than four inches by six inches of the property, clearly indicating all public views.

(c) Upon request of the Board, elevation drawings showing existing conditions and proposed changes, including relationship to adjacent properties, if necessary in the Board’s view.

(d) Upon request of the Board, perspective drawings, including relationship to adjacent properties, if necessary in the Board’s view.

(e) Upon request of the Board, samples of color or materials to be used.

(f) Upon request of the Board, where the proposal includes signs or lettering, a drawing to scale showing the type of lettering, dimensions, colors, a description of materials, method of illumination, method of attachment to the property and a plan showing the sign’s location on the property.

(g) Upon request of the Board, documentation of cultural remains and architectural details and features of the subject property.

(h) Any other information which the Board may deem necessary in order to determine the appropriateness of the proposed changes.

B. For projects requiring a certificate of appropriateness, a building permit shall not be issued for work until a certificate has been issued.

C. A person intending to engage in activity that does not require a building permit shall not commence such activity without a certificate of appropriateness.

D. Meetings of the Board of Trustees shall be held at such times as the Board of Trustees may determine. When necessary, special meetings of the Board shall be held at the request of the Building Inspector or at the call of the Chairperson.

E. Within 62 days from the receipt of a completed application, the Board shall render a determination thereon. The Board may approve an application with conditions. The Board may hold a public hearing on an application to obtain information from the applicant and the general public to aid in making its determination. The Board shall make its decision as to whether or not to hold a public hearing within 35 days of receipt of a completed application. Notice of such public hearing shall be published in a newspaper of general circulation in the Village at least 10 days prior to the date of the public hearing.

The public hearing shall take place no later than 60 days after receipt of a completed application. Upon consent of the applicant, the aforesaid time periods may be extended.  [Ernie notes this para. Is abusive.]

F. Determinations of the Board of Trustees and Planning “Board” shall be in writing and shall state the findings upon which the determination is based. The Board’s determination shall be filed with the Village Clerk and a copy shall be sent to the applicant by regular mail.

G. Except as provided in § 530-??, where an application for a building permit involves only interior renovations, referral of such application to the Board shall not be required, and approval of such application by the Board shall not be required.

8-4 Designation of Landmarks

A. The Board shall make a study of the structures existing and situated in the Village to identify, conserve, protect, enhance and perpetuate those structures within the Village which, by reason of their particular or distinctive architectural style, general design, historic association or historic or architectural and historic heritage, shall recommend such structures to be designated as landmarks. Upon receipt by the Board of Trustees of any such recommendation from the Board of Historic Preservation and Architectural Review, the Board will schedule and conduct a public hearing, at which any interested party or citizens shall have an opportunity to be heard with respect to the proposed designation of any structures as a landmark.

B. A written notice of any proposed designation of a structure as a landmark under this section shall be given by first class mail by placing notice in the postage-paid envelope to the owner of record therefore at least 15 days prior to the date of the public hearing called for by this section.

C. In the event that the Board of Trustees shall adopt the proposed designation of a structure as a landmark, such designation shall be entered in the minutes of the Board of Trustees, and a copy thereof shall be published once in the official newspaper, and a copy of such designation shall be posted conspicuously at or near the entrance to the office of the Village Clerk. Affidavits of the publication and the posting thereof shall be filed with the Village Clerk. Such designation shall take effect 10 days after such publication and posting a copy or other notation of the designation shall be made in the Building and Housing Department file. Any subsequent certificate of zoning compliance, certificate of occupancy or the equivalent shall contain a notation of the designation and the statement of the landmark status.

D. The following structures and properties are designated historic and cultural landmarks:

E.  The Historic Landmark  [strike:  “District”] may be any property located within the Village.

F.  No person shall carry out any exterior alteration, restoration, construction, reconstruction, demolition or moving of a structure or land of historic or historic trees or plantings upon property within a historic landmark, nor shall any person make any material change in appearance and cohesiveness of the historic landmark, without first obtaining a certificate of appropriateness from the Village or Planning “Board.” [Ernie strike:  of Historic Preservation and Architectural Review.’]

8-5 Demolition or Removal

A. A permit pursuant to the Code of the Village of Mastic Beach to demolish or remove a structure [strike:  “located within the” designated a Historic Landmark shall not be issued without the applicant first obtaining a certificate of appropriateness.

B. In considering an application seeking demolition, the Board shall consider the historical and architectural value and significance of the building or structure and whether the demolition or removal will cause a substantial deviation from the purpose and intent of this chapter and the Board shall consider and be guided by the criteria and standards referred to herein.

8-6 Criteria for Approval of Certificate of Appropriateness

A. In determining whether to approve or disapprove an application for a certificate of appropriateness, the Board shall not consider changes to interior spaces.

B. The Board's decision to approve or to disapprove shall be based upon the following principles:

(1) Features which make a significant contribution to the character of a landmark [Ernie:  strike:    or the Historic District] shall be altered as little as possible.

(2) Alterations of an existing feature or property shall be compatible with its historic character of the structure, as well as with the character of nearby properties so as to not diminish the value of any adjacent or nearby property.

(3) New construction shall be compatible with the character of nearby properties

in and around the Historic Landmark [strike District] and shall not diminish the value of any adjacent or nearby property.

(4) Alterations and new construction shall not significantly diminish the value of any adjacent or nearby property.

C. In applying the principle of compatibility, the Board shall consider the following factors:

(1) The general design, character and appropriateness to the property of the proposed alterations or new construction.

(2) The scale of the proposed alteration or new construction to the property itself and the surrounding properties and neighborhood.

(3) Texture, materials and color and their relation to similar features of other properties in the neighborhood.

(4) Visual compatibility with surrounding properties, including proportion of the property’s front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the spacing of properties on streets, including setback.

(5) The importance of features or property to be changed to the historic, architectural, cultural or other significance of such feature or property.

8-7 Enforcement

Work performed pursuant to a certificate of appropriateness shall conform to the requirements set forth therein. It shall be the duty of the Building Inspector to inspect periodically any such work to assure compliance.

8-8 Maintenance and Repair Required

A. Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any feature of a landmark [strike;  or property within a Historic District which] does not involve a change in design, material, color or outward appearance.

B. No owner or person with an interest in real property designated as a landmark [strike:  or included within a Historic District] shall permit the property to fall into a state of disrepair so as to cause, in the judgment of the Board, a detrimental effect upon the character of the landmark [strike:  or Historic District.]

C. Upon the Board’s finding that a property either designated as a landmark [strike:  or within the Historic District] has fallen into a state of disrepair so as to cause, in the judgment of the Board, a detrimental effect upon the character of the landmark [strike:  or Historic District] then the Board may direct remedial steps be taken. If no remedial action is taken by the record owner following 20 days’ notice to said owner by certified mail return receipt and regular mail, the Board may take such steps including a request to the Board of Trustees to hire and direct the performance of such repairs or maintenance as may be immediately necessary. The cost of such material for repairs shall be a lien against the property and shall be payable accordingly. No hardship application or appeal to the Board of Appeals shall lie form any direction to maintain a cure or state of disrepair under this section.

8-9 Appeals

Any person aggrieved by a determination of the Board may appeal there from to the Board of Zoning Appeals in the same manner as is provided for in the article governing application of the Board of Zoning Appeals, and the Board of Zoning Appeals shall consider whether disapproval will cause unnecessary hardship and may reverse the denial of the application and grant the application with or without conditions.

ARTICLE IX  USE REGULATIONS

9-1 Merger of Separately and Singly Held Lots

Where any lot has been held in single and separate ownership on the effective date of this chapter, and subsequently the owner of said lot acquired or acquires title to a lot adjoining said lot, there shall be a merger, and neither of said lots shall qualify separately as a lot singly and separately held for the purpose of any provision of this chapter. All lots previously merged under prior codes are to remain merged.

[See immediate family exceptions and exemptions.]

9-2 Nonconforming Uses

The lawful and actual use of any building, structure or land existing at the effective date of an ordinance or local law which renders said use nonconforming may be continued although such use does not conform to the provisions of such ordinance or local law, provided that the following conditions are met:

1. Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the effective date of such ordinance or local law shall not be deemed the extension of such nonconforming use.

2. Changes. No nonconforming building, structure or use shall be changed to another nonconforming use.

3. Displacement. No nonconforming use shall be extended to displace a conforming use, nor shall any nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the effective date of the ordinance or local law which renders such use nonconforming.

4. If, for a continuous period of one year, the active operation of substantially all the nonconforming uses in any building or other structure is discontinued, such land or building or other structure shall thereafter be used only for a conforming use regardless of whether or not the premises are altered in any manner or whether or not the discontinuance was intentional or unintentional, voluntary or involuntary.

5. District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.

6. Certificate of existing use. No nonconforming use, except for a one-family dwelling and a private detached garage accessory to a one-family dwelling, shall be maintained or renewed without a certificate of existing use having first been approved by such officer or Board and pursuant to such procedures, rules and regulations as shall be established by the Board of Trustees by resolution from time to time. In the event that jurisdiction for the issuance of any certificate of existing use shall be placed in the Board of Appeals, the application for such certificate shall first be filed with the Building and Housing Department and shall be referred to the Board of Appeals. The Board of Appeals, prior to the approval of such certificate, shall require two depositions and/or testimony under oath from persons having personal knowledge as to: the nonconforming use predating the effective provision of the ordinance or local law rendering the proposed use nonconforming, or such other date as may be fixed by resolution of the Board of

Trustees; and the actual and continuous use of the structure in a nonconforming fashion up to and including the date of the application without interruption.

7. Restoration of damaged buildings and structures.

A. No building or structure damaged by any cause to the extent of more than 50% of the fair market value at the time of said damage, exclusive of foundations, shall be repaired, rebuilt or used except in conformity with the provisions of this chapter. In the case of income-producing properties, the income approach to value shall be used to determine the fair market value.

B. If a building or structure is damaged by any cause to the extent of less than

50% of the fair market value at the time of said damage, it may be reconstructed and used as before the time of damage, provided that such reconstruction shall be substantially completed within one year of the date of such damage. The failure to substantially complete reconstruction within one year, whether intentional or unintentional, voluntary or involuntary, shall result in the loss of the nonconforming use.

C. Any approval under this chapter to reconstruct or alter a nonconforming use shall be conditioned upon demonstration of the following conditions:

(1) Compliance with all off-street parking requirements for existing and proposed structures and uses in effect at the time of any application and determination hereunder.

(2) Absence of any change in the nature or character of the nonconforming use or uses or building or structure, except in reduction of the degree of nonconformity.

(3) Compliance with all the dimensional requirements for the district in which the premises is located, including building area, required yards and building height, except as to any dimensional requirements which caused all or part of the nonconforming use.

(4) That any change shall be beneficial to the general neighborhood.

(5) That any change shall be made subject to such reasonable conditions and safeguards as the Board of Appeals may determine.

(6) That any change shall be conditioned upon an affirmative finding that the approval of the change will not result in or allow an intensification of the nonconforming use.

D.  A nonconforming use shall not be changed to a more intense nonconforming use. Notwithstanding any other provision contained herein to the contrary, an increase in the volume or other intensification of the nonconforming use shall be deemed a prohibited intensification of a nonconforming use. If a nonconforming use consists of several uses or functions, each use or function shall be considered a separate and distinct nonconforming use.

9-3 Nonconforming Buildings and Structures

The following provisions shall apply to and govern all nonconforming buildings and structures, including preexisting erosion protection structures:

A. A lawfully preexisting nonconforming building or structure or a building or structure which lawfully exists on a nonconforming lot may be enlarged, altered, reconstructed or repaired, provided that the degree of nonconformity is not thereby increased. For the purposes of this subsection, an increase in the degree of nonconformity shall include any increase in the amount of a nonconforming building’s or structure’s gross floor area which is located within a required setback area, or an increase in any portion of a building or structure located above the maximum height permitted or within the required pyramid law setback.

B. The enlargement or reconstruction of a building or structure used by a nonconforming use is prohibited unless the use is changed to a conforming use.

C. .[Add 85-431 criteria] Singly and separately owned lots.

(1) Any structure or additions thereto may be erected on any singly and separately owned lot at the time of its inclusion in any zoning district although such lot does not meet the area requirements for such district, provided that the lot-area requirements in effect immediately prior to inclusion are met, provided that the front yard, side yard and rear yard requirements of the zoning district in which the lot is now located are met and further provided that the use of said structure is a permitted use within the zoning district in which it is located.  Proof of single and separate ownership shall be submitted in the form of:

(a) A title search prepared by an attorney-at-law or by a title or abstract company covering the subject premises and all contiguous property.

(b) A survey prepared by a licensed surveyor describing the subject premises and all contiguous property.

(c) Copy of 1988 SCTM Density Criteria.

(2) Notwithstanding the foregoing, structures or additions thereto may be erected on single and separate parcels provided the following dimensional and set back requirements are met:

Lot Width MaximumHouse Size Total SideYards MinimumSide Yards FrontYard RearYard
Less than 50’

(See Note)

50’ but less than 60’ width and less than 120’ depth* first floor 1,000

sq. ft.

 

20’ 9’ 30’ or average set back, whichever is less 25’
60’ but less than 70’ width and less than 120’ depth* first floor 1,200sq. ft.,

second floor 800 sq. ft.

25’ 12’ 30’ or average set back, whichever is less 25’
70’ but less than 80’ width and less than 120’ depth* first floor 1,200sq. ft.,

second floor 800 sq. ft.

30’ 12’ 30’ or average set back, whichever is less 25’
80’ but less than 90’ width and less than 120’ depth* first floor 1,500Sq. ft.,

second floor 800 sq. ft.

35’ 15’ 30’ or average set back, whichever is less 25’
90’ but less than 100’ width and less than 120’ depth* first floor 1,600sq. ft.,

second floor 800 sq. ft

40’ 18’ 30’ or average set back, whichever is less 25’

Note:  Construction may be permitted on single and separate lots less than 50’ in width by Special Permit from the Zoning Board of Appeals.

Lot Width of 100’ or greater:  Building setback, side yards, rear yard and lot coverage requirements of the zoning district in which the lot is located must be complied with.

*If lot depth is greater than or equal to 120’, the maximum first floor area may be increased by 100 sq. ft. for each additional 10 feet of let depth.

(3) For the purposes of this Section, the term “Lot Width” shall mean the width of the lot at the proposed building setback line.

(4) Additions to legally existing structures located on single and separate lots shall be permitted, provided said additions do not encroach deeper into any nonconforming front yard, side yard or rear yard that the distance into said from yard, side yard or rear yard than the existing foundation encroaches, exclusive of stoops, porches, patios, or decks.

(5) The Chief Building Inspector shall forward applications for building permits to the Division of Environmental Protection and Suffolk County Health Department in order to review the potential environmental impacts of site development on the water supply and sanitary disposal aspects of a project with regard to groundwater contamination.

C. Limitations on reconstruction. Reconstruction of a nonconforming building or structure shall be limited as follows:

(1) Reconstruction of a nonconforming building or structure is prohibited within an erosion hazard area, i.e., seaward of the erosion hazard area limit line. If a building or structure located wholly or partly in an erosion hazard area requires reconstruction, it must be relocated, redesigned and/or re engineered to meet all setbacks, structural and other requirements of this chapter.

(2) Reconstruction of a nonconforming building or structure in an erosion hazard adjacent area shall require a coastal erosion management permit and shall be allowed only for buildings or structures which have been destroyed or seriously damaged by accidental cause, such as fire, but such “accidental cause” shall not include damage or destruction which results from flooding or erosion; provided, however:

(3) A non-major addition in the adjacent area shall not be prohibited on the grounds that it constitutes a “reconstruction” as defined herein because the cost exceeds 50% of the cost of rebuilding the preexisting structure in conformance with current building requirements.

(4) Reconstruction, modification or alteration of erosion protection structures is prohibited.

D. Additions to nonconforming, lawfully preexisting principal residences must comply with the following conditions:

(1) Any addition or expansion may not be located seaward of the preexisting nonconforming structure and must meet the adjacent area side yard requirements for new construction; and

(2) Any addition or expansion that results in a violation of the site disturbance limitations in any increase to preexisting nonconforming site disturbance, must provide for re vegetation to remove the violation or reduce the nonconforming site disturbance to the amount that existed before the addition.

9-4 Pyramid Law [STRIKE]

Legislative Intent and Findings

It is hereby found and established that the Village of Mastic Beach has a strong interest in creating and maintaining a desirable living, working and business environment for all visitors and residents of the Village.  It is further found that there are numerous smaller parcels of land which have been developed or which are vacant that exist within the Village.  It is the intent of the Village to permit the orderly development and additions to these properties that the Village has added the following “pyramid law”.  All buildings and structures on any lot in any district must remain within the sky plane of the lot. The sky plane shall begin at all side yard property lines from the average elevation of the existing natural grade (prior to any site disturbance) adjacent to that building or structure and extend inward at an angle of 45°. Notwithstanding any language in this subsection, the maximum height limitation for a building or structure is 35 feet and shall not be exceeded at any point unless the structure is one exempted under this code.

An illustration depicting a typical elevation view showing the control of height of buildings and structures under this subsection is included at the end of this chapter.  This will permit the reduction of side yard setback requirements as are established within this Code.  (SEE DIAGRAM) Attached

9-5 Minimum Size of Dwellings

  1. A.    One-family Dwellings

In all use districts, no dwelling shall hereafter be erected or altered for a one-family dwelling unless provision shall be made therein for not less than 1000 square feet of habitable floor area; provided, however, that an area of not less than 750 square feet may be provided for within the exterior of the foundation wall at ground level.

  1. B.     Two-family and Multiple-family Dwellings [STRIKE]

Where multiple-family dwellings are allowed, no dwelling shall hereafter be erected or altered for an apartment house unless provisions shall be made therein for not less than 600 square feet of habitable floor area for each family unit, with the exception of apartments suitable for one person, which shall be required to have at least 400 square feet of habitable floor space.

9-6 Fences

Use and Height Restricted

In any District no fence exceeding six feet in height may be erected. The height of any fence shall be measured from the existing elevation of the center line of such roadway opposite such fence; and provided further that such height, so measured, shall not exceed 2 1/2 feet at any point within any radius of 30 feet of the corner formed by any intersecting roads or highways. Where the boundary of any building lot is adjacent to a street, road or highway, no fence shall be erected within a 6′ setback from that boundary with the street, road or highway which is in excess of 48” inches in height measured from the grade of the road. The provisions of this section shall not apply to any chain-link-type fence, nor any split-rail-type fence, which does not contain inserts of any type and which does not materially obstruct vision, which shall not be in excess of four feet in height.

9-7 Tourist Camps, [Seasonal] Camp Cottages and Trailers [S.C.D.H.S. ?] municipal OK

A. Permit Required

No tourist camp shall be established, maintained or operated in any district, nor shall any tent, tent house, camp cottage, house car or trailer, to be used or occupied as a place for living, sleeping or eating, whether charge is or is not made, be erected or placed therein, unless authorized by the Board of Appeals as hereinafter provided.

B. Application for Permit

An applicant to the Board of Appeals, as hereinafter provided, for the use of any land or premises as a tourist camp or the erection or placing therein of any tent, tent house, camp cottage, house car or trailer, shall first obtain from the Department of Health of the County of Suffolk a statement in writing as to its approval for the establishment of sanitation facilities and water supply for each such proposed tourist camp, together with a plan showing clearly the extent and area to be used for the camp proposed, a legal description of the camp property, methods for disposing of sewage and plans for water supply, electricity and other necessary conveniences. In determining the suitability of such use, the Board of Appeals as hereinafter provided shall give consideration to the effect of the proposed tourist camp on adjoining property, and further, no such permit shall be granted for a tourist camp or for trailers in any residence district. The applicant shall be required to give written notice of the public hearing before the Board of Appeals on such application to all owners of property situated within 800 feet of the proposed tourist camp, and file same at such hearing with proof that such notice was given.

C. Private Trailers and Camp Cars: Permit Required

It shall be unlawful for any person, firm or corporation to place, keep or maintain any trailer or camp car on any land within the Village of Mastic Beach without written permission of the owner of such land, and no person shall allow, suffer or permit any trailer or camp car to be placed, kept and maintained as a dwelling on any land owned, leased or controlled by him, except in a tourist camp for which a permit has been issued by the Building and Housing Department; provided, however, that the occupant of any single-family dwelling may allow, upon such consent of the owner, not more than one trailer or camp car of a guest to be placed, kept or maintained thereon for a period of not exceeding ten days in any calendar year by securing a permit as provided under § 530-43 B hereof and otherwise complying with the provisions of this chapter. The permit shall not be renewable during any calendar year.

D. Application for Permit for Private Trailer

Any person desiring a permit to place or maintain a single trailer or camp car shall file with the Building Department application therefore within 48 hours after said trailer is placed upon the premises of said single-family dwelling, on a form to be furnished by the said Building Department. Such application, among other things, shall contain a sworn statement by the applicant that any toilet or toilets in such trailer or camp car will be sealed or locked so that it or they cannot be used during the period of its stay on said property, and that all wastewater from sinks and lavatories in said trailer or camp car will be disposed of in a sewer, or cesspool if there is no sewer, but not on the ground in any event. No garbage or refuse shall be deposited upon the ground. The Building Inspector is hereby authorized, in the exercise of a reasonable discretion, to revoke any permit issued if, after due investigation, he deems that the holder thereof has violated any of the provisions of this chapter and that said trailer or camp car is being maintained in an unsanitary or unsafe manner or is a nuisance. Written notice of said revocation shall be given either by personal delivery thereof to the person to be notified or by depositing said notice in the United States mail in a sealed envelope, postage prepaid, addressed to such person at the address which appears on the record of the Building Department pertaining thereto.

E. Permit Fees

The fee for the private trailer permit shall be as set from time to time by resolution of the Board of Trustees.

Editor’s Note: The current Fee Schedule is on file in the office of the Village Clerk.

F. Exception

This article shall not be deemed to apply to the temporary or seasonal camp of any unit of the Boy Scouts of America or the Girl Scouts of America or other such organizations, under the leadership provided by said organizations, respectively.

9-8 Public Garages

In any district no public garage for more than three motor vehicles and no gasoline vending station shall be erected or altered and used within 200 feet of any premises used for a public school, public library, church, hospital or orphanage.

9-9 Swimming Pools and Spas

No swimming pool shall be constructed, installed, used or maintained in any district except in compliance with this article and after a permit therefore has been procured from the Board of Trustees.

A. Any outdoor swimming pool having a depth of 18 inches or less and an area of 100 square feet or less shall be either enclosed by a durable wall, barrier or fence as described in Subsection B below unless such outdoor swimming pool is covered with a suitable strong protective covering fastened or locked in place when not in use or unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it shall support a minimum dead weight of 200 pounds.

B. Every outdoor swimming pool having a depth of more than 18 inches or an area of more than 100 square feet now existing or hereafter constructed, installed, established or maintained shall be completely and continuously surrounded by a permanent durable wall, fence or barrier which shall be located not less than four feet from the furthest outside projection of the swimming pool and which shall be no more than six feet nor less than four feet in height

above grade and shall be so constructed as to have no opening, mesh, hole or gap larger than two inches in any dimension; provided, however, that if a picket fence is erected or maintained, the horizontal dimension of any gap or opening shall not exceed two and one-half (21/2) inches.

(1) All walls, fences or barriers shall be constructed in accordance with requirements of the State Building Construction Code and in conformity with all sections of the Code of the Village of Mastic Beach. .

(2) No wall, fence or barrier of any kind shall be constructed or maintained which shall contain projections at any point on its outer surface which present a substantial opportunity or risk of unauthorized access to the swimming pool. Stockade-type fences may be erected with either side facing out.

(3) A dwelling house or accessory building may be used as part of such wall, fence or barrier.

(4) All gates and doors used in conjunction with such wall, fence or barrier shall conform to be the above requirements as to height and dimensions of openings, mesh, holes or gaps, and all gates and doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times. All gates and doors shall be locked when the pool is not in use or is unguarded or unattended; provided, however, that the door of any dwelling which forms a part of the wall, fence or barrier need not be so equipped or locked.

(5) Any ladder, diving board or other means of access to such swimming pool shall be completely enclosed by a durable wall, fence or barrier, and such wall, fence or barrier and any gate therein contained shall meet all other requirements set forth in this subsection.

C. No pool shall be erected, maintained or used unless the minimum setbacks for accessory uses for the zoning district in which they will be installed from both the side and rear lines are met.

D. Said distances shall be measured from the water’s edge in an in-ground pool and from the outside edge of the structure of an above ground pool.

E. Every above ground swimming pool which employs the use of any electrical device in connection therewith shall be equipped with a ground fault interrupter approved by Underwriters’ Laboratories, Inc. All electrical devices used in connection with such swimming pools shall have Underwriters’ Laboratories, Inc. approval.

F. Any private swimming pool with a water depth of more than 18 inches shall be used and maintained in accordance with the provisions of the New York State Sanitary Code and the rules and regulations of the Suffolk County Health Department.

G. Public swimming pools.

(1) No work shall be commenced on the construction or installation of any public swimming pool, including excavating or removing of sand, gravel, topsoil or other materials, until the plans and specifications shall contain a certificate by a professional engineer licensed by the State of New York that the drainage of such swimming pool is adequate and shall not interfere with the public or private water supply system, with existing sanitary facilities or with the public highways.

(2) Every public swimming pool shall be used and maintained in accordance with the provisions of the New York State Sanitary Code and the rules and regulations of the Suffolk County Health Department.

H. During the course of construction of an in-ground swimming pool, a temporary fence shall be erected as required by the Board of Trustees.

I. No water shall be put or caused to be put in any swimming pool unless a wall, fence or barrier as required by this chapter shall have first been erected.

J. In the event that an owner shall cease to use and maintain any swimming pool in a safe condition, he shall forthwith fill all voids and depressions and restore the premises to the same grade and condition as before the swimming pool was constructed and shall accordingly notify the Building Inspector when said restoration has been completed.

9-10 Prohibition of Parking and Storage of Items in Front Yards

No person shall park or store or permit or suffer the parking or storage of any motor vehicle, motorcycle, trailer, boat, camper or camping equipment or items of a similar nature upon any premises improved by a building, the principal use of which is for residential purposes, in the area between the front building line and the street upon which said building fronts. Where such building lot has a double front yard or is a corner lot, this prohibition shall apply to the area between the building line and any street frontage.

The parking or storage of such items shall be prima facie evidence of the violation of this chapter by the owner, tenant or other occupant of the residential premises upon which such items are located. It is not intended hereby, however, to prohibit the parking of licensed motor vehicles or motorcycles in any paved driveway on such premises.  No person shall park or store or permit or suffer the parking or storage of any motor vehicle, motorcycle, trailer, boat, camper or camping equipment or items of a similar nature upon any parcel or lot that has not been developed with a legally existing principal use structure without a special permit for “outdoor” storage issued by the Board of Appeals.

9-11 Prohibition of Use of Trailers or Truck Bodies for Storage and/or Sale of Merchandise

No person shall park or store or permit or suffer the parking or storage of any trailer, or trailer or truck body, on any business or commercial premises for a period in excess of 30 days in any twelve-month period for the storage and/or sale of merchandise, goods or wares of any nature or description.

9-12 Apartment Houses and Garden Apartments

A. In districts where apartment houses are permitted uses, no building permit shall be issued unless the Board of Trustees of the Village of Mastic Beach shall approve, after a hearing, an application, under the same procedure as for an amendment of the Zoning Map. The application for such “apartment house” approval shall be accompanied by an application fee which shall be in addition to any fees which might be required for a rezoning application, whether or not the application for “apartment house” approval and the rezoning application are combined. It shall be within the discretion of the Board to grant or withhold approval after consideration of the nature of the site, parking facilities, drainage and sewer facilities, suitability to neighborhood, size of structure and any other factors which the Board deems pertinent. A recreation/play area shall be provided on the premises.

B. Garden apartments are a group of buildings which shall conform to the following regulations: not more than 2 1/2 stories in height, each building containing not more than eight dwelling units. If buildings are attached, they shall not contain in the aggregate more than 16 dwelling units. No portion of such buildings below the first story or above the second story shall be used for dwelling purposes. The minimum distance between buildings shall be 30 feet. A recreation-play area shall be provided, as defined in ____________.

9-13 Mini Storage Facility

Mini storage facilities shall be restricted as follows:

A. Storage shall be limited to dead storage only. The storage of explosives, flammable, toxic or otherwise hazardous chemicals and/or other materials shall be prohibited.

B. Architectural elevations shall be subject to the review and approval of the Board of Historical Preservation and Architectural Review (ARB) prior to the review and determination by the Zoning/Planning Boards. Bright, vivid and/or reflective colors shall be prohibited. Walls exceeding one story in height, which are visible from off site shall be architecturally enhanced with pilasters, corbelled cornices, or similar ornamentation pursuant to the satisfaction of the ARB.

C. Storage unit doors shall be screened from visibility from adjoining residentially zoned or residentially developed properties and from public streets to the satisfaction of the Planning Board.

D. All paved areas, including parking and parking aisle areas, shall be screened from view with landscaping or natural areas and/or decorative fencing pursuant to the satisfaction of the Planning Board.

9-14 Bed-and-Breakfast Establishments

A. A bed-and-breakfast may be located in any zoning district, except a residence, subject to a special permit issued by the Board of Trustees.

B. There shall be no more than three sleeping rooms offered for rent or more than two individuals shall occupy a room for a maximum total of six casual and transient roomers with a maximum period of stay for any guest limited to one month.

C. The property and structure sought to be used shall be the primary residence of the owner, and said owner shall actually reside therein on a continual basis during rental periods. Facilities are clearly incidental and subordinate to the principal use of the dwelling.

1. Minimum lot size is 10,000 square feet

2. Minimum house size is 2,000 square feet.

3. Minimum size room shall be 120 square feet.

4. Each room has a window which can be opened, minimum window size to be four square feet. Windows shall comply with the New York State Building Code.

D. There shall be no exterior lighting or illumination that conflicts with the neighboring property.

E. Adequate off-street parking facilities for the owner, the owner’s family and guests must be demonstrated. At least one off-street parking space must be provided on site for each sleeping room. The applicant must also demonstrate that all such off-street, on-site parking is adequate in width, grade, alignment and visibility and that vehicular access to and from the property is adequate and safe. Parking areas shall be screened from neighbors by fence or plantings with a minimum height of five feet.

F. Meals provided and any amenities connected with the guest rooms, e.g., swimming pools or tennis courts, shall be solely for the use of the owner, his/her family and the owner’s registered guests.

G. One sign may be permitted, not exceeding three square feet in area, and shall contain no information other than identifying the premises as the named bed-and-breakfast.

H. No guest may be registered for a maximum continuous period in excess of seven consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection at any time by Code Enforcement Officers or other duly authorized Village personnel.

I. An application for a special use permit, any additional general requirements and the procedures for issuance shall be as set forth in the Village Code.

J. The owner shall be responsible for compliance with any and all state and local health, fire and sanitation codes.

K. Penalties for violations of any conditions set forth in a special permit will result in a fine of $250 and/or immediate revocation of the special permit.

L. The exterior appearance of a bed-and-breakfast residence, including its overall site, shall be maintained in appearance and character as a single-family dwelling. No entrances solely for the purpose of bed-and-breakfast guests shall be permitted.

M. No cooking facilities of any kind may be located or used in any of the guest rooms, and no cooking shall be permitted in said guest rooms.

N. No special permit for a bed-and-breakfast shall be permitted for any residence or building having more than one kitchen.

O. No special permit for a bed-and-breakfast shall issue for any building located within 500 feet of any property line of any parcel containing a bed-and-breakfast or within five lots of an existent bed-and-breakfast, whichever is the greater distance.

P. A special permit issued for a bed-and-breakfast may only be transferred to the purchaser of the property upon which the bed-and-breakfast is operated on the following conditions:

(1) The purchaser desires the transfer of the special permit.

(2) At or prior to closing of title on the property, the purchaser advises the Village

Clerk of his/her desire to continue the operation of the bed-and-breakfast and completes a questionnaire providing such information as the Village deems appropriate.

(3) At or prior to closing of title on the property, the purchaser must sign and acknowledge his/her consent to the terms and conditions of the existing special permit for the property.

(4) Failure to obey the aforesaid transfer requirements terminates the special permit immediately upon transfer of title.

Q. A special permit issued for the first time for a bed-and-breakfast on a particular site shall be issued for a period not to exceed one year.

R. Special permit applications for a bed-and-breakfast shall require a public hearing, notification by certified mail, return receipt requested, of property owners within 500 feet of the property line, at least 10 days prior to such public hearing, and a posting of the property, for a period of 10 days prior to such hearing, containing a description of the permit requested.

S. Special permits for a bed-and-breakfast may be renewed by the person holding the permit, without amendment, for a period of up to three consecutive years, subject only to review by the Board of Trustees and the payment of a fee. In those cases where a special permit for a bed-and-breakfast has been renewed for a period in excess of one year, the fee as set forth by resolution of the Board of Trustees, must be paid for each year of the renewed term, at the beginning of each such year. Failure to pay the fee shall result in the termination of the permit.

Editor’s Note: The current Fee Schedule is on file in the office of the Village Clerk.

T. Application for a special permit for a bed-and-breakfast shall be made to the Board of Trustees, through the Village Clerk, in the form prescribed by it, together with an application fee and a fee for each sleeping room offered for rent.

U. The Village Clerk shall forward the application, when deemed completed and the fee paid, to the Planning Board for review and comment. Within 21 days of receipt of the application, such comment must be forwarded to the Board of Trustees.

V. After review by the Board of Trustees, the application may be denied by the Board of Trustees or a public hearing may be scheduled or the application may be tabled pending receipt of additional information as requested by the Board of Trustees.

W. The notification of property owners, as set forth in Subsection R above, shall be to those whose names appear on the last complete tax roll of the Village at the time of the hearing, the applicant shall submit a sworn statement to the Board of Trustees that the owners have been notified and that the property has been posted and shall submit to the Board of Trustees all certified mail receipts by then returned to the applicant.

X. The Board of Trustees shall render a decision within 30 days from the date on which the hearing is finally closed.

Y. The building shall be in compliance with all applicable zoning, building, fire, electrical and plumbing codes, as well as Section AJ701.1-1.4 of the Residential Code of the State of New York.

9-15 Trees, Shrubs, Hedges and Landscaping

A. Findings; intent.

It has been established that trees, shrubs, hedges and similar landscaping, stabilize the soil, control water pollution by preventing soil erosion and flooding, absorb air pollution, provide us with oxygen, yield advantageous microclimatic effects, have an intrinsic, aesthetic quality, offer a natural barrier to noise and provide a natural and valuable habitat for wildlife in our area and that the removal of trees deprives all segments of our society of these benefits while disrupting the ecological systems of which they are a part.  It is, therefore, the intent of the Village of Mastic Beach to regulate the planting, maintenance, destruction and removal of these to secure these various benefits to the maximum extent possible for the present and future inhabitants of the Village.

B. It shall be unlawful for any owner of real property, or any other person to cause, permit or allow the removal, destruction or substantial alteration of the habit of any tree, shrubs, hedges and similar landscaping without first having obtained a permit issued there for as prescribed by this chapter.

1. Permits shall be required to remove or destroy any more than six trees in excess of 6” in diameter or clear an area in excess of one thousand square feet, unless site plan approval and building permit has been granted and issued for the construction or addition of any structure.

2. Owners of residentially zoned property, shall be permitted to remove, by handheld tools or equipment only, a total of 10 trees located on the property upon which they reside, each year, for personal use, without first having to obtain a permit.

3. Permits shall not be required for the destruction or removal of trees in accordance with accepted ornamental procedures, for the furtherance of normal business activities for legally established commercial nurseries, or for the destruction or removal of trees incidental to surveying and soil investigation activities.

4. Any person doing business as a public utility subject to the jurisdiction of the

New York State Public Service Commission and duly constituted public agency authorized to provide utility services. shall be permitted to trim, prune or alter any tree which may otherwise be lawfully altered by such person, to the minimum extent necessary to enable such person to repair existing utility services, without having first obtained a permit.

5. The New York State Department of Environmental Conservation shall be permitted to trim, prune or remove trees pursuant to the New York State

Environmental Conservation Law without the necessity of obtaining a permit pursuant to this chapter.

6. Any and all debris from the removal of these items must be removed from the premises and disposed of at a legal landfill allowed to receive this debris within five days. Materials being retained for fuel for fireplaces or stoves shall be neatly stacked on the property behind the front line of the principal structure.

7. Trees, shrubs, hedges and similar landscaping shall be maintained and shall not be allowed to encroach on an adjacent property or any Village right- of way.

8. Hedges and shrubs in front yards adjoining public roadways shall not exceed four feet in height unless they are greater than six feet behind the lot line.

Openings for driveways shall be a minimum of fourteen feet wide to permit access to emergency vehicles. No row hedge forming an opaque barrier shall be permitted to exceed eight feet in height on any lot line.

ARTICLE X  Off-STREET  PARKING REQUIREMENTS; LOADING ZONES

10-1 Number of Spaces

A. The following number of off-street parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building, structure or premises which shall be hereafter erected, enlarged or altered for use of any of the following purposes, or the use of which shall be changed so that such building, structure or premises shall be hereafter used for any of the following purposes:

(1) Hospitals: one parking space for every four beds.

(2) Theaters: one parking space for every seven seats.

(3) Hotels: one parking space for every two rooms.

(4) Dwellings:

(a) One-family dwellings: 1 parking space.

(b) Two-family dwellings: 1 1/2 parking spaces for every dwelling unit.

(c) Multiple dwellings. Efficiency apartments: 1 1/4 parking spaces for each efficiency unit; 1 1/2 parking spaces for each one bedroom unit; two parking spaces for each unit containing two or more bedrooms. Any fractional space resulting shall be increased to a full space.

(d) Accessory uses in a dwelling:

[1] Physician or dentist: four for each practitioner.

[2] Other permitted uses: two for each practitioner.

(e) Resident Business District uses shall provide spaces in accordance with the business use permitted.

(f) Condominiums, townhouses, apartments: two spaces per unit and one visitor space for every four units. Garage spaces shall be given credit of 1 per garage space towards the required total units for residents.

(5) All places of public assembly, such as auditoriums, churches and similar uses: one parking space for each seven permanent seats or an area equivalent to seven permanent seats.

(6) Office buildings and professional buildings: one parking space for each 150 square feet of floor area.

(7) All structures where offices or living quarters are provided over the first floor:

(a) one parking space for each dwelling unit;

(b) for office space: one parking space for each 150 square feet of floor area or fraction thereof, in addition to the parking required for the first floor use.

(8) All retail and service businesses: one parking space for each 150 square feet of floor area.

(9) Motels:  1-1/4 parking spaces for each room or unit. Any fractional space resulting shall be increased to a full space.

(10) Schools and instructional facilities for adults, including public, parochial, business and professional institutions: one parking space for each student, to be determined by the total capacity for students of the school or facility.

(11) Food-serving establishments.

(a) Restaurants: one per two seats, or one per 100 square feet of floor area, or one per three persons legally accommodated, whichever is greater.

(b) Catering halls: three per 100 square feet.

(c) Bars, taverns and nightclubs: 1 1/2 per two persons legally accommodated

(d) Restaurants, take-out: one per 150 square feet of floor area.

(12) Industrial:

(a) Manufacturing warehouse: one per 400 square feet of floor area.

(b) Multi tenant: one per 250 square feet of floor area.

(c) Mini-storage warehouse: one per 2,000 square feet of floor area.

(13) Marinas and boat storage.

(a) Marinas and boat storage, as follows:

[1] One parking spaces for each dockage slips and boat rack storage slots; plus

(14) If the application of the requirements of any subsection of § 435-31 shall result in a fractional parking space, said fractional parking space shall be increased to a full parking space.

(15) Mini storage warehouse: one parking space per 2,000 square feet of gross floor area.

B. Residential properties.

(1) The Board of Trustees finds that an excess number of vehicles parked on residential properties can be indicative of overcrowding, a reduction of open space and/or a deterioration of property values.

(2) Unless a permit is received from the Village for additional vehicles, a dwelling unit shall not have more than one vehicle for each conventional bedroom parked on the property at night, nor shall vehicles be parked on the street in violation of applicable parking regulations. Both the owner and occupant of the property may be held liable in the event of a violation of this section of the Code.

(3) Parking or storage of any motor vehicle, motorcycle, trailer, boat, camper or camping equipment or items of a similar nature, may only be upon a concrete, asphalt, stone or similar material base. Parking or storage on a grass area shall not be permitted.

10-2 Alteration or Enlargement of Structures

A. In the event that any building built prior to the date of this code, and under the provisions of this chapter is altered or enlarged, the entire building as altered or enlarged (i.e., the existing building plus the addition) shall be considered new construction, and the number of parking spaces to be provided and maintained for such building as altered or enlarged shall be determined on such basis.

10-3 Parking Sites

All parking spaces provided pursuant to this article may be in the open or in private garages, or both, provided that no such parking spaces shall be in the front yard in any use district other than R1, R2 & R/B.

10-4 Construction and Maintenance of Parking Facilities

All off-street parking spaces, except those provided for one-and two-family dwellings and loading spaces, shall be constructed and maintained in the following manner:

A. All parking and loading spaces and the passageways and driveways appurtenant thereto shall be paved with an asphalt or concrete surface.

B. The entire parking and loading area shall have adequate and self-contained drainage.

C. All underground installations shall have suitable covers or bridges sufficient to support all traffic over the same.

D. Each parking and loading space shall be clearly marked and delineated and shall have wheel or bumper guards.

E. Access driveways and passageways shall be marked not only with entrance and exit signs but also with arrows indicating the proper flow of traffic.

F. The entire parking area shall be fully illuminated at night during the business hours of the premises which it serves.

G. Concrete curbs and sidewalks shall be provided along all street frontages, except that,

in the event that a street is not actually improved, not maintained by any municipality or is not required for present or future use, then such requirement may be waived by the Planning Board.

H. Paving, curbing, signs, and catch basins and any other required work or installation shall fully comply with the Village of Mastic Beach standard street and public improvement construction specifications.

10-5 Availability

Parking spaces shall not be considered as provided pursuant to this article unless they are readily available to persons who are residents, employees or visitors of the building or premises for which such parking spaces are provided.

10-6 Loading Zone Requirements

In all Business and Industrial Districts, no building shall hereafter be erected, altered or enlarged unless such building shall be provided with one loading space, either as a part of the building or accessory thereto on the same lot, for each 5,000 square feet or fraction thereof of floor space. Such loading space shall be not less than 12 feet in width, 25 feet in length and 15 feet in height.

ARTICLE XI  WIND ENERGY SYSTEMS

11-1 Purpose and Intent

This article is designed to promote the safe, efficient and effective use of small wind energy systems and to promote the reduction of on-site consumption of utility-supplied electricity, while protecting against any adverse effects of such systems.

11-2 Definitions

As used in this article, the following terms shall have the meanings indicated:

FALL ZONE

The area, defined as the farthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. The radius of the area is the same as the total height of the structure.

SMALL WIND ENERGY SYSTEM

A wind energy conversion system, consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power.

TOWER HEIGHT

The height above grade of the fixed portion of a tower that is part of a small wind energy system, inclusive of the wind turbine.

11-3 Location Restrictions

Small wind energy systems shall only be permitted on parcels of One acre in size. Wind energy systems shall not be permitted within any residential zoning district.

11-4 Application for Permit

Applications for small wind energy systems shall be submitted to the Village of Mastic Beach Building and Housing Department and shall include:

A. The name, address and telephone number of the applicants; and, if the applicant will be represented by an agent the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant.

B. The name, address and telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed applications and authorizing the submission of the application.

C. The address of each proposed tower site, including Tax Map section, block, and lot number.

D. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor or the system.

E. A plot plan on an approved property survey, at a scale of one inch equals 100 feet, depicting the limits of the fall zone distance from structures, property lines and public roads and the projected noise level, in decibels (dBA), from the small wind energy system to the nearest occupied dwellings.

F. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Village Code and the New York State Building Code.

11-5 Development Standards

A. Tower height. Tower height shall not exceed 50 feet and shall be exempt from the height restrictions otherwise set forth the Village Code. To prevent harmful wind turbulence to the small wind energy system, the minimum height of the lowest part of any horizontal or vertical axis wind turbine blade shall be at least 20 feet above the highest structure or tree within a radius of 250 feet. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.

B. Yard setbacks. Yard setbacks shall be derived from the maximum effective height of any turbine as stated above.

(1) Front yard. Small wind energy turbines mounted to a freestanding tower shall be prohibited in any front yard. Roof-mounted turbines may be allowed on that portion of a pitched roof which faces the rear yard, or, in the case of a flat roof, said turbine may be located on the rear half of such roof.

(2) Side yard. Small wind energy turbines shall be set back from any side property line by a distance greater than the height of the turbine or the highest component thereof.

(3) Rear yard. Small wind energy turbines shall be set back from any rear property line by a distance greater than the height of the turbine or the highest component thereof.

C. Noise. Small wind energy systems shall not exceed 55 dBA, as measured at the property line. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

D. Compliance with New York State Uniform Building Code. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the New York State Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This requirement may be satisfied by documentation presented by the manufacturer.

E. Compliance with National Electrical Code. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components on the plot plan in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This requirement may be satisfied by documentation supplied by the manufacturer.

F. Compliance with Federal Aviation Administration (FAA) regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. The allowed height shall be reduced to comply with all applicable federal aviation requirements, including Sub part B (commencing with § 77.11) of Part 77 of Title 14 of the Code of Federal Regulations, regarding installations close to airports.

G. Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

H. Decommissioning. The property owner and operator shall, at his or her expense, complete decommissioning of the wind energy system within 12 months after the end of the useful life of said system. The wind energy system will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

Decommissioning shall include removal of towers, turbines, buildings, cabling, electrical components, and any other associated facilities.

11-6 Construction Standards

A. Exterior lighting on any structure associated with the system shall not be allowed, except that which is specifically required by the Federal Aviation Administration.

B. The system’s tower and blades shall be a non-reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and shall incorporate non reflective surfaces to minimize any visual disruption.

C. All on-site electrical wires associated with the system shall be installed underground, except for tie-ins to a public utility company and public utility company transmission poles, towers and lines.

D. At least one sign shall be posted on the tower, at a height of five feet, warning of potential electrical shock or high voltage and potential harm from revolving machinery.

E. No brand names, logos or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower’s manufacturer’s logo may be displayed on a system generator housing in an unobtrusive manner.

F. Towers shall be constructed to provide one of the following means of access control or other appropriate method of access:

(1) Tower-climbing apparatus located no closer than 12 feet to the ground.

(2) A locked anti-climb device installed on the tower (if the tower is a climbable type).

(3) A locked, protective fence at least six feet in height that encloses the tower.

G. Anchor points for any guy wires for a system tower shall be located within the property on which the system is located and not on or across any above ground, electric transmission or distribution lines. The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from three feet to eight feet above the ground.

H. All small wind energy systems shall be equipped with manual and automatic over speed controls. The conformance of rotor and over speed control design and fabrication with good engineering practices shall be certified by the manufacturer.

I. Capacity. Small wind energy systems shall generate no more than 110% of the property’s anticipated demand at the time of application.

11-7 Exemption for Village Government and Properties

A. In order to promote experimental efforts in the development of alternative energy, the Village government and its properties are declared exempt from this legislation.

ARTICLE XII  Satellite Antennas

No person shall cause, suffer or permit the erection and/or maintenance of any parabolic dish or other antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical signals from space satellites, except as set forth herein:

A. Any such antenna shall be confined to the rear yard of any parcel of realty.

B. The Planning Board of the Village of Mastic Beach is hereby empowered to designate the exact location of the device to be installed or maintained and to require any screening or other procedure in order to reduce or eliminate aesthetic damage to the community which may result from said installation or maintenance.

C. No such installation shall be permitted or continued, except by permit, from the Building Inspector after review by the Planning Board.

D. No such device shall exceed 15 feet at its maximum height, width or depth.

E. No such device greater than 30″ in diameter shall be installed on or above any building or structure, but shall be freestanding.

ARTICLE XIII  Wireless Communications Towers and Antennas

13-1 Legislative Intent

A. In recognition of advancing technology and the increasing demand for the installation of wireless communication tower(s) and/or facilities within the Village, the Trustees of the Village of Mastic Beach hereby determine that it is in the public interest to specifically regulate the siting and installation of such facilities within the Town in order to protect the public health, safety and welfare. Therefore the Board hereby determines to establish general guidelines for the siting of wireless communications towers and antennas in order to:

(1) protect residential areas and land uses from potential adverse impacts of towers and antennas;

(2) encourage the location of towers in nonresidential areas;

(3) minimize the total number of towers throughout the Village;

(4) encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

(5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the surrounding community is minimal;

(6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impacts of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

(8) consider the impacts upon the public health and safety of communication towers; and

(9) avoid potential damage to adjacent and/or nearby properties from tower failure through appropriate engineering and careful siting of tower structures and/or facilities. In furtherance of the aforementioned objectives, the permitting Trustees shall give due consideration to the Village’s Comprehensive Plan, existing land uses and development, and environmentally sensitive areas, and

other appropriate factors in approving sites for the location of towers and antennas and/or facilities.

13-2 Definitions

As used in this article, the following terms shall have the meanings set forth below:

ACCESSORY FACILITY

A building or structure that serves the principal use, which is subordinate in area, extent and purpose to the principal use, and is located on the same lot as the principal use.

Examples of such facilities include transmission equipment and storage sheds.

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

COMMISSIONER

The Commissioner of the Department of Planning, Environment and Development.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

When referring to a tower or other structure, the distance measured from the finished mean grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS and PREEXISTING ANTENNAS

Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this article, including permitted towers or antennas that have not yet been completed or constructed so long as such approved permit(s) is current and unexpired, or any tower which is existing and has a certificate of compliance.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, Long Island Power Authority (LIPA) transmission poles and similar structures, but not including telephone poles and street light poles. The term includes the structure and any support thereto.

13-3 Applicability

A. No transmission tower shall hereafter be used, erected, moved, or reconstructed, changed, altered or modified to serve as a transmission tower except after administrative approval by the Village Trustees or upon the issuance of a special use permit(s) by the Zoning Board of Appeals in conformity with the requirements of this article.

B. Except as otherwise provided herein, towers shall not be permitted within any residence zoned district.

C. New towers and antennas. All new towers and antennas in the Village shall be subject to these regulations, except as otherwise provided herein below.

D. Exceptions. The requirements set forth in this article shall not be applicable to:

(1) Amateur radio station operators’ “receive only antennas” and/or towers under fifty feet in height which are owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive-only antennas.

(2) Preexisting towers or antennas.

(3) Antennas or towers located on property owned, leased or otherwise controlled by the Village of Mastic Beach, provided that said property is subject to a license or lease authorizing such antenna or tower approved by the Trustees and provided that such towers or antennas comply with the written regulations.

13-4 General Provisions

A. Principal and accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use and/or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

B. Lot size. For purposes of determining whether the installation of a tower or antenna complies with zoning district regulations, the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots.

C. Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Trustees an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Village or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Trustees may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Village. The Trustees, by sharing such information, shall not be deemed to be in any way representing or warranting that such sites are available or suitable.

D. Aesthetic requirements. All towers and antennas shall comply with the following requirements:

(1) Towers shall be a neutral color so as to reduce visual obtrusiveness.

(2) At a tower site, the design of the buildings and related structures shall, to the extent practicable, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as practicable.

(4) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If required, the lighting shall be designed to minimize to the maximum extent practicable, the resultant disturbance to the surrounding views and properties.

E. Signs. No signs shall be permitted on an antenna or tower.

F. Multiple antenna/tower plan. Users of towers and/or antennas submitting a single application for the approval of multiple towers and/or antenna sites shall be given priority status in the review process.

13-5 Permitted Uses and Uses Subject to Administrative Approval

A. Permitted uses. The following uses are deemed to be permitted uses and shall not be subject to administrative approval or a special use permit:

(1) Antennas or towers located on property owned, leased or otherwise controlled by the Village of Mastic Beach, provided said property is subject to a license or lease authorizing such antenna or tower approved by the Trustees, and provided that such towers or antennas comply with the written regulations promulgated by the Commissioner.

(2) All antennas, which are accessory to permitted residential uses.

(3) Lawful or approved towers and antennas, which existed prior to the effective date of this article, except that any and all additions or expansions to existing towers and/or or antennas shall be subject to the requirements of this section/article.

B. Uses subject to administrative approval.

(1) The Trustees or their designee may approve, approve with modifications, and/or conditions, or deny the following uses:

(a) Additions or expansions to existing towers or antennas, including new antennas on existing towers;

(b) Antennas on existing structures, as an accessory use to any commercial, industrial, professional, institutional use, provided the antenna does not extend more than 30 feet above the highest point of the structure.

(c) Antennas on existing transmission poles, in any zoning district, provided the antenna does not extend more than 30 feet above the highest point of the structure.

(d) Collocation of antennas by more than one carrier on existing towers shall be accorded priority status over the construction of new towers, so long as same is in compliance with the following:

(2) A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Commissioner, in his discretion, shall permit reconstruction as a monopole.

(3) An existing tower may be modified or replaced in order to accommodate the collocation of additional antennas, provided the modified tower or replacement tower does not extend more than 30 feet above the height of the original tower. In the event a new tower is constructed, the original tower shall be removed prior to the issuance of a certificate of occupancy for the new tower, and a bond shall be required guaranteeing the removal of same to the satisfaction of the Village of Mastic Beach.

(4) Information required for applications for administrative approval:

(a) Application form as approved by the Trustees.

13-6 Trustees Determination

A. The Trustees shall make a final determination to grant, grant with modifications, and/or conditions, and/or covenants, or deny the applications submitted pursuant to this section.

B. The Trustees may, in making said determination:

(1)In order to encourage the use of monopoles, permit the reconstruction of any existing tower to monopole construction.

(2) At his/her sole discretion, refer any application to the Board of Zoning Appeals.

(3) Upon a final determination by the Trustees to deny, modify and/or impose conditions and/or covenants upon an application, the applicant may appeal to the Board of Zoning Appeals within 30 days of the final determination

13-7 Uses Subject to Special Permits

A. Unless otherwise permitted by this article, the construction of new communication towers and/or the installation of antennas shall be permitted upon the issuance of a special permit by the Board of Zoning Appeals, subject to the following:

(1) Applications for special use permits under this section shall be subject to procedural and other provisions applicable to the Board of Zoning Appeals except as otherwise modified in this section.

(2) A certification, by an engineer licensed by the State of New York, that the towers/antennas meet or exceed current standard regulations of the FAA, the FCC and any other state or federal agency having authority to regulate towers or antennas. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a New York State licensed professional engineer.

(3) A nonrefundable fee as set forth in the Code of the Village of Mastic Beach.

B. Special permit requirements for towers/antennas.

(1) Information required. Applications for a special use permit for a tower shall include the following:

(a) A scaled site plan which meets all the requirements of this chapter.

(b) Setback distance(s) between the proposed tower and the nearest existing residential dwellings and residentially zoned properties.

(c) Separation distance(s) from other towers described in the inventory of existing sites submitted with the application shall be shown on an updated site plan or map, identification of the type of construction of the existing tower(s) and the owner/operator of any existing tower(s), if known.

(d) A written description of the application’s compliance with all applicable requirements of this article and with all applicable federal, state and local laws.

(e) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(f) A description of the suitability of existing towers and/or other structures and/or alternative technology, and the services contemplated for the use of the proposed tower.

(g) All information required for special use permit.

(2) The Zoning Board shall consider the following factors in determining whether to issue a special use permit, in addition to the standards for consideration of special use permit applications set forth in the Code of the Village of Mastic Beach:

(a) Height of the proposed tower;

(b) Proximity of the tower to residential structures and residential district boundaries;

(c) Nature of existing and/or proposed uses on adjacent and nearby properties;

(d) Site and/or surrounding topography;

(e) Surrounding tree coverage and foliage;

(f) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(g) Proposed ingress and egress; and

(h) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of new towers and/or structures.

(i) The Board may waive or reduce the burden on the applicant of one or more of these criteria if it concludes that the goals of this article are better served thereby.

(3) No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Board of Appeals that no existing tower, structure or alternative technology not requiring the construction/alteration of new towers or structures can accommodate the applicant’s proposed antenna. An applicant shall submit any information requested by the Zoning Board of Appeals related to the availability of suitable existing towers, other structures or alternative technology.

Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant’s proposed antenna may consist of any or all of the following:

(a) That no suitable (as to height and structural strength) towers or structures are located within the geographic area which meet applicant’s engineering requirements, or that the applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna and/or that there are other limiting factors that render existing towers and structures unsuitable.

(b) That the fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(c) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable.

Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(4) Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required:

(a) Towers shall be set back a distance equal to at least 150% of the height of the tower from any adjoining lot line.

(b) Accessory buildings shall satisfy the minimum zoning district setback requirements in the zoning district where the tower or antenna is proposed.

(c) Provided, however, that the Board of Zoning Appeals may reduce the standard setback to no less than 75% of the height of the tower from any adjoining lot line and may reduce the setbacks for accessory buildings if the goals of this article would be better served thereby.

(5) Separation. The following separation requirements shall apply to all towers for which a special use permit is required; provided, however, the Board of Zoning Appeals may reduce the standard separation requirements if the goals of this article would be better served thereby:

(a) Separation between towers. Separation distances between towers shall be applicable to and measured between the proposed tower and preexisting towers; separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan for the proposed tower. The separation distances between towers shall be 5,000 linear feet.

(6) Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall be equipped with appropriate anti-climbing devices; provided, however, that the Zoning Board of Appeals may waive such requirements as it deems appropriate.

(7) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Zoning Board of Appeals may waive such requirements if the goals of this ordinance would be better served thereby.

(a) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property. Deciduous or tree plantings may be required. The standard buffer shall consist of at least one row of native mixed evergreen shrubs or trees capable of forming a contiguous hedge at least eight feet in height shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

(b) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the Zoning Board of Appeals.

(c) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

13-8 Site Plan

An applicant must submit a site plan application to the Planning Board pursuant to the requirements of this chapter. Such site plan application shall be submitted prior to any application for a special permit to the Board of Zoning Appeals.

13-9 Removal of Abandoned Antennas and Towers

Any antenna or tower that is not operated for a continuous period of 12 months shall be deemed abandoned. The owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Village notifying the of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner’s expense. In the event that two or more entities using a single tower, then this provision shall not apply unless all uses cease with respect to such tower.

13-10 Nonconforming Uses

Preexisting towers shall be permitted as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance of a preexisting tower shall comply with the requirements of this chapter.

ARTICLE XIV  STORM WATER CONTROL

14-1 Definitions

The terms used in this article or in documents prepared or reviewed under this article shall have the meaning as set forth in this section:

APPLICANT

A property owner or agent of a property owner who has filed an application for a development activity.

BUILDING

Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

CHANNEL

A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

CLEARING

Any activity that removes the vegetative surface cover.

DEDICATION

The deliberate appropriation of property by its owner for general public use.

DEPARTMENT

The New York State Department of Environmental Conservation.

DESIGN MANUAL

The New York State Storm water Management Design Manual, most recent version including applicable updates, that serves as the official guide for storm water management principles, methods and practices.

DEVELOPER

A person who undertakes land development activities.

EROSION CONTROL MANUAL

The most recent version of the “New York Standards and Specifications for Erosion and Sediment Control” manual, commonly known as the “Blue Book.”

GRADING

Excavation or fill of material, including the resulting conditions thereof.

IMPERVIOUS COVER

Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

INDUSTRIAL STORMWATER PERMIT

A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial storm water discharges or specifies on-site pollution control strategies.

INFILTRATION

The process of percolating storm water into the subsoil.

JURISDICTIONAL WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophilic vegetation.

LAND DEVELOPMENT ACTIVITY

Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of more than 5,000 square feet (1/8 acre), with an exemption if the amount of impervious cover created does not exceed 1,000 square feet, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

LANDOWNER

The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

MAINTENANCE AGREEMENT

A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of storm water management practices.

NONPOINT SOURCE POLLUTION

Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

PHASING

Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

POLLUTANT OF CONCERN

Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

PROJECT

Land development activity.

RECHARGE

The replenishment of underground water reserves.

SEDIMENT CONTROL

Measures that prevent eroded sediment from leaving the site.

SENSITIVE AREAS

Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify storm water control standards.

STABILIZATION

The use of practices that prevent exposed soil from eroding.

STOP-WORK ORDER

An order issued which requires that all construction activity on a site be stopped.

STORMWATER

Rain water, surface runoff, snow melt and drainage.

STORMWATER HOTSPOT

A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical storm water runoff, based on monitoring studies.

STORMWATER MANAGEMENT

The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

STORMWATER MANAGEMENT FACILITY

One or a series of storm water management practices installed, stabilized and operating for the purpose of controlling storm water runoff.

STORMWATER MANAGEMENT OFFICER

An employee or officer designated by the municipality to accept and review storm water pollution prevention plans, forward the plans to the applicable municipal board and inspect storm water management practices.

STORMWATER MANAGEMENT PRACTICES (SMPs)

Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or non-point source pollution inputs to storm water runoff and water bodies.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

A plan for controlling storm water runoff and pollutants from a site during and after construction activities.

STORMWATER RUNOFF

Flow on the surface of the ground, resulting from precipitation.

SURFACE WATERS OF THE STATE OF NEW YORK

Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal

area in wetlands) nor resulted from impoundment of waters of the state.

WATERCOURSE

A permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.

WATERWAY

A channel that directs surface runoff to a watercourse or to the public storm drain.

14-2 Storm Water Pollution Prevention Plan Required

No application for approval of a land development activity shall be reviewed until the appropriate board has received a Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in Local Law No. ??

14-3 Contents of Storm Water Pollution Prevention Plans

A. All SWPPPs shall provide the following background information and erosion and sediment controls:

(1) Background information about the scope of the project, including location, type and size of project;

(2) Site map/construction drawing(s) for the project, at a scale no smaller than one inch equals 100 feet, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the storm water discharges(s);

(3) Description of the soil(s) present at the site;

(4) Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance.  Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than one acre shall be disturbed at any one time unless pursuant to an approved SWPPP;

(5) Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in storm water runoff;

(6) Description of construction and waste materials expected to be stored on site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to storm water, and spill prevention and response;

(7) Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project closeout;

(8) A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

(9) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

(10) Temporary practices that will be converted to permanent control measures;

(11) Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;

(12) Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(13) Name(s) of the receiving water(s);

(14) Delineation of SWPPP implementation responsibilities for each part of the site;

(15) Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and

(16) Any existing data that describes the storm water runoff at the site.

B. Land development activities as defined in § 530-70 of this article and meeting

Condition “A,” “B” or “C” below shall also include water quantity and water quality controls (post-construction storm water runoff controls) as set forth in Subsection C below as applicable:

(1) Condition A — Storm water runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department’s 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in storm water have been identified as a source of the impairment.

(2) Condition B — Storm water runoff from land development activities disturbing five or more acres.

(3) Condition C — Storm water runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

C. SWPPP requirements for Condition A, B and C:

(1) All information in Subsection A of this section;

(2) Description of each post-construction storm water management practice;

(3) Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction storm water management practice;

(4) Hydrologic and hydraulic analysis for all structural components of the storm water management system for the applicable design storms;

(5) Comparison of post-development storm water runoff conditions with predevelopment conditions;

(6) Dimensions, material specifications and installation details for each post-construction storm water management practice;

(7) Maintenance schedule to ensure continuous and effective operation of each post-construction storm water management practice;

(8) Maintenance easements to ensure access to all storm water management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;

(9) Inspection and maintenance agreement binding on all subsequent landowners served by the on-site storm water management measures;

(10) Plan certification. The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all storm water management practices meet the requirements in Local Law No. ???

14-4 Other Environmental Permits

The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final storm water design plan.

14-5 Contractor Certification

A. Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or storm water management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: “I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Storm water Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards.”

B. The certification must include the name and title of the person providing the signature; address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

C. The certification statement(s) shall become part of the SWPPP for the land development activity.

14-6 On-Site Copy of SWPPP Required

A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

14-7 Performance and Design Criteria for Storm Water Management and Erosion and Sediment Control

All land development activities shall be subject to the following performance and design criteria:

A. Technical standards. For the purpose of this article, the following documents shall serve as the official guides and specifications for storm water management. Storm water management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article:

(1) The New York State Storm water Management Design Manual (New

York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the “Design Manual”).

(2) New York Standards and Specifications for Erosion and Sediment

Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the “Erosion Control Manual”).

B. Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

14-8 Maintenance and Inspection of Storm Water Facilities during Construction

A. The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of Local Law No. ???.  Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

B. For land development activities as defined in § 530-70 of this article and meeting Condition A, B or C in § 530-71, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log book and a copy delivered to the Storm water Management Officer within 24 hours of the entry.

14-9 Maintenance Easement(s)

Prior to the issuance of any approval that has a storm water management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the storm water management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Village of Mastic Beach to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by Local Law No. ????  The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Counsel for the Village of Mastic Beach.

14-10 Maintenance of Storm Water Facilities after Construction

The owner or operator of permanent storm water management practices installed in accordance with Local Law No. ?? shall ensure they are operated and maintained to achieve the goals of Local Law No???. Proper operation and maintenance also includes as a minimum, the following:

A. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of Local Law No. ???

B. Written procedures for operation and maintenance and training new maintenance personnel.

C. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 530-73-3.

14-11 Maintenance Agreements

The Incorporated Village of Mastic Beach shall approve a formal maintenance agreement for storm water management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The Incorporated Village of Mastic Beach, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future storm water management facility, provided such facility meets all the requirements of Local Law No. ???, and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

ARTICLE XV  COMMERCIAL EXTERIOR FACADES, SIGNAGE AND ILLUMINATION

Legislative Intent

A. The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs,  outdoor signs of all types, interior signs, facade designs and lighting of facades, lighting for signage or commercial properties in general and any signs or illumination placed within four feet of the viewable space of an exterior window. A further purpose of this article is to protect property values, create a more attractive economic and business climate, and enhance and protect the physical appearance of the community. It is further intended to reduce sign clutter and/or advertising distractions and obstructions that may contribute to traffic accidents, and to reduce hazards that may be caused by signs or excess illumination overhanging or projecting over public rights-of-way.

B. The provisions of this article shall govern the design, construction, erection, alteration, repair and maintenance of all signs as well as the use of appurtenant and auxiliary devices that affect facade appearance, property appearance, and exterior illumination.

15-1 Definitions

As used in this article, the following words and phrases shall have the following meanings:

ACCESSORY SIGN

Any sign related to a business or profession conducted upon or from the premises where such sign is located.

ANIMATED SIGN

Any sign which is designed and constructed to give its message through a sequence of progressive changes of parts (including sequins or similar devices) or lights or degree of reflection of lighting, excluding time and temperature signs.

APPLICANT

Any person or entity who is making application for a permit under this article.

AWNING

A roof-like retractable or permanent covering of cloth or other material with or without a frame and attached to or supported by a building.

BANNER

A piece of fabric or cloth that may be hung for the purpose of advertising or announcement.

BILLBOARD [not permitted]

A sign bearing a message unrelated to the business or the commercial entity on which it is located or bearing a noncommercial message to serve as a message for an owner who does not conduct business at the location of said sign.

DETACHED DIRECTORY SIGN

A sign indicating a directory of businesses within a complex, mall or office building.

EXTERIOR LIGHTING

Any use of lighting on the exterior of a storefront or business or commercial building or property.

EXTERIOR SIGN

Any sign located upon or in front of or visible from the exterior of a storefront, business or commercial building or property.

EXTERIOR WINDOW

Any window easily viewed from the exterior of a storefront or business or commercial building or property.

FREESTANDING SIGN

A sign supported by uprights or braces itself in or upon the ground and not attached to any part of a building.

FACADE

The decoration, architectural design, or the outward appearance, of a storefront or business or commercial building or property.

INTERIOR SIGN

Any sign located on the inside of a window or within four feet of the inside of an exterior window or other opening in a building or other enclosed structure which is visible from the exterior through such a window or other opening to attract the attention of the public. This term does not include merchandise located within a window.

NEON SIGN

Any sign or display of lighting or decoration that uses neon or similar gases for illumination.

PERSON

Any person or entity of any kind.

POLE SIGN

Any freestanding sign supported by a single pole without guy wires, braces or other supporting framework.

POLITICAL SIGN

Any sign that indicates the name, cause or affiliation of any person seeking public office or that indicates an issue for which a public election has been scheduled.

PROJECTING SIGN

A sign designed to project beyond any face of a building and/or perpendicular to the face of the building.

ROOF SIGN

A sign that is erected, constructed or maintained on, above, or as a part of any building.

SIGN

Any display, whether constructed or otherwise, which is attached to any structure or part thereof, or is painted or represented thereon, that displays any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement, or which can be reasonably determined to be a sign as the term is used in common parlance and understanding. Excluded from this definition is any flag, pennant or insignia of any nation, state, or other governmental unit.

TRADITIONAL SIGN

Any flat sign that is made of wood, fiberglass, metal or other traditional architectural material that does not have illumination as a part of its construction, and which represents a business, store or commercial entity.

WINDOW DISPLAY

The decoration intended to attract to, or entertain customers at, any exterior window.

[Flashing signs not permitted]

15-2 Permit Application, Compliance and Fees

A. No person shall:

(1) Erect, alter, paint with a new message, redesign, relocate or reconstruct any sign without first obtaining a permit from the Building Department.

(2) Erect, alter, redesign, relocate or reconstruct any illuminating device on a building, storefront or commercial property within four feet of any exterior window without first obtaining a permit from the Building and Housing Department.

(3) Design, redesign, alter, rearrange or construct any part of a building, storefront or commercial property facade without first obtaining a permit from the Building Department.

B. A permit is not required for maintenance, repair, repainting or like-kind replacement of any sign, illuminating device or facade of or upon any building, storefront or commercial property.

C. Permit application. Application for any permit under this article shall be made upon such form or forms as are required by the Building Department. The applicant shall supply nine copies of to-scale drawings or plans, which shall include dimensions and colors. A letter of consent from the owner of the property shall be supplied with nine copies of a survey of the property upon which the sign shall be erected, and showing the location of the sign.

D. Any sign, structure or portion thereof which no longer advertises an existing business or product available for purchase from the property shall be removed by the property owner within 60 days of the close of the business, or within 30 days of notification by the Building Department. The failure of a property owner to remove the sign after notification pursuant to this section shall constitute a violation of the Village Code and shall be subject to the penalties set forth in § 435-6 of this chapter.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. All fees for a permit under this article shall be set by resolution of the Board of Trustees.

F. Enforcement. The Building Inspector or other appointed official or employee of the Village shall enforce the provisions of this article. Any sign, lighting or facade shall be removed or made safe by the property owner, at the direction of the Village, for the following reasons:

(1) The sign, lighting device or structural facade part or parts are deemed by the

Building Inspector to be dangerous, unsafe or in a state of severe deterioration.

(2) The business, commercial entity or occupant of the property no longer conducts business in or upon the property, and has abandoned the service, occupation or production of items for sale at the site for a period of more than 60 days.

(3) The business, commercial entity or occupant of said property installs any sign, lighting device or facade without first obtaining a permit under this article, or does so in a manner inconsistent with any permit obtained under this article.

G. All signs, lighting and facades must be kept in a good state of repair and neatly painted or finished. Signs, lighting and facades must be maintained in a good state of repair at all times.

H. Construction standards. Signs, lighting devices and awnings shall be securely mounted and in accordance with applicable building codes. Signs shall not protrude above roof lines unless authorized by special permit of the Architectural Review Board. New electrical installations and like-kind repair or replacement of existing electrical installations which affect signs, lighting devices or facades shall require certification by an electrical underwriter, and such certificate shall be filed with the Building and Housing Department.

I. Review and appeal. Any person aggrieved by a decision of the Architectural Review Board may seek relief before the Zoning Board of Appeals by filing an application for review by the ZBA within 30 days of the date of the decision of the ARB to be reviewed.

J. Violations and penalties. Any violation of the provisions of this article shall constitute an offense and shall be subject to the penalties set forth in § 435-6 of this chapter. A violation that exists for more than seven days shall constitute a new violation, and a violation existing for each successive seven-day period shall constitute a new violation, each without the need for issuance of additional process.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

15-3 Signs, Illumination and Facades

A. The Building Inspector shall refer, and the Architectural Review Board shall review, all applications for signs, illumination, awnings and facades in accordance with the provisions of this article.

B. Nonconforming uses. Any sign or lighting device existing prior to the date of adoption of this article that does not meet the criteria herein defined shall be considered nonconforming. Upon the discontinuance of use of the business, storefront or commercial property, or upon the relocation or sale of the business, storefront or commercial property to a new owner, or upon the renovation, redesign or re installation, or improvement of a sign, lighting device or facade, such sign, device or facade shall be subject to the permit provisions of this article and such nonconforming use shall cease.

C. Awnings. Awnings shall be retractable in construction or of the stationary shed type.

D. Facades. Any design, redesign or removal of a structure, masonry change, painting or other modification to be performed on any building, storefront or business property shall first receive approval from the Architectural Review Board.

E. Window lettering. Window lettering, such as hand painted, computer generated or vinyl “stick-on” to be placed within exterior windows shall require approval of the Architectural Review Board.

F. Window displays. The stacking or storage of goods, wares, supplies or bulk items within any exterior window is prohibited. Individual products may be used as part of a window display as a decorative attraction to customers.

G. A permit is required for business, commercial properties or storefronts wishing to display special flags and banners other than those described in this article.

15-4 National Chain Stores or Businesses

The [Strike:  Architectural Review”] Planning Board may give consideration to the use of national brand name themes, facades and signs within any district.

15-5 Signs Not Requiring Permits

The following signs are permitted in any use district without need of a permit, unless otherwise stated:

A. “For Sale” or “For Rent” signs: One “For Sale” or “For Rent” sign, not larger than three square feet in area, advertising only the property upon which it is located shall be allowed. All such signs shall be set back from any street or curb line not less than 10 feet in any residential district. Such signs shall be set back from any street or curb line not less than 30 feet in a commercial or business district that does not have a storefront or façade within such setback, and where a storefront or facade does exist within the setback, any sign shall be affixed in the interior of such storefront or facade.

B. Subdivision and acreage signs: for each parcel of property, not more than two signs, each no larger than 24 square feet in area, advertising only the premises on which it is erected. All such signs shall be set back from any street or curb line not less than 30 feet in any residential district.

C. Political signs: All political signs shall be not larger than 16 square feet in area, and erected not more than 45 days prior to date of election and removed within three days after the election to which the sign relates.

D. Historical markers, tablets, statues, memorial signs, plaques, names of buildings and dates of erection when cut into masonry or stone or engraved or molded in bronze, stainless steel or similar material.

E. Flags and insignias of any government, affiliation or organization except when displayed in connection with a commercial promotion and excepting “Grand Opening” banners which may be displayed for a period of no longer than 60 days.

F. On-premises directional signs for the convenience of the general public, entrance, exit and safety signs, not exceeding four square feet in area.

G. Warning, private drive, posted or no trespassing signs not exceeding two square feet in area.

H. One on-premises sign, either freestanding or attached, identifying a professional office, not exceeding four square feet in area, within any residential zone. All such signs shall be set back from any street or curb line not less than 10 feet.

I. Number and house plates identifying residences which are mounted on the home, apartment or mailbox, or by lawn plate and which do not exceed two square feet in area.

J. Garage sale signs when erected on private residences and which do not exceed four square feet in size and which are limited to a display period not to exceed four days.

K. One sign on any premises not to exceed eight square feet in area within the residential district and 16 square feet in area within any other district listing the architect or contractor that is in the process of renovating, constructing or otherwise modifying any structure.

L. Industry standard price signs and display signs on gasoline pumps and/or under or attached to main business signs.

M. Holiday decorations which shall be limited to a period of not more than 60 days prior to the holiday, and which shall be removed within 30 days of the passage of the holiday.

N. Time and temperature signs with no advertising attached which do not exceed 12 square feet in area per side.

O. Open,  closed or hours of operation signs not exceeding three square feet in area, which may be posted on the interior of any exterior window or door.

P. Barber poles that do not exceed eight feet in height.

Q. Bulletin boards not exceeding 32 square feet in area.

15-6 Signs Requiring Permits

The following signs are allowable upon issuance of a sign permit by the Building Inspector:

A. Professional signs: one sign, not larger than two square feet in area, bearing only the name and profession of the resident practitioner, with not less than a five-foot front yard setback.

B. Detached or ground signs: in business and industrial districts only, one sign, not larger than 30 square feet and not exceeding nine feet in height, advertising only the business conducted on the premises on which erected and only when detached from any building or structure, with not less than a twenty-foot front yard setback; provided, however, that if the average front setback of existing buildings on the same side of the street within the same block is less than 10 feet, then not less than the average setback so established.

C. Wall signs: in business and industrial districts only, one sign attached to or incorporated in each building wall on a public street and advertising only the business conducted in such building, when such sign does not:

(1) Exceed in total area two square feet for each horizontal foot of such wall;

(2) Exceed in width 75% of the horizontal measurement of such wall;

(3) Exceed 15 feet in height; and

(4) Project more than one foot from such wall.

15-7 Permit Fees

No sign for which a permit is required shall be erected unless and until payment is made of a fee in an amount as shall be set from time to time by resolution of the Board of Trustees per square foot of sign area. Such signs shall at all times bear the permit number prominently and permanently affixed on the face thereof. Failure to so affix the permit number shall constitute cause for revocation of the permit by the Building Inspector in addition to any other penalties or remedies prescribed by this chapter.

Editor’s Note: The current Fee Schedule is on file in the office of the Village Clerk.

ARTICLE XVI  EXTERIOR LIGHTING STANDARDS

Purpose

A. The general purpose of this article is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky by establishing provisions and a process for review of exterior lighting.

B. This article establishes provisions for exterior lighting in order to accomplish the following:

(1) To provide safe roadways for motorists, cyclists and pedestrians;

(2) To protect against direct glare and excessive lighting;

(3) To ensure that sufficient lighting can be provided where needed to promote safety and security;

(4) To prevent light trespass in all areas of the Village;

(5) To protect and reclaim the ability to view the night sky;

(6) To allow the flexibility in the style of lighting fixtures;

(7) To provide lighting guidelines;

(8) To discourage the wasting of energy used to produce excessive lighting;

(9) To provide assistance to property owners and occupants in bringing nonconforming lighting into conformance with this article.

(10) To minimize the impact of stray lighting on human health, habitat and environment.

16-2 Definitions

As used in this article, unless otherwise expressly stated, the following terms shall have the meanings indicated:

AREA LIGHT

A luminaire designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 (100 watts incandescent) lumens.

AVERAGE HORIZONTAL FOOTCANDLE

The average level of illuminance for a given situation measured at ground level with the light meter placed parallel to the ground.

ESSENTIAL LIGHTING

Lighting that is used for a specified period of time, which is necessary for a specific task or purpose while said task or purpose is actively being performed.

This includes lighting that is necessary to promote public safety or facilitate public circulation.

EXCESSIVE LIGHTING

Illuminance levels beyond that which is required for safety, as is indicated on the Table of Limits of Illumination Levels. (See Table 3.)

Editor’s Note: Said table is on file in the Village offices.

EXTERIOR LIGHTING

Temporary or permanent lighting equipment that is installed, located or used in such a manner with the intention to cause light rays to shine outdoors.  Luminaires located indoors that are intended to light something outside are considered exterior lighting for the purposes of this article.

FIXTURE (also called “LUMINAIRE”)

The bulb, the assembly that holds the bulb (or lamp) in a lighting system, and the mounting apparatus, including reflecting elements, shielding elements, cover glass or lenses, the ballast, and the housing.

FLOODLIGHT

A fixture rated to produce over 1,800 lumens (100 watts incandescent), regardless of the number of bulbs, and is designed to flood an area with light.

FOOTCANDLE (FC)

The American unit of illuminance (the amount of light falling on a surface). One foot candle is approximately equal to the illuminance produced by a light source of one candle, measured on a surface one foot away from the source. Horizontal foot candles measure the illumination striking a horizontal plane. Foot candle values can be measured directly with certain hand held incident light meters.

FULL CUTOFF (FCO)

A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer as produced by an independent lab. A cutoff, or semi-cutoff, design allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the horizontal.

FULLY SHIELDED

A luminaire constructed, lamped, and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. A full cutoff fixture is also fully shielded, but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer’s report.

GLARE

Stray, unshielded light striking the eye that may result in:

A.  Nuisance or annoyance, such as light falling across property lines;

B.  Discomfort, such as bright light causing squinting of the eyes;

C.  Disability, such as bright light reducing the ability of the eyes to see into shadows and visual performance; or

D.  Distracting light which diverts the eye from a visual task.

HID LIGHTING

A family of bulb types known as “high intensity discharge,” including high pressure sodium, mercury vapor, and metal halide. These types require a warm-up time, usually require a ballast, and have a higher lumen output per watt than incandescent or halogen lamps.

HOLIDAY LIGHTING

Temporary lights used to celebrate holidays. Holiday lighting includes, but is not limited to, strings of small individual lights, illuminated menorahs, illuminated nativity scenes, illuminated candles, and various yard decorations seasonal in nature.

IESNA

Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry.

IESNA RECOMMENDED PRACTICES

The publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sport slights, etc.

ILLUMINANCE

The density of light falling on any point of a surface, usually measured in foot candles in the United States. See “foot candle.”

LAMP

The generic term for an artificial light source, to be distinguished from the whole assembly (See “fixture”); commonly referred to as the “light bulb.”

LIGHT

The form of radiant energy acting on the retina of the eye to make sight possible.

LIGHTING ASSEMBLY

Any or all parts of a luminaire that function to produce light, including the bulb, assembly, ballast, mounting features and/or pole.

LIGHT POLLUTION

Any adverse effect of man-made light, including but not limited to glare, light trespass, sky glow, visual clutter, wasted energy due to excessive or unnecessary lighting, or any man-made light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna.

LIGHT TRESPASS

Light projected onto the property of another or into the public right-of-way when it is not required or permitted to do so.

LUMEN

A unit used to measure the actual amount of light that is produced by a bulb. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. For example, a seventy-five watt incandescent lamp can produce 1,000 lumens while a seventy-watt high pressure sodium lamp produces 6,000 lumens. Lumen output is listed by the manufacturer on the light bulb packaging.

LUMINAIRE

The complete lighting assembly (including the lamp, housing, ballasts, photo cells, reflectors, lenses and shields), including the support assembly (pole or mounting racket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit.

LUMINANCE

The brightness of a source of light.

MOUNTING HEIGHT

The distance from natural grade to the lowest light-emitting part of the luminaire.

NONCONFORMING

Lighting which does not meet the requirements and specifications contained herein.

NONESSENTIAL LIGHTING

Lighting which is unnecessary and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours).

PARTIALLY SHIELDED

A luminaire which is not fully shielded but incorporates a partial shield around the lamp.

PHOTOMETRICS

Technical test reports that indicate light distribution and performance from a luminaire. Photometric reports may include candlepower distribution data, cutoff classifications, foot candle charts, etc. These are generally available from the luminaire manufacturers.

REPAIR OF A LUMINAIRE OR SIGN

Any service normally provided by a licensed electrician upon a luminaire or sign.  Repair shall be considered to include replacement or modification of any of the following: poles, mounting arms, housings, hardware, wiring, ballasts, lenses, reflectors, diffusers, baffles, shields, sensors, switches, relays, power supplies, and lamp replacement modules which contain any of the items listed above.  Replacement of a user-serviceable lamp will not by itself be considered a repair.

SKYGLOW

The overhead glow from light emitted sideways and upwards, including light reflected upward from the ground or other surfaces. Sky glow is caused by the reflection and scattering of various forms of light by dust, water, and other particles suspended in the atmosphere. Among other effects, sky glow reduces one’s ability to view the night sky. Different sources of light, in equal quantities, can contribute differently to sky glow.

TEMPORARY LIGHTING

Lighting that is intended to be used for a specific event and removed within seven days thereafter.

UNIFORMITY RATIO (U RATIO)

A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum-to-minimum illuminance or the average-to- minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of 4:1 for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot.

UNSHIELDED FIXTURE

A fixture which, as designed or installed, emits all or part of the light emissions above the lowest light emitting part of the fixture.

16-3 Applicability; Nonconforming Lighting; Exceptions

A. All exterior lighting, installed, replaced, altered, changed, repaired or relocated after the effective date of this article shall conform to the provisions established by this article except as provided hereto.

B. Existing exterior lighting in conflict with this article shall be classified as “nonconforming.” Except as provided elsewhere in this article, all exterior lighting existing or installed prior to the date of the adoption herein, which does not conform with the provisions of the article, shall be exempt, provided that the following requirements are met:

(1) Upon adoption of this article, with any installation, replacement, alteration, change, repair, or relocation of any nonconforming luminaire, such luminaire shall be brought in compliance with the terms of this article.

(2) To the extent that preexisting residential exterior floodlights can accommodate lamps of a total of less than 1,800 lumens (one-hundred-watt incandescent), said exterior lighting shall be equipped with a lamp or lamps of a total of less than 1,800 lumens (one hundred-watt incandescent) per fixture and, to the extent possible, be angled downward, such that the center beam is not directed above a forty-five-degree angle measured from the vertical line drawn from the center of the lamp to the ground, and so as not to cause glare, light trespass, or beam spread beyond the intended target or across property lines.

Operable photocells, motion sensors, timers that allow a light to go on at dusk and off by 11:00 p.m., as well as retrofit shields are encouraged to alleviate nuisance and disability glare.

(3) Lighting that is determined by municipal law enforcement to contribute to a condition of disabling or distracting glare into a public roadway may be ordered to be changed or removed at any time.

(4) Nonessential lighting can be ordered extinguished, including mobile or ground-mounted searchlights, laser light shows, decorative flashing, blinking, or tracing lights, exclusive of exempt holiday lighting.

C. Exceptions.

(1) Unshielded residential luminaires. Unshielded residential luminaires equal to one sixty-watt incandescent lamp per fixture, regardless of number of lamps, are allowed, provided light trespass limitations are met.

(2) Vehicular lights and all temporary emergency lighting needed by the fire, ambulance, police departments or other emergency services are exempt.

(3) Holiday exterior lighting. Holiday exterior lighting lit between October 15 and January 15 of the following year.

(4) Residential sensor-activated luminaires, provided:

(a) The luminaire is operational and located in such a manner, or shielded, to prevent glare and light trespass;

(b) The luminaire is set to only go on when activated and to go off within five minutes after activation has ceased; and

(c) The sensor shall not be triggered by activity off the property.

(d) The luminaire output, regardless of the number of lamps, does not exceed 1,800 lumens (100 watts incandescent).

(5) Illumination of signs permitted pursuant to the Village of Mastic Beach Code regarding signs, and any amendments made hereto.

(6) In situations of lighted flags which are not illuminated with “downward” lighting, upward lighting may be used in the form of a single ground-mounted narrow cone spotlight which confines the illumination to the flag, provided the lumen output is no more than 1,300 lumens, regardless of the number of lamps. The Village encourages the tradition of lowering flags at sunset to avoid the need for lighting.

(7) Lighting of radio, communication and navigation towers is allowed, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this article, and that the provisions of this article are otherwise met to the fullest extent possible. Tower lighting shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity and red, unless specifically forbidden under FAA requirements. Towers which are constructed no higher than 199 feet are preferable to avoid the need for FAA lighting.

16-4 Placement and Height of Fixtures for Residential and Nonresidential Exterior Lighting

A. No residential or nonresidential luminaires shall be taller than 20 feet from the natural grade to the lowest light-emitting part of the fixture. Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level.

B. Luminaires for municipal playing fields and new municipal streetlights shall be exempt from the height restriction, provided all other provisions of this article are met.

C. Privately owned or leased light fixtures located on public utility poles or located in the public right-of-way are prohibited.

D. All exterior lighting rated to be lamped at 1,800 lumens (100 watts incandescent) and greater shall use full cutoff luminaires, as determined by photometry test or certified by the manufacturer, and installed as designed with the light source directed downward. All exterior lighting 1,800 lumens (100 watts incandescent) and less shall use fully shielded fixtures and shall be installed as designed.

16-5 Illumination Levels and Prohibited Effects for Residential and Nonresidential Exterior Lighting

A. All residential and nonresidential exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting.

B. All lighting in the Village of Mastic Beach shall not exceed recommended light levels as listed in Table of Illumination Limits, Table 3.

Editor’s Note: Said table is on file in the Village offices.

C. All streetlight luminaires shall be full cutoff, except that a historic-style decorative luminaire may emit up to 2% of its total lumens above the horizontal plane; and

(1) For roadway lighting a determination is made that the purpose of the lighting installation or replacement cannot be achieved by installation of reflectorized  roadway markers, lines, warnings, informational signs, or other passive means; and

(2) Adequate consideration has been given to conserving energy and minimizing glare, sky glow, and light trespass.

16-6 Luminance and Type of Lamp for All Nonresidential Exterior Lighting

A. Permissible luminaire location and effects.

(1) No luminaire shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. See Table 1 and Table 2 for setback, height, and maximum light output recommendations for guidance.

Editor’s Note: Said tables are on file in the Village offices.

(2) The maximum luminance at or beyond the property line that adjoins a residential parcel or public right-of-way may not exceed 0.05 fc horizontal on the ground or 0.05 fc vertical measured at a five-foot height above the ground, unless another applicable law supersedes. Maximum horizontal or vertical illuminance allowed between adjacent commercial properties is 0.1 fc.

B. Permissible levels of illuminance.

(1) The average luminance levels listed in the Illumination Levels for Various Common Tasks, as provided in Table 3, shall not be exceeded for nonresidential exterior lighting unless otherwise specified or approved by the reviewing board, department, division or agency of the Village of Mastic Beach.

Editor’s Note: Said table is on file in the Village offices.

(2) The Village Mastic Beach recognizes that not every situation will require lighting, including situations which may utilize the installation of reflectorized markers, lines, signs or other passive means, and excessive or unnecessary light shall be avoided.

(3) Luminance level measurements for parking lots, sidewalks, and other walkways shall include light contributions from nearby side-mounted building lights, freestanding sidewalk lights affected by side-mounted building lights, and streetlights.

(4) In no instance may any lighted surface, as installed, except for municipal athletic fields, exceed the maximum values listed in Table 3 for the appropriate task, as measured horizontally or vertically by a light meter.

Editor’s Note: Said table is on file in the Village offices.

C. High-pressure sodium, compact fluorescent, or low-pressure sodium shall be used for all light sources rated over 1,800 lumens (100 watts incandescent). Metal halide (MH) rated over 3,000K and mercury vapor (MV) light sources are not permitted.

16-7 General Standards for Nonresidential Exterior Lighting

A. All exterior lighting shall be designed, located, and lamped in order to prevent:

(1) Over lighting;

(2) Energy waste;

(3) Glare;

(4) Light trespass; and

(5) Unnecessary sky glow.

B. All conforming and nonconforming exterior lighting shall be turned off within ½ hour after the close of business and no later than 11:00 p.m. for those businesses that are closed to the public on or before 9:00 p.m. Lights that are controlled by photocells and timers are encouraged, as is the use of sensor-activated lights to replace existing lighting which may be needed for safety or emergency purposes.

C. Under-canopy lights, such as service station lighting, shall be full cutoff and fully recessed to prevent glare and light trespass. Illuminance levels at gas stations shall not exceed those established in Table 3.

Editor’s Note: Said table is on file in the Village offices.

D. Area exterior lights. All area exterior lights shall be full cutoff luminaires.

E. After the adoption of this article, no person, firm, owner, tenant, person in possession, partnership, corporation or other business entity shall install, replace, re lamp, or repair any luminaire that lights a public right-of-way within the Village of Mastic Beach, under the Village’s jurisdiction, without first receiving prior written approval for such installation from the applicable board, department, division or agency of the Village of Mastic Beach.

F. Automatic teller machine (ATM) and other bank lighting shall be full cutoff and shall not cause glare or light trespass. Light levels shall not exceed those established by the New York State ATM Lighting Law as enacted in 2006.

G. Unshielded wall packs and floodlights are prohibited.

16-8 Procedures for Review of Nonresidential Exterior Lighting

A. Any application submitted to any board, department, division or agency of the Village of Mastic Beach shall include exterior lighting plans, luminaire and controls specifications and additional documentation if any exterior lighting is to be used, regardless of whether the exterior lighting is preexisting or proposed, showing the following, in order to verify that exterior lighting conforms to the provisions of this article:

(1) Location of each current and proposed outdoor exterior lighting fixture indicated on a site plan.

(2) Type of luminaire equipment, including cutoff characteristics, indicating manufacturer and model number.

(3) Lamp source type, lumen output, and wattage.

(4) Mounting height indicated, with distance noted to nearest property line, for each proposed and existing luminaire.

(5) Shielding and all mounting details, including pole foundation description.

(6) Initial luminance levels as expressed in foot candle measurements on a grid of the site showing foot candle readings in every five-foot square. The grid shall include light contributions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including streetlights).

(7) Statement of the proposed hours when each luminaire will be operated.

(8) Total exterior lighting lamp lumens for proposed property.

(9) Lighting manufacturer specifications (“cut sheets”) with photographs of the fixtures, indicating the cutoff characteristics of the luminaire.

(10)Detailed IES formatted photometric data for each fixture at mounting height and lumens proposed. (Note: This is computer-generated data which is supplied by all manufacturers, describing the light output of a fixture, upon which lighting plans are based. This will allow the Building Department and Planning Board to fully assess the suitability of a fixture in a lighting plan, should they wish to double check the submission.)

(11) Types of timing devices used to control on/off.

(12) If necessary, documentation by a licensed lighting engineer showing that the provisions can only be met with a design that does not comply with this article.

(13) Appropriate exterior lighting levels are dependent upon the general nature of the surroundings and the reviewing board, department, division or agency of the Village of Mastic Beach may require more or less than those listed in Table 3 which are based on the IESNA Recommended Practices Guidelines, RP 33 Lighting for Exterior Environments and RP 20 Lighting for Parking Lots.

Editor’s Note: Said table is on file in the Village offices.

B. No exterior lighting shall be installed, replaced, altered, changed, repaired, relocated, enlarged, moved, improved, or converted unless it conforms to a lighting plan approved by the applicable reviewing board, department, division or agency of the Village of Patchogue.

C. The following guidelines will be made available to applicants to facilitate compliance:

(1) Illustrations of full cutoff and full shielded fixtures.

(2) Diagrams of generally acceptable and generally unacceptable light fixtures.

(3) Diagrams of recommended fixture placement in relation to the property line to control light trespass.

(4) Table for mounting height and maximum light output recommendations.

(5) Table of limits of illumination targets for various common tasks, including parking lots, gas stations, walkways, and signs.

16-9 Guidelines for Exterior Lighting

The Guidelines for Exterior Lighting as set forth at the end of this article, and any amendments thereto, are hereby incorporated and made part of this article.

Editor’s Note: Said guidelines are on file in the Village offices.

16-10 Illegal Exterior Lighting

A. The Building Inspector shall cause a notice of such violation to be served on the owner or person in possession of the building, structure or lot where said exterior lighting is located or the lessee or tenant of the part of or of the entire building, structure or lot where said exterior lighting is located requiring such owner, person in possession, lessee or tenant to remove such illegal exterior lighting within 30 days. Such notice may be served personally or by certified mail, return receipt requested, and shall notify the owner, lessee or tenant that the failure to remove said exterior lighting may result in the issuance of an appearance ticket and/or an action in a court of appropriate jurisdiction seeking the removal of said exterior lighting.

B. Any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who fails to comply with a written order of the Building Inspector of the Village of Mastic Beach within 30 days from the date of notice or fails to comply with any lawful order, notice, directive, permit or certificate of the Building Inspector made hereunder shall be deemed in violation of this article. Failure to comply may result in actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violation of this article.

C. All exterior lighting under the jurisdiction of the Village of Mastic Beach that does not conform to these regulations shall be brought into compliance within 10 years of the effective date of the adoption of these regulations or when the light fixtures are removed or replaced, whichever occurs first.

16-11 Prohibited Acts

It shall be unlawful for any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity to install, alter, repair, move, equip, use or maintain any exterior lighting in violation of any of the provisions of this article, or to fail in any manner to comply with a notice, directive or order of the Building Inspector of the Village of Mastic Beach.

16-12 Penalties for Offenses

A. Residential exterior lighting. Violation of any of the provisions of this article by any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity related to residential exterior lighting shall be guilty of a violation, punishable by a fine not exceeding $250 or imprisonment not to exceed 15 days, or both; a person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who violates this article, after being convicted of a violation of this article within the preceding year, shall be guilty of a violation, punishable by a fine not to exceed $500 or imprisonment for a period not to exceed 15 days, or both; a person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who violates this article, after being convicted two or more times of a violation of this article within the proceeding three-year period, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 and/or imprisonment for a period not to exceed 30 days.

B. Nonresidential exterior lighting. Violation of any of the provisions of this article by any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity related to nonresidential exterior lighting shall be guilty of a violation, punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both; a person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who violates this article, after being convicted of a violation of this article within the preceding year, shall be guilty of a violation, punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed 15 days, or both; a person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who violates this article, after being convicted two or more times of a violation of this article within the proceeding three-year period, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $3,000 and/or imprisonment for a period not to exceed 30 days.

16-13 Severability

If any clause, sentence, paragraph or section of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which judgment shall have been rendered.

I hope to keep Village of Mastic Beach residents informed of progress of the VMB Zoning Commission.  This blog has been created to post the zoning code so that you can see how, and what, we’re doing.  I am going to post the code document.  Feel free to blog, if you wish.  I don’t know when, or if, I will be able to respond.  Please bring your questions/concerns to the meetings. Thank you, J

Image

Follow

Get every new post delivered to your Inbox.