Sunday, September 05, 2010
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Sunday, September 05, 2010 |
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This page provides general information about zoning rules and classifications:
This firm represents clients in obtaining zoning variances, appealing denials of zoning variances (Article 78 Proceedings), and also represents clients charged with zoning violations.
ZONING: zoning is the set of laws regulating building on land, it sets restrictions on the development and use of real estate. Much zoning law is comprised of local law, county, town and villiage law, but also involves state and federal laws as well.
VARIANCES: a variance is a legal order allowing a land owner to use his property in a way that would otherwise violate some zoning rule. A variance is granted by the local board of zoning appeals, after a request to build a project is rejected. A variance could involve a major construction project, to the placing of a shed or pool in a home owner's back yard.
ARTICLE 78 PROCEEDINGS: In real estate law, aricle 78 proceedings are lawsuits filed to challange a decision of the zoning board of appeals. It is filed in Supreme Court, the homowner is suing the village or town, to overturn a decision concerning a variance.
ZONING VIOLATIONS: Village and Town officials often will bring a real estate owner into to court, seeking the punish the owner for violating some zoning provision. The official may seek civil or criminal penalties. Although the official is seeking to have the property brought into compliance with the zoning laws, the fines may be substantial. Such violations may involve anything, from illegal apartments to buildings constructed without a permit.
The following lists some zoning rules, by location. You must call your local zoning department before engaging in any construction work, and check to see that the rules listed are current.
Nassau Towns: Hempstead: (516) 538-8500 Decks: 8 Ό or higher require a permit. Decks less than 8 Ό with permanent railing or seating require a permit. Sheds: All require a CO. AG Pools: All require a CC. Fences: Any fence over 4 feet requires a permit. Hot tubs: All require a permit. Gazebos: All require a permit.
North Hempstead: (516) 627-0590, Receiver of Taxes x-3 Decks: All require a permit. Sheds: Permit required if it is 10 ft. by 10 ft. AG Pools: All require a permit. Hot tubs: All require a permit. Fences: Can be 4 ft. max and require a permit.
Oyster Bay: (516) 624-6498 Decks: 8 or higher require a CO. Sheds: 100 sq. ft. or more require a CO if within 3 ft. of premises. Plumbing or electric within the shed also requires a permit. AG Pools: 5,000 gallons or more require a CO. Fences: Anything over 4 ft. require a permit. Hot tubs: A permit is required if it is hooked up with the plumbing from the house. No permit is necessary if the hot tub uses an outside hose. Gazebos: All require a permit. Suffolk Towns: Babylon: (631) 957-3058
Decks: 18 of higher require a CO. Sheds: 100 sq. ft. or more require a CO. All Pools: Require a permit and CO. Brookhaven: (631) 451-6333 Decks: All require a CO and permit. Sheds: 100 sq. ft. or more require a permit. AG Pools: Do not require a CO. East Hampton: (631) 324-4145 Decks: Building and CO permit required. Sheds: Building and CO permit required. AG Pools: Building permit and CO required along with a state survey. Fences: No permit if 4 ft. in front, 6 ft. in rear. If taller, need approval from ARB. Hot tubs: Portable with plug in: no requirement. Hardwired requires permits (need setbacks same from pool area). Gazebos: Open: no permit. Roof: Requires permit. Huntington: (631) 351-3196 Decks: 8 or higher and must be 5 ft. from property line requires a permit. Sheds: Must be 3 ft. from property line and if the shed is under 199 sq. ft., a CO is required. AG Pools: If the pool is over 5 ft., a CO is required. Fences: Over 6 ft. require a permit. Islip: (631) 224-5466 Decks: 18 or higher or has a roof requires a CO. Sheds: 140 sq. ft. or more, or if more than one shed requires a CO. AG Pools: All require a CO . Fences: Do not require a CO but has to be within proper zoning codes. Hot tubs: All require a CO. Gazebos: All require a CO. Riverhead: (631) 727-3200 Decks: All require permits. Sheds: 100 sq. ft. or more require a permit (as long as its the first shed). If 5 ft. from property lines and 10 ft. from any structure in the yard/secure requires a permit. Gazebos: All require a CO. AG Pools: All require permit/CO. Hot tubs: All require permit/CO. Fences: No permit required. Shelter Island: (631) 749-0772, Receiver of Taxes (631) 749-3338 Decks: All require a CO and building permit within setback requirements. Sheds: All require a CO and building permit within setback requirements. AG Pools: All require a CO and building permit within setback requirements. Hot tubs: All require a CO and building permit within setback requirements. Gazebos: All require a CO and building permit within setback requirements. Fences: All require a CO and building permit within setback requirements. Smithtown: (631) 360-7520 Decks: 18 or higher require a CO. Sheds: 50 sq. ft. or more require a CO. AG Pools: All require a CO. Fences: 4 ft. or higher require a permit. Hot tubs: All require a permit. Gazebos: All require a CO. Southamptom: (631) 287-5700 Decks: All require a CC if not built with original structure. Sheds: All require a CC if not built with original structure. AG Pools: All require a CC if not built with original structure. Fences: Over 4 ft. high requires a permit. Hot tubs: All require a CC. Gazebos: All require a CC. Southold: (631) 765-1802 Decks: All decks require CO and Permit. Sheds: 100 sq. ft. or less, with no plumbing or electric do not require CO. AG Pools: All require a CO. Fences: Does not require a CO unless it goes around a pool. Gazebos: Over 100 sq. ft. requires a permit. Incorporated Village and Cities: Amityville: (631) 264-6000 Decks: All require a CO. Sheds: Over 100 sq. ft. require a building permit. AG Pools: All require a permit. Hot tubs: Requires a plumbing permit. Fences: All require a fencing permit. Gazebos: All require a building permit. Asharoken: (631) 261-7098 Decks: All require a building permit and CO. AG Pools: Not permitted in village. Hot tubs: All require a building permit and CO. Fences: No permit required. Gazebos: All require a permit and CO. Sheds: All require a building permit and CO. Babylon Village: (631) 669-1300 Decks: 18 or higher requires a CO. Sheds: 90 sq. ft. and 8 ft. or higher requires a CO. AG Pools: All require a CO. Playground Set: 90 sq. ft. or more requires a CO. Bayville: (631) 628-1439 Decks: 18 or higher require a CC. Sheds: All require a CO. AG Pools: More than 5,000 gallons require a CO. Belle Terre: (631) 928-0020 Decks: All require a CO. Sheds: Must be 20 feet off property lines and cannot be in the front yard. AG Pools: Not permitted. Regular Pools: All require a permit, fences must be a minimum of 5 ft. tall, 5 ft. from the edge of the pool all around or 20 ft. in from the property line all around. Hot tubs: Same requirements as a regular pool, unless 18 deep or if they have a lock in cover. Gazebos: All require permit. Fences: All require permit. Bellport: (631) 286-0327 Decks: All require a building permit. Sheds: All require a building permit that are over 200 sq. ft.. AG Pools: All require a building permit and CO. All require fencing on perimeter of property or fencing at pool with self latching gages. Brightwaters: (631) 665-1280 Decks: All require a CO. Sheds: All require a CO. AG Pools: All require a CO. Hot tubs: All require a CO. Fences: Require a permit, No CO. Farmingdale: (631) 249-0093 Decks: Unless flush with ground, requires a CO. Sheds: 64 sq. ft. or more requires a CO. AG Pools: All require a CO and permit, must be 10 ft. from property line. Freeport: (516) 377-2242 Decks: All require a letter of completion. Sheds: 120 sq. ft. or more requires a letter of completion and permit. AG Pools: All require a letter of completion. Fences: Do not require a permit. Hot tubs: All require a letter of completion. Gazebos: All require a letter of completion. City of Glen Cove: (516) 676-2000 Decks: Requires a CO if the deck is raised and/or has one or more steps. Sheds: 100 sq. ft. or more requires a CO and building permit. AG Pools: All require a city permit. Hot tubs: No permit required. Fences: No permit required. Gazebos: 100 sq. ft. or more requires a CO and building permit. Greenport: (631) 477-1217 Decks: All require a permit. Sheds: All require a permit. AG Pools: All require a permit. Lake Grove: (631) 585-2000 Decks: 18 or higher requires a CO. Sheds: 100 sq. ft. or more requires a CO. AG Pools: All require a CO. Fences: No permit required. Gazebos: 100 sq. ft. or more requires a CO. Hot tubs: Over 100 sq. ft. and 18 deep require a permit. Lindenhurst: (631) 957-7500 Decks: 18 or higher requires a CO. Sheds: Over 100 sq. ft. requires a CO. AG Pools: Do not require a permit. Hot tubs: All require a permit. Fences: If fence is a minimum of 25 ft. from the front property line, but not forward of the house, does not require a permit. City of Long Beach: (516) 431-1000 Decks: 18 or higher requires a permit. No CO required. Sheds: Requires a permit if it is a permanent structure or more than 100 sq. ft. No CO required. AG Pools: Permit required. Hot tubs: Permit required. Fences: Permit required. North Haven: (631) 725-1378 Decks: All require a building permit and a CO. Sheds: All require a building permit and a CO. AG Pools: All require a building permit and a CO. Hot tubs: All require a building permit and a CO. Fences: All require a building permit and a CO. Gazebos: All require a building permit and a CO. Northport: (631) 261-7502 Decks: All require a CO. Sheds: All require a CO and building permit, depending on the district. AG Pools: All require a CO. Port Jefferson: (631) 473-4744 Decks: All decks made out of wood do not require a permit, anything else does require a permit. Sheds: 80 sq. ft. or more require a permit. AG Pools: All require a village permit . Hot tubs: All require a permit. Gazebos: 80 sq. ft. or more require a permit. Fences: If 3 ft. open picket in front, does not require a permit. Rockville Center: (516) 678-9300 Decks: 6 or higher require a building permit. Sheds: Over 100 sq. ft. requires a building permit, under 100 sq. ft. requires a slip permit.. AG Pools: All require a village slip permit. Hot tubs: All require a village slip permit. Fences: All require a village slip permit. Sag Harbor: (631) 725-0224 Decks: All require a CO. Sheds: All require a CO. AG Pools: All require a CO. Fences: All require a CO. Hot Tubs: All require a CO. Gazebos: All require a CO. South Hampton: (631) 204-2146 Decks: All require a CO. Sheds: Under 100 sq. ft., no CO required. AG Pools: All require a CO.
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