[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR28.12]

[Page 246-247]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 28--FIRE ISLAND NATIONAL SEASHORE: ZONING STANDARDS--Table of Contents
 
      Subpart B--Federal Standards and Approval of Local Ordinances
 
Sec. 28.12  Development standards.

    No use allowable under Sec. 28.10 may be developed, constructed, 
altered, or conducted unless it complies with the following:
    (a) A single-family home is the only type of development permitted 
in a residential district defined by a local zoning authority.
    (b) Commercial or industrial development is limited to commercial or 
business districts defined by a zoning authority within the Community 
Development District. Such development must provide a service to Fire 
Island and will not be likely to cause significant harm to the natural 
resources of the Seashore.
    (c) Minimum lot size is 4,000 square feet. A subdivision must comply 
with the subdivision requirements of the applicable zoning authority and 
may not result in development of any lot which is less than 4,000 feet.
    (d) Maximum lot occupancy for all development may not exceed 35 
percent

[[Page 247]]

of the lot. Lot occupancy is calculated to include all buildings and 
accessory structures on the property and any extension of the upper 
floors beyond the developed area on the ground level.
    (e) Lot occupancy of all privately-held improved property in the 
Seashore District is limited to 35 percent of the square footage of a 
lot that is less than 7,500 square feet, and to 2,625 square feet for a 
lot 7,500 square feet or greater. Lot occupancy is calculated to include 
all buildings and accessory structures on the property and any extension 
of the upper floors beyond the developed area of the ground.
    (f) No building or accessory structure may be erected to a height in 
excess of 28 feet as measured from the average existing ground elevation 
or the minimum elevation necessary to meet the prerequisites for Federal 
flood insurance as determined by the National Flood Insurance Program/
FEMA shown on Flood Insurance Rate Maps for Fire Island communities.
    (g) A swimming pool is an allowable accessory structure and is 
calculated in measuring lot occupancy.
    (h) No sign may be self-illuminated.
    (i) A zoning authority shall have in effect limitations, 
requirements, or restrictions on the burning of cover and trash, 
excavation, displacement or removal of sand or vegetation, and the 
dumping, storing, or piling of refuse materials, equipment or other 
unsightly objects which would pose safety hazards and/or detract from 
the natural or cultural scene.
    (j) A zoning authority shall have in place ordinances to lessen the 
potential for flood and related erosion and property losses consistent 
with the Federal Insurance Administration's National Flood Insurance 
Program criteria for ``Land Management and Use,'' as set forth in 24 CFR 
part 1910, subpart A, as it may from time to time be amended.