Village of Westhampton Beach, NY
Suffolk County
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Table of Contents
Table of Contents
[Added 9-11-1970]

§ 197-76 Power of Village Board to approve or disapprove.

[Amended 11-13-1981 by L.L. No. 18-1981; 4-8-1998 by L.L. No. 4-1998; 12-1-2005 by L.L. No. 10-2005]
The Village Board, following a public hearing, shall have the power to approve, conditionally approve or disapprove applications for proposed special exception uses which are specifically provided for in this chapter, based on the standards set forth in this chapter.

§ 197-77 Recommendations to be solicited during consideration.

[Amended 5-14-1982 by L.L. No. 9-1982; 3-9-1990 by L.L. No. 5-1990]
In considering any application for a special exception permit, except as provided for in § 197-40, the Board of Trustees shall first obtain the recommendations of the Planning Board and may request in appropriate cases that the Planning Board conduct a site plan review pursuant to § 197-63 and shall obtain the recommendations of the Architectural Review Board pursuant to Chapter 5 of the Code of the Village of Westhampton Beach. Both Boards are hereby authorized to retain expert consultants to the extent that funds are authorized. Such recommendations by the Planning Board and the Architectural Review Board shall be rendered within 60 days of a request by the Board of Trustees, or the requirement of such recommendation shall be deemed to be waived.

§ 197-78 Conditions on exception.

In granting a special exception, the Village Board may prescribe appropriate conditions and grounds in conformity with this chapter.

§ 197-79 Determinations to be made before granting exception.

The Village Board shall grant special exceptions only upon making the following determinations:
A. 
That the special exception use will not prevent the orderly and reasonable use of the adjacent properties or of properties in the surrounding area or impair the value thereof.
B. 
That the special exception use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed special exception use is to be located or of permitted or legally established uses in adjacent districts.
C. 
That the safety, health, welfare, comfort, convenience or the order of the Village will not be adversely affected by the proposed special exception use and its location.
D. 
That the special exception use will preserve and protect the environment and be in harmony with and promote the general purposes and intent of this chapter.
[Amended 5-14-1982 by L.L. No. 9-1982]

§ 197-80 Considerations to be used in making determinations.

A. 
In making the determinations required in § 197-79 above, the Village Board shall give consideration, among other things, to:
(1) 
The character of the existing and probable development of uses in the district and the particular suitability of such district for the location any special exception use.
(2) 
The conservation of property values and the encouragement of the most appropriate uses of land.
(3) 
The availability of adequate and proper public or private facilities for the treatment, removal or discharge of sewage, refuse or other effluent, whether liquid, solid, gaseous or other material, that may be caused or created by or as a result of such special exception use.
(4) 
The availability of utilities, such as electricity, gas and water, including such considerations as hook-in locations and the compatibility of these utilities for the proposed special exception use.
(5) 
Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the special exception use or by the structures to be used therefor by the inaccessibility of the plot 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.
(6) 
Whether the special exception use or the structures thereon will cause an overcrowding of land or undue concentration of population.
(7) 
Whether the operations in pursuance of the special exception 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 town or by other competent governmental agency.
(8) 
Whether the special exception will be in harmony with the ecology of the surrounding area and promote the conservation of the same.
B. 
In considering a special exception for religious use, the Trustees shall have the right to vary any of the dimensional requirements of the zoning district wherein said use is to be located. The Board of Trustees shall also have the right to vary the parking regulations based upon factors, including but not limited to the intensity of the use and the availability of parking on adjacent properties or on properties located within a distance of 200 feet from the site of the use.
[Added 10-12-1992 by L.L. No. 10-1992]

§ 197-80.1 Additional conditions on review of application for special exception permit for standard restaurant.

[Added 5-10-1993 by L.L. No. 2-1993]
A. 
Notwithstanding the provisions of any other law, rule or regulation, including but not limited to the New York State Uniform Fire Prevention and Building Code, the capacity of any standard restaurant shall be determined on the basis of one person per 15 square feet of area for all areas which are taken into consideration for such calculation as is provided for in the New York State Uniform Fire Prevention and Building Code.
B. 
There shall be no entertainment, as defined in Chapter 80, Entertainment Permits, of the Code, unless a permit has been obtained pursuant to Chapter 80.
[Added 6-8-2017 by L.L. No. 4-2017[1]]
[1]
Editor’s Note: This local law also repealed former Subsection B, regarding musical instruments, as amended, and Subsection C, regarding dancing, which immediately followed, and redesignated former Subsections D through F as Subsections C through E, respectively.
C. 
Floor plans shall be submitted with the application showing the location of all facilities, including but not limited to the bar area, the table/counter area, service areas, rest rooms, kitchen facilities, office, storage areas and other areas of use. Public areas for the service of food and patrons shall not be rearranged on a regular basis. Any change in the approved floor plans shall require an application to the Board of Trustees for a modification of the special exception.
D. 
The restaurant use and septic system must be approved by the Suffolk County Department of Health Services.
E. 
There shall be no age restrictions, cover charge or admission fees, except when authorized pursuant to a permit issued under Chapter 80.
[Amended 6-8-2017 by L.L. No. 4-2017]

§ 197-80.2 Hamlet Commercial/Residential building size. [1]

[Added 5-3-2007 by L.L. No. 7-2007]
A. 
Buildings that are proposed in the Hamlet Commercial (HC) Zoning Districts may be greater than 3,000 square feet in size, but no building shall be greater than 6,000 square feet in size, subject to one of the following standards:
(1) 
For every 1,000 square feet or portion thereof greater than 3,000 square feet of additional building space, one second floor apartment shall be provided. At least one dwelling unit shall be reserved for a moderate-income family as defined by the U.S. Department of Housing and Urban Development; or
(2) 
A minimum of 25% of the total lot area is restricted from further development and is reserved for a park, undisturbed open space, regional stormwater detention facility or public right-of-way or other similar benefit to the public.
B. 
For buildings larger than 3,000 square feet up to a maximum of 4,000 square feet, the minimum side and rear transition yard shall be 30 feet.
C. 
For buildings larger than 4,000 square feet, the minimum side and rear transition yard shall be 40 feet.
[1]
Editor's Note: Former § 197-80.2, Additional conditions on review of application for special exception permit for outdoor dining, added 5-10-1993 by L.L. No. 2-1993, was repealed 12-1-2005 by L.L. No. 10-2005.

§ 197-80.3 Multiple dwellings; family residential development. [1]

[Added 4-3-2008 by L.L. No. 5-2008]
A. 
Purpose. The standards contained herein are required with regard to design, yield determination and other requirements in order to provide housing opportunities that promote independence and a high quality of life as well as ensuring that multi-unit housing is compatible with surrounding land uses. It is also the purpose of this special exception use to assist in facilitating the creation of affordable housing opportunities.
B. 
Building types permitted. There are four types of buildings permitted: one-family dwelling, two-family dwelling, three-family dwelling (also called triplex), four-family house (all of which are included in the definition of a manor house) and townhouse (also called rowhouse), which shall be designed to appear as a single-family residence from the street utilizing the architectural elements outlined in "Multifamily Housing Designs to Enhance Neighborhoods" (incorporated by reference).[2] These provide a variety of housing design styles and allow a unique character to develop within the neighborhood and the opportunity to consider design schemes which blend in with the surrounding area. Nothing shall prevent the Planning Board from considering an application which utilizes a mix of building types.
[2]
Editor's Note: "Multifamily Housing Designs to Enhance Neighborhoods" is on file in the Village offices.
C. 
Orientation.
(1) 
Requirement. Each building type shall be oriented toward the street, with primary entrance, porches and property demarcation facing the public right-of-way or internal street. All buildings facing an existing public street shall be designed to appear as single-family residences. The principal building shall be designed to orient toward public streets and provide pedestrian and vehicular connections to adjacent areas or roadways. Techniques for complying with the orientation requirement include, but are not limited to:
(a) 
Using a modified street grid system where most buildings in a project front on an existing or proposed street. Where no public streets exist, creating a grid street system within the project.
(b) 
Locating parking areas behind or under buildings and accessing such parking from alley-type driveways. If driveway access from streets is necessary, minimum width driveways meeting the fire code standards should be used.
(c) 
Providing each building with direct pedestrian access from the main street fronting the building and from the back where the parking is located.
(d) 
When located on a corner lot, the front building facade shall be oriented toward the road having the higher road classification, i.e., arterial or collector, as applicable.
(2) 
Illustrations. The following illustrations depict site planning techniques that orient multi-family buildings to streets, adding value and identity to the complex, by siting parking behind the buildings:
D. 
Dimensional requirements. The Multifamily Residential Developments Table of Dimensional Regulations is included at the end of this chapter.
E. 
Minimum lot area. The minimum lot area shall be as outlined in the Table of Dimensional Requirements above,[3] but, in any case, the site shall be of such shape, dimension, topography and location as will allow for an appropriate and attractive development with proper setbacks, screening and a harmonious relationship with adjoining land uses and the natural physical terrain.
[3]
Editor's Note: The table is included at the end of this chapter.
F. 
Density. The maximum density shall be as outlined in § 197-81B.
G. 
Yield. The permitted yield of multi-family units shall be determined after all applicable requirements, as set forth herein, have been applied to the subject development, and not simply based on the maximum density as determined in Subsection F of this section.
H. 
Affordable units component. For every market-rate unit proposed over four units per acre at least one affordable unit shall be reserved for income-eligible families as defined in § 197-1 of this chapter.
(1) 
The distribution of affordable units shall be evenly distributed between moderate-, median-, and middle-income households, i.e., 30% of the units for moderate income, 30% of the units for median income, and 30% of the units for middle income, with the first unit being reserved for a middle-income household. The distribution of affordable units may be amended, subject to Planning Board approval, after the housing needs of income eligible participants are formally determined, pursuant to applicable sections of the Village Code.
(2) 
Priority households. To the extent permitted by law and by federal, state, and county programs, priority for affordable housing opportunities is as follows:
(a) 
Income-eligible households residing year round in the Village of Westhampton Beach. Higher priority will be given to at least one adult member who is a qualified active member of the Westhampton Beach fire/EMS volunteer community services.
(b) 
Income-eligible households residing year round in the Town of Southampton. Higher priority will be given to at least one adult member who is a qualified active member of the Westhampton Beach fire/EMS volunteer community services, and then to those households residing in the Westhampton Beach School District.
(c) 
Income-eligible households residing year round outside of the Village of Westhampton Beach, but in which an adult member works at a location physically within the Village. A higher priority will be given to those households in which at least one adult family member is currently employed by the Village of Westhampton Beach, and then to those employed by general community services providers, as defined herein.
(d) 
All others.
(3) 
The control and administration of occupancy of the affordable housing units shall be consistent with the regulations and standards set forth in applicable sections of the Village Code.
I. 
Minimum floor area. The development shall meet the minimum floor area requirement provided in § 197-34 of the Village Code.
J. 
Bedroom mix. The average number of bedrooms per unit shall not exceed two.
K. 
Neighborhood scale; requirement. To the extent reasonable and practicable, the architectural scale of new buildings proposed for existing neighborhoods shall be compatible with or complement the architectural character of neighboring buildings. Techniques for complying with this requirement include, but are not limited to:
(1) 
Using the existing separation pattern and orientation of buildings in the adjacent neighborhood to establish the pattern of the new developments. The following illustrations depict how multi-family buildings can be integrated into existing neighborhoods:
This use of modulation helps the multifamily building fit into the neighborhood.
(2) 
Preferred: The multi-family buildings depicted as Examples A and B below have been built on an identical site. However, building Example A incorporates design elements from the surrounding neighborhood. Building Example A covers roughly the same lot areas as building Example B and provides for the same number of units, while "fitting in" with its surroundings.
(3) 
Undesirable: Multi-family building Example B has been built on a site surrounded by single-family development. The building bears no resemblance to the existing neighborhood, and looks out of place.
L. 
Privacy; requirement. Buildings shall be oriented for privacy, to the extent practicable, both within the project and to the neighborhood. Techniques for complying with this requirement include, but are not limited to:
(1) 
Reducing the number of windows or decks on the proposed building which overlook the neighbors;
(2) 
Staggering windows to avoid aligning with adjacent windows;
(3) 
Increasing the side or rear yard setback, or stepping back the upper floors so that window areas are farther from the property line.
M. 
Facade, footprint, and roof articulation.
(1) 
Requirement. Buildings shall have a design theme that provides variety and character within a project. Walls and roofs shall include separations, changes in plane and height, and architectural elements such as balconies, porches, dormers, and cross gables. Techniques for complying with this requirement include, but are not limited to:
(a) 
Facade modulation stepping back or extending forward a portion of the facade for each interval;
(b) 
Articulating each interval with architectural elements like a porch, balcony, bay window, and/or covered entry;
(c) 
Articulating the roofline by stepping the roof, rotating roof ridge to be perpendicular to the length and by emphasizing dormers, chimneys, or gables; and
(d) 
Providing a ground- or wall-mounted fixture, a trellis, a tree, or other site feature within each interval.
(2) 
The following illustrations depict multi-family design themes that provide project variety and character:
Building details can reinforce the articulation interval.
Modulation of the principal building facade adds interest to a long building.
N. 
Materials and colors; requirement. Exterior materials and colors in new building construction shall be compatible with or complement the character of surrounding buildings. Techniques for complying with this requirement include, but are not limited to:
(1) 
Wood siding and roofing is preferred, however, other building material of substantial quality that emulates cedar shingles or wood-like appearance may be permitted. Brick, stone, or other material may be utilized to complement the building facade. Building materials that are durable and easily maintained. Building construction shall be compatible with or complement the character of residential buildings in the surrounding area.
(2) 
Using materials with textures or patterns; and
(3) 
Using exterior colors that are subdued and emphasize earth tones.
O. 
Off-street parking.
(1) 
The number of off-street parking shall meet the parking requirements provided in § 197-21 of the Village Code.
(2) 
Parking location and design.
(a) 
Requirement. The impact of driveways and parking lots on pedestrians and neighboring properties shall be minimized by designing, locating, and screening parking lots, carports, and garages in a way that creates few interruptions on the internal or public street, sidewalk, or building facade. Techniques for complying with the requirements of this section include, but are not limited to:
[1] 
Locating surface parking at the rear or side of lot;
[2] 
Internal parallel on-street parking provided on site may be utilized to meet the off-street parking requirements and is encouraged over traditional parking lots;
[3] 
Minimizing the number and width of driveways and curb cuts;
[4] 
Sharing driveways with adjacent property owners;
[5] 
Locating driveways so they are visually less dominant, and berming and landscaping them when they are visible from the street;
[6] 
If a parking lot is necessary, it shall contain no more than 20 spaces and be designed in a way that provides easy access for pedestrians;
[7] 
Locating parking in areas that are less visible from the street;
[8] 
A minimum twenty-foot buffer with landscaping and/or fencing shall be provided for parking lots abutting single-family residences. All fencing shall comply with section § 197-43.
(b) 
Parking lot landscaping. Parking lots larger than 14 spaces and/or 5,500 square feet shall provide at least one shade tree for every nine parking spaces. Trees shall be located in internal planting islands or along the perimeter of the parking lot.
[1] 
Planting areas shall be no less than 160 square feet per tree with a minimum width of five feet, excluding curb.
[2] 
Trees planted as part of parking lot landscaping shall be of a noncolumnar, shade-tree variety with an expected height at maturity of at least 30 feet.
(c) 
Alleys are encouraged to provide access to parking facilities located in the rear or side yards. Alleys serve an important role in neighborhoods. They enable properties to have an unencumbered frontage towards the street by eliminating the need for driveways. Alleys create an ordered, pedestrian-scaled front to a property by placing service and maintenance functions in less visible locations. Alleys shall be a minimum of 12 feet wide, and shall be set back from any structure or property line a minimum of five feet.
P. 
Utilities and services.
(1) 
Water supply and sewage disposal. Developments shall be served by public water. All necessary approvals shall be obtained from the Suffolk County Department of Health Services for sewage disposal. For purposes of supplying water for fire protection, the Planning Board shall solicit comments and review from the Fire Marshal and Fire District.
(2) 
Drainage. Stormwater drainage systems serving any multi-family development shall be designed so that the rate of runoff from the site during a one-hundred-year storm will not exceed that which would have occurred prior to its construction. The calculation of such runoff rate and the design of the drainage system shall be subject to the approval of the Village Engineer.
(3) 
Refuse storage and collection. Plans for the storage and collection of refuse shall be subject to Planning Board approval. The outside storage of refuse, if permitted, shall be in rodent-proof containers conveniently located and enclosed or otherwise screened from view. Such facilities shall comply with all setback requirements applicable to accessory buildings, and shall be fully screened and landscaped. In addition, regular trash collection shall be required. The Planning Board may impose additional covenants to ensure property maintenance and upkeep.
(4) 
Underground utilities required and screening of appurtenances on building facades. All utilities, including electric, telephone and cable television service, shall be placed underground. Utility meters and other appurtenances shall be screened by lattice enclosures and/or landscaping to soften appearance. Condensing units and other mechanical systems shall likewise be screened, as determined by the Planning Board.
(5) 
Fire protection and emergency services provisions. The site plan shall provide proper access for fire-fighting equipment and emergency services personnel. Where applicable, fire hydrants shall be installed in such number and location and with such water flow as may be determined adequate and approved by the Planning Board, based upon the recommendations of the Village Engineer, Village Fire Marshal, and Fire District.
(a) 
Fire zones and parking restrictions on accessways. Any private road or driveway serving as the access way shall be subject to fire zone designation and parking restrictions, subject to Planning Board approval during site plan review.
(b) 
All building construction shall meet the regulations pursuant to the NYS Building and Fire Prevention Code.
Q. 
Other conveniences.
(1) 
Laundry. Each unit shall contain or have access to a washer and dryer.
(2) 
Mailboxes. Each building shall have a mailbox facility located in a convenient area for occupant retrieval as well as postal delivery.
R. 
Exterior lighting. A lighting plan shall be submitted for review and approval as part of the overall plan submission for the development. A lighting plan shall include the type, height, location, and illumination coverage for all proposed exterior lighting. Site lighting shall be provided along walkways throughout the project that is pedestrian scale, low in height and intensity, and shall include security lighting in parking areas and play areas.
(1) 
Lighting fixtures shall have a maximum height of 12 feet; shorter pedestrian-scaled lighting, ground or bollar lighting is preferred where sidewalks are present and in such instance a maximum pole height of eight feet shall be permitted.
(2) 
All outdoor lighting fixtures shall be of a type containing shields, reflectors, fracture panels or recessed light sources such that the cutoff angle is less than 90º. The cutoff angle is an angle formed by a line perpendicular to the ground and a line drawn from the light source in the direction of light rays.
(3) 
All new or replacement permanent outdoor luminaries shall be required to be fully shielded and energy efficient. "Fully shielded" shall mean a light fixture or luminary constructed and installed in such a manner that all light emitted from the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminary, is projected below the horizontal plane through the luminaries' lowest light-emitting part, as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed. A fixture meeting IESNA "cutoff" criteria as specified by IESNA recommended practices will be considered to meet the requirements of this definition.
(4) 
All outdoor lighting shall be designed, located, lamped, and directed to prevent light pollution, including excessive lighting, glare, light trespass, and sky glow.
(5) 
The permitted illumination average shall be calculated in footcandles and measured for the required area only.
(6) 
The maximum maintained illumination average shall not exceed 3.0 footcandles. The minimum maintained illumination average shall not be less than 0.2 footcandles within paved areas, and there shall be no more than zero footcandles at the property line.
S. 
Recreation areas. Except as provided below, there shall be a recreation area which is designed, improved and maintained for the exclusive use of the residents of such development and their nonpaying guests. The recreation area shall contain at least 120 square feet of lot area per dwelling unit. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units.
(1) 
The options for types of recreational areas that can be considered are:
(a) 
Parks and playgrounds: a landscaped area, bordered on at least one side by a street designed for either passive or active recreational uses. The space shall not contain buildings or structures other than a pool, pool house/community center, tennis courts, pavilions or play equipment.
(b) 
Community greens, squares, commons: a natural or landscaped area, bordered on all sides by streets and/or buildings. The space shall not contain buildings or structures other than pavilions, memorials or monuments.
(c) 
Community gardens: a series or grouping of plots of land that neighborhood residents may use for the purposes of growing flowers or edible produce.
(d) 
Bikeways, greenway, trails: a linear feature, consisting of a minimum five-foot-wide paved or hard-packed surface within a corridor space that can vary in length and width, but should not be narrower than 20 feet wide. Regular access points from public right-of-ways should be provided.
(e) 
Alleys: Alleys serve as informal play areas and walkways for the immediate residents, therefore the right-of-ways of public alleys may count towards the open space requirements for the neighborhood. To encourage the use of alleys, up to 30% of the total area used for alleys can count towards a maximum of 5% of the recreation requirements.
(2) 
Private outdoor space. In addition to the recreation area required above, each individual multi-family dwelling unit shall be provided with a private outdoor space in the form of a patio, terrace, garden, courtyard, deck or balcony, which space shall be immediately adjoining and directly accessible to the dwelling unit which it serves.
(3) 
Park fee. Notwithstanding the provisions of § 197-63Q, or § 197-40.1 of the Village Code, the applicant shall not be required to set aside any reserved area for park or recreation purposes, or to pay a recreation area or park fee to the Village in lieu thereof respecting any affordable unit, as defined in § 197-1, depicted in any multi-family site plan, and the number of dwelling units used to calculate park fees set forth in § 197-63Q shall be reduced by the number of affordable units provided. Any recreation areas set forth herein on any multi-family development site plan may be used to satisfy, in part or whole, the requirements for a reserved area for park or recreation purposes, or the payment of a recreation or park fee as required under § 197-63Q. The extent to which recreation areas may be used to satisfy the requirements for reserved area for park or recreation purposes, or payment of a recreation or park fee as required under § 197-63Q shall not exceed 50% of the requirement under that section.
T. 
Covenants and restrictions. The Village Trustees and the Planning Board may require the applicant or owner to execute agreements and covenants deemed necessary. Said agreements or covenants shall be recorded in the office of the Suffolk County Clerk and constitute a covenant running with the land. Such covenant or agreement may be modified or released only as set forth in said covenant or agreement or by the Village Trustees.
U. 
Architectural review. All construction shall be subject to the review of the Board of Architectural Review pursuant to § 5-14. Building prototypes and design shall reflect local architecture and the special character of Westhampton Beach as a rural and resort community. In their reviewing of the subject application, the Planning Board and the Board of Architectural Review shall use the design guidelines contained in "Multifamily Housing Designs to Enhance Neighborhoods in the Village of Westhampton Beach," filed in the Office of the Village Clerk and the Building Department, as may be amended.
V. 
Other requirements.
(1) 
Individual unit access. In general, each individual dwelling unit shall have its own separate entrance/exit leading directly to the outside, or via a common entrance vestibule.
(2) 
Television service. Cable or other television service shall be provided in accordance with plans approved by the Planning Board. Exterior antennas for individual multi-family buildings or dwelling units shall not exceed 24 inches in diameter and shall not be seen from any public right-of-way.
(3) 
Storage. For the convenience of the residents of the development, provision shall be made for general storage of bulky items, such as trunks.
(4) 
Basements, cellars, attics, and garages. No living units or habitable spaces shall be permitted in an attic, basement or cellar area. Garages shall not be converted to habitable living space.
(5) 
Universal design. Projects consisting of more than 10 units, but which are designed using building prototypes that are less than four units per building such as a triplex (three-family house), to the extent practicable, shall incorporate elements of universal design standards to address the requirements for accessibility pursuant to the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA). Universal design is a flexible, inclusive process aimed at enabling all occupants access regardless of size, age, or abilities, including but not limited to accessibility code compliance. The diverse needs of the development's population should be accommodated in a cost-effective yet dignified and pleasant manner assuring a convenient, safe, and secure environment for all persons residing in such development, whether active or physically challenged, youthful or elderly.
(a) 
Due consideration shall be given in planning walks, ramps, and driveways to prevent slipping or stumbling, and handrails and ample places for rest shall be provided. Gradients of walks shall not exceed 5% and single riser grade changes in walks shall not be permitted, unless it is impractical to do so because of terrain or unusual characteristics of the site. All outdoor areas available to residents shall permit such residents to move about without danger and with minimum effort.
(b) 
Residential units, to the extent practicable, shall incorporate visitable design concepts which include but are not limited to the following features being provided on the first level of a dwelling unit: a zero-step entrance, accessible hallways, and bathrooms with doors wide enough for a wheelchair user to enter. These universal design standards are supplemental to, not in substitution of, other existing federal and state requirements which may impact accessibility and fair housing provisions of the residential development.
(6) 
Applications providing affordable housing components and meeting the special exception standards shall receive first priority status throughout the review process.
(7) 
Gatehouse or driveway entrance gates shall not be permitted.
(8) 
Accessory apartments pursuant to the Zoning Code of the Village of the Westhampton Beach are prohibited.
W. 
Applicability. The provisions of this section shall not apply to any multi-family site plan application which has been filed with the Westhampton Beach Building and Zoning Department prior to January 1, 2008.
[1]
Editor's Note: Former § 197-80.3, Additional conditions on review of application for special exception permit for outdoor tables, chairs and benches, added 7-3-1995 by L.L. No. 6-1995, as amended, was repealed 12-1-2005 by L.L. No. 10-2005.

§ 197-80.4 Conditions for bed-and-breakfast bedrooms in accessory buildings.

[Added 4-8-1998 by L.L. No. 3-1998]
A. 
The use of an accessory building for guest facilities as part of a bed-and-breakfast shall be incidental and accessory to the residential use of the premises and shall comply with the applicable standards set forth in Article X of this chapter for bed-and-breakfast establishments. A special permit issued by the Village Board under this section shall be valid so long as a yearly bed-and-breakfast permit is obtained pursuant to Article X of this chapter.
B. 
The accessory building shall not be less than 20 feet from all rear and side lot lines.
C. 
No more than two guest bedrooms may be located within an accessory building. Facilities may include a bathroom or sitting room. There shall be no kitchen or cooking facilities, nor shall there be any vending machines located within the accessory building.
D. 
An accessory building containing guest facilities shall not exceed 800 square feet of gross floor area.
E. 
All guest bedrooms shall contain a fully operational smoke detector and carbon monoxide alarm system which shall meet all applicable state building and fire prevention code requirements.
F. 
The accessory building shall be in compliance with all applicable zoning, building, fire prevention, electrical, plumbing and health requirements.
G. 
A performance bond may be required to ensure the removal of guest facilities should the bed-and-breakfast establishment be terminated and to ensure the compliance with all standards or conditions of the permit.
H. 
There shall not be guest facilities for a bed-and-breakfast in more than one accessory building on the subject premises.

§ 197-80.5 Conditions for hotels (H District).

[Added 2-14-2000 by L.L. No. 1-2000]
A. 
Hotels shall be allowed by special exception in the B-1 District subject to the other provisions of the Code with respect to area, coverage, height, yards and density, except that, where an application for a special exception permit concerns the reconstruction, alteration, demolition or substitution of a legally existing hotel that exceeds current density or area requirements for new construction, the Board of Trustees, in granting a special exception permit, may, in its sole discretion, vary the other provisions of this section if the existing nonconformity is diminished.
B. 
In the case of the construction of a new hotel, the dimensional regulations in the table below shall apply:
Category
Standard
Minimum lot area
100,000 square feet
Maximum lot coverage
15%
Minimum front yard
50 feet
Minimum side yards (2)
Total not less than 100 feet
Minimum side yards
50 feet
Minimum rear yard
50 feet
Hotel unit density per acre
(See § 197-48.2)

§ 197-80.6 Conditions for auto laundries.

[Added 2-14-2000 by L.L. No. 1-2000]
Conditions for auto laundries are as follows:
A. 
The minimum lot area shall be 40,000 square feet.
B. 
Minimum frontage shall be 150 feet.
C. 
All vehicles waiting for service shall be stored on site. No vehicles shall be stored outdoors overnight.
D. 
No services other than washing, waxing, "simonizing," detailing or similar treatment shall be rendered.
E. 
Outdoor storage and display of accessories, Portable signs, and equipment shall be prohibited.
F. 
Sales, rental or display of automobiles, trailers, mobile homes, boats or other vehicles shall be prohibited.
G. 
All process water shall be recycled, and the overall facility shall contain on site all water generated from any service activity.

§ 197-80.7 Conditions for building construction, general and special trade contractor's offices.

[Added 5-12-2003 by L.L. No. 4-2003]
A. 
This use is intended for the office, administrative and headquarters portion of the business use, including customer service and visitor parking for same.
B. 
Vehicles related to the business may park on the premises if parked in standard size parking spaces provided by the business and which are counted as part of the required minimum parking spaces based on the schedule of off-street parking space requirements for the use, but which do not encroach upon spaces required for other uses on the parcel as required by the schedule. Said spaces shall be located in the rear yard of the subject parcel.
C. 
There shall be no outdoor parking or storage of oversize company trucks or mobile equipment of any type.
D. 
There shall be no outdoor storage of any materials, stored equipment or supplies permitted on the site.
E. 
Contractor's offices located in the B-3 Zoning Districts shall provide a minimum of a fifty-foot continuous landscaped buffer between parcels containing this use(s) and any abutting residential zoning district boundary or any parcel containing a certificate of occupancy for a residential use. The buffer shall be located on the subject premises.

§ 197-80.8 Special exception conditions on nonresidential uses larger than 3,000 total square feet of gross floor area.

[Added 5-3-2007 by L.L. No. 6-2007]
Special exception approval may be granted for nonresidential uses in excess of 3,000 total square feet of gross floor area in any building, up to a maximum of 10,000 total square feet of such gross floor area in any building (excluding unfinished basement and attic areas), except for a grocery store, which shall not exceed 35,000 total square feet of such gross floor area, subject to the following requirements:
A. 
Compliance with the standards outlined in § 197-16B(4)(h), in addition to all applicable requirements of this chapter.
B. 
The Village Trustees shall determine that the proposed use(s) will not have an undue adverse impact on the community. In making such a determination, the Village Trustees shall conduct or hire a consultant to conduct a market and municipal impact study, at the expense of the applicant. The study shall be completed within 90 days of receipt of all requested materials, and the applicant shall be afforded the opportunity to submit its own such study. The Village Trustees shall make such determination within 30 days of the Trustees' formal acknowledgement of receipt of the study, which shall be done at the next available Trustee meeting after the receipt of the study. Such study shall include, but shall not be limited to, an analysis of the projected impact of the retail store(s) on:
(1) 
The existing local retail market, including market shares, if applicable.
(2) 
The supply and demand for local retail space.
(3) 
Local wages, benefits and employment.
(4) 
Revenues retained within the local economies of the Village of Westhampton Beach.
(5) 
Public service and facilities costs.
(6) 
Public revenues.
(7) 
Impacts on municipal taxes.
(8) 
Impacts on property values in the community.
(9) 
Effects on retail operations in the surrounding market area.
(10) 
Employee housing needs, if applicable.
(11) 
The Village of Westhampton Beach ability to implement its Comprehensive Plan consistent with the proposed project.
(12) 
Traffic study.

§ 197-80.9 Conditions for general and special trade contractor's administrative offices.

[Added 5-7-2009 by L.L. No. 4-2009]
A. 
No vehicle may park on site that is in excess of 20 feet or 8,000 pounds.
B. 
There shall be no exterior or interior storage of items, including but not limited to materials, equipment, tools, or supplies related to the contractor's business other than administrative office use items.
C. 
There shall be no overnight parking of company or employee vehicles permitted on the premises.

§ 197-81 Additional conditions on review and application.

[Added 5-14-1982 by L.L. No. 9-1982]
In addition to the requirements set forth in this article, in the instance of a special exception application made pursuant to the provisions of § 197-40A through E, the following conditions shall apply:
A. 
Upon receipt of the application, the Board of Trustees shall refer it to the Planning Board for site plan review pursuant to § 197-29, and no special exception application can be granted without approval by the Planning Board of the site plan.
B. 
In the instance where the permit sought is for the construction of or conversion of existing structures or buildings to a multiple dwelling or a conversion of a nonconforming boardinghouse, hotel or motel into a residential condominium or cooperative, the maximum number of dwelling units shall not exceed six such units per acre of lot area in all zoning districts except the B1 District, where the maximum number of dwelling units shall not exceed eight such units per acre of lot area.
C. 
In an application for the conversion of a nonconforming boardinghouse, hotel or motel to a residential condominium or cooperative or the conversion of existing structures or buildings to a multiple dwelling, it shall include the entire lot or lots devoted to the nonconforming use or uses or the entire lot or lots devoted to the existing structures or buildings, and any approval shall require conversion of the entire lot or lots to a residential condominium, cooperative or multiple dwelling.
D. 
In an application for the conversion of an existing apartment house or multiple dwelling in existence as of the effective date hereof to a residential condominium or cooperative or the conversion of a lot or parcel of land used for any permitted business use or uses of any lot or parcel of land used partially for business and partially for residential uses as of the effective date hereof, the following shall apply:
(1) 
In an application for the conversion of an apartment house or multiple dwelling, the Board of Trustees may waive the other provisions of this chapter, provided that there is no expansion of the building area and provided that there is no increase in the number of dwelling units.
(2) 
In an application for the conversion of a lot or parcel of land used for a permitted business use or uses or a lot or parcel of land used partially for business and partially for residential uses, the Board of Trustees may waive the other provisions of this chapter, provided that there is no expansion of building area and provided that there is no increase in the number of dwelling units nor an increase in the number of business use or uses.
E. 
The dimensional requirements for the conversion of a nonconforming boardinghouse, hotel or motel in existence as of the effective date hereof to a residential condominium or cooperative or the conversion of existing structures or buildings to a multiple dwelling located in any zoning district or for the construction of a multiple dwelling located in the B1 District the lot area shall not be less than 100,000 square feet; the lot width shall not be less than 150 feet; there shall be two side yards totaling not less than 100 feet, neither of which shall be less than 50 feet; the front yard depth shall not be less than 50 feet; the rear yard depth shall not be less than 50 feet; the building area (land coverage) shall not exceed 15% of the lot area; and the building height shall not exceed two stories or 35 feet.
F. 
In granting any special exception permit for any nonconforming use, the Board of Trustees must find, in addition to the other requirements of this article, that
(1) 
The special exception use will not increase the degree of the existing nonconformity.
(2) 
The special exception will not result in any environmental or structural hazards.
G. 
In an application for the subdivision or conversion of a movie theater so as to increase the number of screens and performances at any time to more than one, there shall be no increase in the seating capacity of the theater, as counted on the effective date of this subsection, except upon compliance with Article III for both the existing and proposed improvements. In no event shall the number of screens or theaters within a theater complex exceed two.
[Added 2-10-1984 by L.L. No. 3-1984]