Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents

§ 330-1 Long title.

The title of this chapter is a "Local Law Regulating and Restricting the Height, Number of Stories and Size of Buildings and Other Structures, the Percentage of Lot That May Be Occupied, the Size of Yards, Courts and Other Open Spaces, the Density of Population and the Location and Use of Buildings, Structures and Land for Trade, Industry, Residence or Other Purpose in the Town of Southampton; and for Said Purposes Dividing the Town Into Districts; and Providing Fines and Penalties for the Violation of Its Provisions."

§ 330-2 Short title.

This chapter shall be known and may be cited as the "Town of Southampton Zoning Law."

§ 330-3 Declaration of purposes.

This chapter is adopted for the purpose of promoting the health, safety and morals or the general welfare of the Town of Southampton and in furtherance of the following related and more specific objectives:
A. 
To guide and regulate the orderly growth, development and redevelopment of the Town in accordance with a Comprehensive Plan and with the more general long-range objectives, principles and standards expressed in the Town's Master Plan 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 agricultural lands and natural areas through the use of planned residential development.
E. 
To secure the maximum recharge of the Town'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, lakes and the particularly previous soils of the Ronkonkoma Moraine and to so regulate the ultimate land use and consequent freshwater consumption that the potential demand for freshwater shall not exceed the reasonably determined safe yield of that fresh groundwater reservoir.
F. 
To protect and promote the fisheries and the resort industries of the Town by preserving a healthful biological and chemical balance in the adjacent ocean, 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 Town.
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 protect the natural scenic beauty and cultural and historic resources of the Town and its environs.

§ 330-4 Word usage.

A. 
Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular number includes the plural and the plural the singular.
B. 
The word "person" includes a profit or nonprofit corporation, company, partnership or individual.
C. 
The word "shall" is mandatory and not directory; the word "may" is permissive.
D. 
The word "lot" includes the word "plot" and the word "land."
E. 
The word "structure" includes the word "building."
F. 
The word "use" refers to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use; and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
G. 
The word "used" refers to the actual fact that a lot or land or building or structure or part thereof is being occupied for a particular use.

§ 330-5 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
A secondary dwelling unit established in conjunction with and clearly subordinate to the single-family detached dwelling (one-family dwelling, detached), whether as a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot and complies with the same standards outlined in Article IIA, Accessory Apartments.
[Added 7-28-1992 by L.L. No. 34-1992[1]; amended 4-23-2002 by L.L. No. 7-2002; 10-25-2005 by L.L. No. 57-2005; 12-13-2005 by L.L. No. 69-2005]
ACCESSORY USE, BUILDING OR STRUCTURE
A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term “accessory building” may include a private garage, shed, playhouse, swimming pool and private greenhouse. The term “accessory building” shall not include any building with sleeping and/or cooking facilities or used for sleeping and/or cooking purposes, except for farm employees living on a farm owned or leased by their employer, an accessory apartment or a bed-and-breakfast as defined by this chapter.
[Amended 9-11-1984 by L.L. No. 15-1984; 10-23-1984 by L.L. No. 19-1984; 4-23-2002 by L.L. No. 7-2002; 8-9-2005 by L.L. No. 41-2005]
ADULT BOOKSTORES
Adult establishments which offer for viewing, sale or rental, for any form of consideration or gratuity, adult entertainment through the medium of adult printed materials or any other mediums.
[Added 10-26-2001 by L.L. No. 48-2001]
ADULT CLUBS or ADULT EATING OR DRINKING CLUBS
Adult establishments which offer food or drink, for any form of consideration or gratuity, such as nightclubs, bottle clubs, dance clubs, cabarets, bars, restaurants or similar, commercial establishments, whether or not alcoholic beverages are sold or served, which feature adult entertainments through the mediums of adult live performances, showing of adult photographic reproductions or any other mediums.
[Added 10-26-2001 by L.L. No. 48-2001]
ADULT ENTERTAINMENT
[Added 10-26-2001 by L.L. No. 48-2001]
Includes the causing, permitting or allowing of:
A. 
Offering printed materials, photographic reproductions or live performances which are characterized by an emphasis on persons who appear nude or in a state of nudity, seminudity; and/or which are characterized by an emphasis on persons who expose specified anatomical areas or engage in depiction or description of specified sexual activities; and/or
B. 
Conduct by employees who, as part of their employment, expose to patrons specified anatomical areas; and/or by two or more persons who congregate, associate or consort for purposes of specified sexual activities, exposure of specified anatomical areas or activities when one or more of them is in a state of nudity or seminudity; and/or
C. 
Offering paraphernalia designed, used or marketed primarily for stimulation of human genital organs or sadomasochistic use or abuse; and/or massage or any other treatment or manipulation of the human body which occurs as a part of, or in connection with, specified sexual activities or where any person providing such massage, treatment or manipulation exposes specified anatomical areas of their body.
ADULT ESTABLISHMENTS
[Added 10-26-2001 by L.L. No. 48-2001]
Business or commercial enterprises:
A. 
Which maintain, derive or devote a substantial portion of stock-in-trade, revenues, floor area and/or cellar space or advertising of their business in, from or to adult entertainment of any type, for any form of consideration or gratuity; and/or
B. 
Where a substantial portion of the use of the premises comprises adult entertainment, including but not limited to those adult establishments specifically set forth by definition in this section, other adult commercial facilities of a similar nature or any combination thereof; and/or
C. 
Which are not the types of businesses customarily open to the general public during the featuring of adult entertainment because they exclude, or otherwise restrict, limit or condition access by, minors by reason of age; and/or
D. 
Wherein the presence of other principal business purposes shall not preclude their status as an adult establishment, pursuant to the other elements of this definition.
ADULT LIVE PERFORMANCES
Live performances which are characterized by an emphasis on persons who appear nude or in a state of nudity or seminudity; and/or which are characterized by an emphasis on persons who expose specified sexual activities; and/or conduct by employees who, as part of their employment, expose to patrons specified anatomical areas.
[Added 10-26-2001 by L.L. No. 48-2001]
ADULT MASSAGE
Massage or any other treatment or manipulation of the human body which occurs as a part, or in connection with, specified sexual activities or where any person providing such massage, treatment or manipulation exposes specified anatomical areas of their body.
[Added 10-26-2001 by L.L. No. 48-2001]
ADULT MASSAGE PARLORS
Adult establishments which offer for viewing, sale or rental, for any form of consideration or gratuity, adult entertainment through the medium of adult massage or any other mediums.
[Added 10-26-2001 by L.L. No. 48-2001]
ADULT NOVELTY SHOPS
Adult establishments which offer for viewing, sale or rental, for any form of consideration or gratuity, adult entertainment through the medium of adult paraphernalia or any other mediums.
[Added 10-26-2001 by L.L. No. 48-2001]
ADULT PARAPHERNALIA
Includes instruments, devices, gear, equipment, apparatus, accoutrements or other appurtenances which are designed, used or marketed primarily for stimulation of human genital organs or sadomasochistic use or abuse.
[Added 10-26-2001 by L.L. No. 48-2001]
ADULT PHOTOGRAPHIC REPRODUCTIONS
Includes slides, films, motion pictures, videotapes, video cassettes, compact discs or similar pictorial presentations characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
[Added 10-26-2001 by L.L. No. 48-2001]
ADULT PRINTED MATERIALS
Includes books, magazines, periodicals, photographs or other printed matter which are characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
[Added 10-26-2001 by L.L. No. 48-2001]
ADULT THEATERS
Adult establishments, such as theaters, concert halls, auditoriums or similar commercial establishments, whether indoors, outdoors or drive-in, and peep shows or similar establishments where viewing is conducted in general areas or individual enclosures, which feature adult entertainment, for any form of consideration or gratuity, through the mediums of adult photographic reproductions or adult live performances or any other mediums.
[Added 10-26-2001 by L.L. No. 48-2001]
ADULT VIDEO STORES
Adult establishments which offer for viewing, sale or rental, for any form of consideration, adult entertainment through the medium of adult photographic reproductions or any other mediums.
[Added 10-26-2001 by L.L. No. 48-2001]
AFFORDABLE HOUSING
As defined in § 216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
AFFORDABLE HOUSING SUBCOMMITTEE
A committee formed to develop and implement a long-range strategic plan for affordable housing which will meet the affordable housing needs of the various communities within the Town while addressing the concerns of their residents regarding placement, saturation, property maintenance, commitment and availability, financial assistance, child care, senior care and education.
[Added 3-13-2001 by L.L. No. 6-2001]
AGE-RESTRICED UNIT
As defined in § 216-2 of the Town Code
[Added 12-13-2005 by L.L. No. 69-2005]
AGRICULTURE
The cultivation of the soil for food products and other useful or valuable growths of the field, including agricultural greenhouses. The normal preparation of such products for market and the incidental raising of small numbers of livestock and/or poultry for personal consumption shall be considered accessory uses, provided that they are not a separate and distinct business.
[Amended 10-23-1984 by L.L. No. 19-1984]
ALCOHOLIC OR SUBSTANCE ABUSE REHABILITATION CENTER
An establishment licensed by the State Division of Substance Services or the State Division of Alcoholism and Alcohol Abuse primarily engaged in providing residential or outpatient care, services, room, board, supervision, information and/or referrals to persons voluntarily seeking such services.
[Added 12-22-1992 by L.L. No. 54-1992]
ALTERATION
As applied to a building or structure, a change or rearrangement of the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another. The term "alter" in its various modes and tenses and its participial form refers to the making of an alteration.
ANIMAL HUSBANDRY
The raising of livestock, poultry, ducks, geese or fur- and wool-bearing animals as a retail or wholesale business.
APARTMENT
A room or suite of rooms with sanitary and kitchen accommodations used or designed for use as a residence by a family located in a building containing two or more such rooms or suites or located in a building devoted primarily to nonresidential uses. In residential districts, an apartment shall meet the size and occupancy limitations and special standards of Article IIA and be accessory to a primary single-family residential building. In business districts, an apartment shall be in accordance with § 330-158.
[Added 10-25-2005 by L.L. No. 57-2005; 12-13-2005 by L.L. No. 69-2005]
ASSISTED-LIVING FACILITY
A development geared to serve the housing, meals, and skilled nursing needs of more-dependent senior citizens. Assisted-living facilities are congregate housing for seniors who are less able to function independently in all aspects of their daily lives.
[Added 8-13-2002 by L.L. No. 29-2002]
AUTOMOBILE LAUNDRY
A structure or building designed for the washing, waxing, simonizing or similar treatment of automotive vehicles as its principal function.
BANKS
A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments and fiduciary activities.
[Added 2-25-2003 by L.L. No. 13-2003]
BAR or TAVERN
An establishment primarily engaged in the sale and service of alcoholic beverages for on-premises consumption, subject to 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; listening to music; hours of operation which extend beyond the normal dining times for breakfast, lunch or dinner; and sandwiches and snacks are available for consumption on the premises. The accessory or incidental sale of food or snacks shall not entitle such a use to be considered a restaurant under other provisions of this Code, but the permanent or temporary removal or relocation of tables and chairs from an establishment to permit dancing as well as the aforesaid characteristics shall constitute the creation of a nightclub use.
[Added 8-11-1992 by L.L. No. 36-1992; amended 4-13-2004 by L.L. No. 14-2004]
BASE ELEVATION
The base flood elevation as shown on the applicable Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for the site where the building or structure is located.
[Added 5-13-1986 by L.L. No. 7-1986]
BASEMENT
That portion of a building that is partly or completely below grade.
[Amended 8-9-2005 by L.L. No. 41-2005]
BERM
A structure primarily of earth or earthen or similar materials intended for defense, security, enclosure or screening purposes.
[Added 7-10-1984 by L.L. No. 12-1984]
BOATYARD
A facility for servicing all types of water craft, as well as providing supplies, provisions, storage and fueling facilities, and with facilities for the retail sales of boats, motors and marine equipment.
BUILDING
A structure with a roof supported by columns or walls and having a horizontal area of more than 50 square feet and intended for the shelter, housing or enclosure of persons, animals or chattels.
BUILDING, AREA OF
The area computed at the maximum horizontal cross section of the main and accessory buildings on a lot, including the area of all roofed porches, terraces and similar features.
BUILDING INSPECTOR
The official Building Inspector of the municipality or any person duly appointed or designated to act as such Inspector.
BUS SHELTER
A structure intended to provide temporary shelter from weather elements (wind, rain, snow, sun) as bus passengers await transport.
[Added 8-13-2002 by L.L. No. 29-2002]
CAMPING GROUND
A facility designed for recreational camping in tents, automotive camper units or trailers and house trailers and providing community sanitary facilities and other necessary services.
CELLAR
A story partly underground and having 1/2 or more of its clear height below finished grade. A cellar shall not be counted as a story in determining the building height.
CLUB, BEACH
A not-for-profit corporation, as defined in § 102 of the Not-For-Profit Corporation Law of the State of New York, located contiguous to an ocean beach and established for the principal purpose of engaging in ocean bathing, but excluding any form of aviation, motorboat racing or waterskiing on inland waterways or similar hazardous sports. Three-fourths of such beach club's membership shall either own property improved with a dwelling in the Town of Southampton or within a fifteen-mile radius of such beach club or shall be a lessee of such residential property for a period of not less than 30 days, during which time said membership shall be effective. The activities of such a beach club on its off-beach site shall be limited to its members and their guests and shall not be extended to the general public.
CLUB, MEMBERSHIP OR COUNTRY, OR GOLF COURSE, NONPROFIT
A not-for-profit corporation, as defined in § 102 of the Not-For-Profit Corporation Law of the State of New York, not located contiguous to an ocean beach and established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities, but not including any form of aviation, outdoor trap-, skeet or target shooting or boating. The activities of such a club shall be limited to its members and their guests and shall not be extended to the general public.
CLUB, YACHT
A not-for-profit corporation, as defined in § 102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in recreational boating. The activities of such a yacht club shall be limited to its members and their guests and shall not be extended to the general public. The term "yacht club" shall be deemed to include the term "marina" but shall not be deemed to include the term "boatyard," except for the out-of-water storage of member boats.
COMMUNITY BENEFIT UNIT/COMPONENT
As defined in §216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
CONGREGATE HOUSING FOR SENIORS
Housing developments which offer independent living in private, separate senior apartments, usually on a rental basis, but may be offered as ownership units. Typically, congregate communities also provide an opportunity to share activities of daily living with other residents as one chooses, such as limited meals, housekeeping, transportation, and social services.
[Added 8-13-2002 by L.L. No. 29-2002]
CONTINUING-CARE RETIREMENT COMMUNITY (CCRC)
A development which encompasses multifaceted housing options, typically providing independent living, assisted living, and guaranteed nursing care, to accommodate the lifestyle needs of seniors as they age in place. CCRCs, also called "life-care facilities,” offer a complete continuum of senior housing and health-care services.
[Added 8-13-2002 by L.L. No. 29-2002]
CONVENTIONAL BEDROOM
A room designed as a bedroom. Rooms having other purposes, such as dens, living rooms or hallways, are not to be interpreted as conventional bedrooms.
COURT
An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings. An offset to a court shall be deemed a separate court for the purpose of determining its required dimensions.
[2]
COURT, DEPTH OF
The maximum horizontal dimension of such court at right angles to the width.
COURT, HEIGHT OF
The greatest vertical distance measured from the lowest level of such court up to the roof of the building.
COURT, INNER
Any court which is not an outer court.
COURT, OUTER
A court extending to a street line or other property line or opening upon any front, side or rear yard.
COURT, WIDTH OF
The horizontal dimension parallel to the principal open side in the case of an outer court; and the least horizontal dimension in the case of an inner court.
CUSTOM WORK, SHOP FOR
A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, and not including the manufacture of ready-to-wear or standardized products.
DECK
An exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers, or other independent supports.
[Added 10-26-2004 by L.L. No. 34-2004][3]
DECONSTRUCTION
The disassembly of all or part of an improvement or structure for the purpose of reusing its components and building materials.
[Added 12-22-2011 by L.L. No. 48-2011]
DEMOLITION
To dismantle, raze or remove all or part of an existing improvement or structure, at once or in stages, including deconstruction as defined herein.
[Added 12-22-2011 by L.L. No. 48-2011]
DEMOLITION BY NEGLECT
The consistent failure to maintain a structure that causes, or is a substantial contributing factor in, the deterioration of building materials to such an extent that the structure is no longer safe or restoration is no longer feasible, and ultimately leads to the need for physical demolition.
[Added 12-22-2011 by L.L. No. 48-2011]
DRIVE-THROUGH OR DRIVE-IN BANK
A financial institution where services may be provided through a window, automated machine, or other facility to customers remaining in motorized vehicles that are in a designated stacking lane.
[Added 2-25-2003 by L.L. No. 13-2003]
DRIVE-THROUGH OR DRIVE-IN ESTABLISHMENT
An establishment wherein the sale of goods or delivery of services is provided directly to patrons while seated in automobiles which are located on the premises, but not including drive-in restaurants.
[Added 10-6-2000 by L.L. No. 15-2000]
DRY CLEANING - NEIGHBORHOOD SERVICE FACILITY
Establishments primarily engaged in providing dry-cleaning services whose service area is the immediate surrounding community in which it is located, i.e., five-mile radius. There shall be a maximum of one dry-cleaning machine per establishment, having a maximum capacity of 65 pounds per load. The dry-cleaning machine shall be of a “closed system” design where the cleaning, extracting, drying, and deodorizing are all conducted within a self-contained machine. The garments dry cleaned within the facility shall be those of the direct retail customer, and shall not be from other pickup and drop-off facilities.
[Added 9-11-2007 by L.L. No. 46-2007]
DUNE
A naturally occurring accumulation of sand in wind-formed ridges or mounds landward of the beach, often characterized by the natural growth of beach grass.
[Added 12-23-1986 by L.L. No. 22-1986]
DWELLING
Any building that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.
[Amended 8-9-2005 by L.L. No. 41-2005]
DWELLING, MULTIPLE
A building or a group of attached one-family dwellings with individual dwelling units each of which is comprised of one or more rooms with provisions for cooking, living, sanitary and sleeping facilities designed exclusively for residential use and arranged or intended to be occupied by one individual household or family living independently of other individual households or families. Each dwelling unit is considered a multiple dwelling unit, whether owner-occupied or utilized as a rental apartment.
[Amended 12-13-2005 by L.L. No. 69-2005]
DWELLING, ONE-FAMILY DETACHED
A building in which there is no more than one dwelling unit comprised of one or more rooms with provisions for cooking, living, sanitary and sleeping facilities designed exclusively for residential use and arranged or intended to be occupied by one individual household or family living independently of other individual households or families. A single-family detached dwelling is considered a one-family dwelling, whether owner-occupied or utilized as a rental.
[Amended 12-13-2005 by L.L. No. 69-2005]
DWELLING, TWO-FAMILY DETACHED
A dwelling containing two principal dwelling units for the occupancy of two families and their domestic servants.
[Amended 10-25-2005 by L.L. No. 57-2005]
DWELLING, TWO-FAMILY SEMI-DETACHED
A dwelling containing two principal dwelling units for the occupancy of two families and their domestic servants, if any, that share a common wall at the lot line, and that are on separate lots.
[Added 10-25-2005 by L.L. No. 57-2005]
DWELLING UNIT
A building or part of a building where the unit consists of one or more rooms with provisions for cooking, living, sanitary and sleeping facilities designed exclusively for residential use and arranged or intended to be occupied by one individual household or family living independently of other individual households or families.
[Amended 12-13-2005 by L.L. No. 69-2005]
EFFICIENCY UNIT
A studio apartment with sanitary and kitchen accommodations which meets the size and occupancy limitations and special standards of Article IIA of Chapter 330, Zoning.
[Added 12-13-2005 by L.L. No. 69-2005]
EMPLOYEE
Any person who works or performs in or for an adult establishment, either on a regular basis or on single or multiple separate occasions, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
[Added 10-26-2001 by L.L. No. 48-2001]
A. 
Any number of persons occupying a single nonprofit dwelling unit, related by blood, marriage or legal adoption, living and cooking together as a single housekeeping unit.
B. 
Any number of persons, occupying a single nonprofit dwelling unit, not exceeding five, living and cooking together as a single housekeeping unit where all are not related by blood, marriage or legal adoption. A group of persons whose association or relationship is transient or seasonal in nature, rather than of a permanent and domestic character, shall not be considered a family.
C. 
Notwithstanding the provisions of Subsection B of this definition, a group of unrelated persons numbering more than five shall be considered a family upon a determination by the Zoning Board of Appeals that the group is the functional equivalent of a family pursuant to the standards enumerated in Subsection E herein.
D. 
In determining whether a group of more than five unrelated person constitutes a family for the purpose of occupying a dwelling unit, as provided for in Subsection C of this definition, the Zoning Board of Appeals shall utilize the standards enumerated in Subsection E in making said determination. Before making a determination under this subsection, the Board of Zoning Appeals shall hold a public hearing, after public notice, as provided under § 330-164. The fee for such an application shall be $75. Said application shall be on a form to be provided by the Zoning Board of Appeals.
E. 
In making a determination under Subsection D, the Zoning Board of Appeals shall find that:
(1) 
The group is one which in theory, size, appearance and structure resembles a traditional family unit.
(2) 
The group is one which will live and cook together as a single housekeeping unit.
(3) 
The group is of a permanent nature and is neither a framework for transient or seasonal living nor merely an association or relationship which is transient or seasonal in nature. Nothing herein shall preclude the seasonal use of a dwelling unit by a group which otherwise meets the standards of this subsection at its permanent residence.
(4) 
In no case shall a dwelling be occupied by more than the number of persons permitted under § 330-108 of this chapter.
(5) 
All other requirements of this chapter regarding the use and occupancy of dwelling units shall be complied with.
(6) 
Any determination under this subsection shall be limited to the status of a particular group as a family and shall not be interpreted as authorizing any other use, occupancy or activity.
F. 
Persons occupying group quarters, such as a dormitory, fraternity or sorority house or a seminary, shall not be considered a family.
FENCE
A structure bounding an area of land designed to either limit access to the area or to screen such area from view, or both.
FILLING STATION
A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include accessory facilities for rendering service for motor vehicles, such as lubrication, washing and minor repairs.
FLOOR AREA
The actual occupied area, not including unoccupied accessory areas or thickness of walls.
[Added 4-22-2008 by L.L. No. 25-2008]
FREEBOARD
A term used in floodplain regulations that gives an extra margin of flood protection elevation above the established base floor elevation for any given location in the floodplain.
[Added 8-9-2005 by L.L. No. 41-2005; amended 1-10-2006 by L.L. No. 3-2006]
GARAGE, PRIVATE
A building used for the storage of motor vehicles and all types of farm machinery and conveyances 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, REPAIR
A building, other than a private garage, used for adjustment, painting, replacement of parts or other repair of motor vehicles or parts thereof, whether or not accessory or incidental to another use.
GREENHOUSE, AGRICULTURAL
A structure utilized for seed germination, plant propagation, hardening-off or forcing or maintenance of a controlled climate to sustain plant growth otherwise not possible in natural out-of-door surroundings. The retail or wholesale sales of such products raised on-premises is permitted, except that sale of live or fresh products not raised or produced on premises shall not be permitted. The sale of other products produced or otherwise prepared or manufactured off premises shall be prohibited.
[Added 10-23-1984 by L.L. No. 19-1984]
GREENHOUSE, COMMERCIAL
A structure utilized for seed germination, plant propagation, hardening-off or forcing or maintenance of a controlled climate to sustain plant growth otherwise not possible in natural out-of-door surroundings. The retail or wholesale sale of such products raised on premises is permitted as is the sale of live or fresh products not raised or produced on the premises. The sale of other products produced or otherwise prepared or manufactured off premises shall be permitted only if such products are related to agriculture or horticulture.
[Added 10-23-1984 by L.L. No. 19-1984]
GREENHOUSE, PRIVATE
An accessory building or structure subordinate to a dwelling, not exceeding 500 square feet in area, intended and used solely for the private enjoyment of the residents thereof.
[Added 10-23-1984 by L.L. No. 19-1984]
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure.
[Added 9-27-2016 by L.L. No. 10-2016]
HABITABLE LIVING SPACE
A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable space.
[Added 12-23-2002 by L.L. No. 54-2002; amended 8-9-2005 by L.L. No. 41-2005]
HAMLET CENTER
The center of a hamlet area that is often characterized by a mixture of nonresidential and residential uses. Hamlet centers typically are pedestrian-oriented areas of mixed commercial, residential, and civic uses that generally include higher-density forms of housing and access to public transportation. Hamlet centers are identified on the Map of Hamlet Centers and Village Centers filed in the office of the Town Clerk. The zoning classifications that generally define a hamlet center typically allow for shopping, personal services, and community facilities which include but are not limited to Village Business (VB), Shopping Center Business (SCB), and Hamlet Commercial/Residential (HC).
[Added 10-12-2004 by L.L. No. 29-2004]
HAMLET HERITAGE RESOURCE AREAS
Heritage resources are man-made objects at least 50 years old that are connected to human activity. These resources could be any buildings used to house human or animal activities, i.e., homes, sheds, garages, mills, barns, agricultural buildings, offices, schools, churches, commercial and public-use buildings. It could be structures such as bridges, canals, roads, docks, fences, monuments and sculptures. It could also be burying grounds, trails, archaeological and commemorative or historic sites. These resources when grouped together help convey the special heritage of an area Hamlet Heritage Resource Area selection is an honorary title bestowed in recognition of the special character of a neighborhood, hamlet or area. It honors the properties and the community that has cherished its historic heritage. Properties selected as part of a Hamlet Heritage Resource Area are not subject to additional restrictions, uses or regulations. Properties selected as Hamlet Heritage Resource Areas are not designated as Town landmarks or Town historic districts. The Hamlet Heritage Resource Area selection is for honorary purposes only.
[Added 8-12-2003 by L.L. No. 63-2003]
[Amended 5-13-1986 by L.L. No. 7-1986; 8-9-2005 by L.L. No. 41-2005; 4-22-2008 by L.L. No. 25-2008; 5-27-2014 by L.L. No. 17-2014]
A. 
For buildings and structures in any AE or VE Zone as shown on the applicable Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency for the Town of Southampton, the vertical distance measured from elevation 0 NAVD (88) to the highest point of the highest roof or, in the case of a structure, to the highest point.
B. 
In all other cases, the vertical distance measured from the average elevation of the existing natural grade (before any fill has been or is proposed to be placed thereon) as established on a plan prepared by a licensed professional surveyor, at and along the side of the building or structure fronting on the nearest street to the highest point of the highest roof or, in the case of a structure, to the highest point. On all flag lots and lots utilizing a right-of-way, the flagpole access or right-of-way shall be considered the street front.
HISTORIC PROPERTY
A district, site, building, structure or object significant in American history, architecture, engineering, archeology or culture at the national, state, or local level.
[Added 12-22-2011 by L.L. No. 48-2011]
HOMELESS SHELTER
An establishment licensed by the State of New York Department of Social Services primarily engaged in providing temporary or transitional residential care, room, board, supervision, information and/or referrals to persons voluntarily seeking such service.
[Added 12-22-1992 by L.L. No. 54-1992]
HOME OCCUPATION
Any gainful occupation customarily conducted within a dwelling by the residents thereof that is clearly secondary to the residential use and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/3 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used, and further provided that there shall be no external evidence other than an announcement sign, and in no event shall there be any equipment used in connection with said occupation which is capable of emanating noise outside the structure. However, home occupations shall not be construed to include such uses as the following: clinic or hospital, barbershop or beauty parlor, restaurant, breeding kennel or antique dealer.
HOME PROFESSIONAL OFFICE
The office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, real estate broker or salesman, insurance broker or agent or teacher, as herein restricted, provided that not more than two persons who are not members of the family are employed by or are associated with said office use. If more than two persons who are not members of the family are employed by or are associated with said office use, a home professional office use shall be prohibited and can only be treated as a use variance as a commercial office by the Zoning Board of Appeals. Each lot shall only have one such home professional office use. If more than one home professional office is requested, a home professional office shall be prohibited and can only be treated as a use variance by the Zoning Board of Appeals. Such home professional office may either be in the main building, provided that it shall not occupy more than 1/2 of the area of one floor of said building, or, in the case of an accessory structure which is clearly incidental and secondary to the residential building, said office or studio shall not occupy more than the equivalent of 1/2 of the minimum first-floor area of the principal dwelling for the respective district as provided in §§ 330-104 through 330-108 of this chapter. There shall be no external evidence other than an announcement sign, and in no event shall there be any equipment within the office which is capable of emanating noise outside the structure. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. For the purposes of this definition, a teacher shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at one time. Dancing instruction, band instrument or piano or voice instruction, tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home professional offices. The home professional office of a physician shall not include a biological or other medical testing laboratory.
[Amended 4-24-2001 by L.L. No. 13-2001]
HORSE FARM, HORSE STABLING FACILITY OR HORSEBACK RIDING ACADEMY
A facility, being a land use together with buildings and accessory structures, designed and used for the boarding, breeding, raising, training or stabling of four or more horses or other equines, as either a commercial or noncommercial (private) enterprise.
[Added 6-12-1990 by L.L. No. 14-1990]
HOSPICE RESIDENCE HOME
A home licensed by the state and operated by a certified hospice agency, which is residential in character and physical structure, and is operated for the purpose of providing more than two hospice patients, but not more than eight hospice patients, with hospice care.
[Added 5-26-2009 by L.L. No. 22-2009]
HOSPITALS
Includes public or private buildings, structures, premises or places, together with the grounds thereof, which are used primarily for medical services, including but not limited to general and specialized hospitals, clinics, infirmaries, sanitariums or asylums, and certified by the State of New York.
[Added 10-26-2001 by L.L. No. 48-2001]
HOTEL OR MOTEL, TRANSIENT
A building or group of buildings, whether detached or in connected units, containing individual guest units providing sanitary and sleeping facilities or tourists and vacationers on a transient basis.
[Amended 6-8-1993 by L.L. No. 15-1993]
HOUSEHOLD
Any number of persons, related or unrelated, legally occupying a dwelling, not to exceed the maximum occupancy requirements pursuant to § 330-108.
[Added 10-25-2005 by L.L. No. 57-2005]
HOUSE TRAILER
A movable one-family dwelling originally equipped with or having a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "mobile home."
[4]
INCOME-ELIGIBLE HOUSEHOLD
As defined in § 216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
INDEPENDENT-LIVING RETIREMENT COMMUNITY
A development geared to serve the housing and lifestyle needs of active seniors (age 55 years and up). Retirement communities typically include on-site recreational amenities such as clubhouse, tennis, and a swimming pool.
[Added 8-13-2002 by L.L. No. 29-2002]
INTEGRITY
The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.
[Added 12-22-2011 by L.L. No. 48-2011]
JUNK-SCRAP YARD
Any land or structure or part thereof exceeding 300 square feet in area and used for collecting, storage or sale of wastepaper, rags, scrap metal or other scrap or discarded materials or for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition or for the sale of the parts thereof.
LANDMARK, HISTORIC OR CULTURAL
Shall have a quality of significance in American history, architecture, archaeology and culture as may be found in a district, site, building, structure or object of state and local importance that possesses integrity of location, design, setting, materials, workmanship, feeling and association and that is associated with an event that has made a significant contribution to the broad patterns of our history; or that is associated with the life of a person significant in our past; or that embodies the distinctive characteristics of a type, period or method of construction; or that represents the work of renowned architect or craftsman; or that possesses high artistic value; or that represents a significant or distinguishable entity whose components may lack individual distinction; or that has yielded or may be likely to yield information in prehistory or history, all of the above criteria of evaluation being the same required for the National Register pursuant to the provisions of the National Historic Preservation Act of 1966. Furthermore, in order to constitute an historical or cultural landmark within the meaning of this chapter, the authenticity of the landmark must be acknowledged by the Landmarks and Historic District Board or such other expert or experts as may be designated for this purpose by the Town Board.
[Amended 10-28-2014 by L.L. No. 25-2014]
LIBRARIES
Includes public or private buildings, structures, premises or places, together with the grounds thereof, which are used primarily for collection and use of books, periodicals, manuscripts, publications, recordings, maps or other materials for reading, viewing, listening, study, archives, athenaeums, reference and research.
[Added 10-26-2001 by L.L. No. 48-2001]
LIFE-CARE FACILITY
Also called a “continuing-care retirement community” (CCRC), a life-care facility is a development which encompass multifaceted housing options, typically providing independent living, assisted living, and guaranteed nursing care, to accommodate the lifestyle needs of seniors as they age in place. Life-care facilities offer a complete continuum of senior housing and health-care services.
[Added 8-13-2002 by L.L. No. 29-2002]
LOT
A parcel of land occupied or capable of being occupied by one or more principal buildings and accessory buildings or uses in accordance with the provisions of this chapter, including such open spaces as are required by this chapter, except that a parcel of land located within a single-family, residential district (CR-200, CR-120, CR-80, CR-60, CR-40, R-120, R-80, R-60, R-40, R-20, R-15, and R-10) shall be occupied by only one single-family detached dwelling subject to the conversion of §§ 330-130 and 330-10 and Residence Districts Table of Use Regulations, Subsection A(4).
[5]
LOT, AREA OF
The total horizontal area of a lot exclusive of land in the bed of any street or right-of-way or waterway.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting streets having an interior angle of less than 135º at their intersection. A lot abutting upon a curved street shall also be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135º.
LOT, COVERAGE
The portion of the lot area covered by the area of a building or buildings.
LOT DEPTH
The length of the shortest line which can be drawn from the front lot line to the rear lot line which crosses the portion of the lot on which a building can be located.
[Added 12-9-1986 by L.L. No. 20-1986]
LOT, FLAGPOLE
A lot having road frontage less than the required 40 feet at the street line, and where access is provided by means of a narrow strip of land running from the street to the bulk of the lot.
[Added 2-11-2003 by L.L. No. 7-2003; amended 5-27-2003 by L.L. No. 44-2003]
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE, FRONT
The street right-of-way line at the front of a lot, except that:
A. 
In the case of a flagpole lot, the front lot line used for the determination of width of lot and the required front yard shall be one of the internal lot lines designated by the owner.
B. 
In the case of a waterfront lot, with the exception of an oceanfront lot:
[Amended 7-10-1990 by L.L. No. 19-1990]
(1) 
A waterfront lot line shall be considered the front lot line. The line opposite the front lot line shall be considered the rear lot line.
(2) 
When a lot is formed by a waterfront lot line and a street right-of-way line intersecting, as in this section, such lot shall be considered a corner lot.
(3) 
When a rear lot line is a street right-of-way line, the required rear yard for an accessory building or structure shall be double the required rear yard in the applicable zone.
LOT LINE, REAR
The lot line opposite the front lot line.
LOT LINE, SIDE
Any lot line not a rear lot line nor a front lot line shall be deemed a side lot line.
LOT, THROUGH
A lot extending from one street frontage through to another street frontage or to a municipal off-street parking lot frontage.
LOT, WIDTH OF
The dimension measured from side lot line to side lot line along a line perpendicular to the average depth line of the lot at the required minimum front yard depth or at a depth exceeding the required minimum front yard which is to be the location of the front line of the principal building and is commonly called the building setback line, provided that rear yard requirements are met.
LOW-INCOME HOUSEHOLD
As defined in §216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
MARINA
A facility for the berthing and fueling of all types of recreational watercraft. The term "marina" shall not be deemed to include the term "boatyard" or to include out-of-water storage, restaurant or repair facilities, fishing stations or similar activities.
MEDIAN-INCOME HOUSEHOLD
As defined in §216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
MEZZANINE, LOFT
An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than 1/3 of the area of the room or space in which the level or levels are located.
[Added 8-9-2005 by L.L. No. 41-2005]
MIDDLE-INCOME FAMILY
As defined in § 330-5 of the Town Code as follows: A family whose aggregate annual income is between the income of 80% to 110% to of the median-family income promulgated for the Nassau-Suffolk primary metropolitan statistical area and published annually by the Secretary of the United States Department of Housing and Urban Development pursuant to Section 3(b)(2) of the United States Housing Act of 1937 [42 U.S.C. § 1437a(b)(2)] and Part 813, Subpart A, Section 102, of Title 24, Subtitle B, of the Code of Federal Regulations (24 CFR 813.102).
[Added 5-14-2002 by L.L. No. 10-2002]
MIDDLE INCOME HOUSEHOLD
As defined in §216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
MOBILE HOME
A movable one-family dwelling originally equipped with or having a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "house trailer."
MOBILE HOME SUBDIVISION
A residential land use designed for the location of two or more mobile homes in designated mobile home spaces and including appurtenant facilities and accessory services for residents only.
MODERATE-INCOME FAMILY
A family whose aggregate annual income does not exceed the income limits for lower-income families (i.e., families earning no more than 80% of the median family income for a family of that size) promulgated for the Nassau-Suffolk primary metropolitan statistical area and published annually by the Secretary of the United States Department of Housing and Urban Development pursuant to Section 3(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)(2)] and Part 813, Subpart A, Section 102, of Title 24, Subtitle B, of the Code of Federal Regulations (24 CFR 813.102).
[Amended 2-23-1999 by L.L. No. 1-1999]
MODERATE-INCOME HOUSEHOLD
As defined in §216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
MOTEL, RESORT
A building or group of buildings, whether detached or in connected units, containing individual guest units providing cooking, sanitary and sleeping facilities for tourists and vacationers on a transient basis.
[Amended 6-8-1993 by L.L. No. 15-1993]
MUSEUM
Includes public or private buildings, structures, premises or places, together with the grounds thereof, which are used primarily for galleries, archives, treasuries, exhibitions, depositories and repositories where works of art, scientific specimens or other objects of permanent value are kept and displayed for reading, viewing, listening, study, archives, athenaeums, reference and research.
[Added 10-26-2001 by L.L. No. 48-2001]
NIGHT
The period from 1:00 a.m. of one day to 7:30 a.m. of the same day.
[Added 3-25-1986 by L.L. No. 5-1986]
NIGHTCLUB or CABARET
An establishment primarily engaged in the sale and service of alcoholic beverages for on-premises consumption, subject to 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/tavern under other provisions of this Code.
[Added 4-13-2004 by L.L. No. 14-2004]
NONCONFORMING BUILDING OR STRUCTURE
A building or structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such building or structure, which does not conform to the dimensional regulations of this chapter for the district in which it is situated, irrespective of the use to which such a building or structure is put.
NONCONFORMING LOT
Any lot lawfully existing in single and separate ownership at the effective date of this chapter or any amendment thereto affecting such lot, which does not conform to the dimensional regulations of this chapter for the district in which it is situated. If such lot shall thereafter be held in the same ownership as an adjoining parcel, it shall lose its status as a nonconforming lot, except to the extent that the lot created by the merger of the two parcels shall remain nonconforming in the same respect.
NONCONFORMING USE
Any use of a building, structure, lot or land or part thereof lawfully existing at the effective date of this chapter or any amendment thereto affecting such use, which does not conform to the use regulations of this chapter for the district in which it is situated. A temporary authorization of a permit for a prohibited use granted by the Board of Appeals prior to the adoption of this chapter or any amendment thereto shall not be construed to establish a nonconforming use as herein defined, and therefore, any such authorization and its related use shall terminate upon the expiration thereof.
NONNUISANCE INDUSTRY
Any industry which is not detrimental to the environment in which it is located by reason of emission of smoke, noise, odor, dust, vibration or excessive light beyond the limits of its lot or by reason of generating excessive traffic with attendant hazards; which does not require domestic or process water in excess of 40 gallons per employee or does not discharge any effluent into the ground that does not meet Suffolk County Health Department standards designed to protect against contamination or pollution; and which does not include outdoor processing of materials or open accessory storage yards unless completely enclosed by a solid wall or fence not less than six feet in height.
[6]
NUDE, NUDITY OR SEMINUDITY
The appearance, or state of dress, of a person, viewable by one or more other persons, wherein human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola are exposed or less than completely and opaquely concealed.
[Added 10-26-2001 by L.L. No. 48-2001]
OCEAN BEACH
All land lying between the mean high-water level and the crest of the most seaward dune. In cases where there is no dune present, then the ocean beach shall be all land lying between the mean high-water mark and the naturally occurring beach grass or the upland vegetation if no naturally occurring beachgrass is present.
[Amended 12-23-1986 by L.L. No. 22-1986]
OTHER ADULT COMMERCIAL FACILITIES
Business or commercial enterprises, other than those specifically set forth by definition in this section, that offer or feature, for any form of consideration or gratuity, adult entertainment through any mediums as one of its principal business purposes.
[Added 10-26-2001 by L.L. No. 48-2001]
PARKS
Includes active and passive public lands designated for park purposes by the Town of Southampton, County of Suffolk, State of New York, United States of America, or any other subdivision of government.
[Added 10-26-2001 by L.L. No. 48-2001]
PERMITTED USE
A specific main use of a building, structure, lot or land or part thereof which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use.
PHYSICAL FITNESS FACILITIES
Establishments primarily engaged in operating facilities featuring exercise and other active physical fitness conditioning, whether or not on a membership basis. Health clubs, spas, and similar establishments providing aerobic dance, exercise, and yoga classes are also included here. Health resorts and spas providing lodging are not included in this category.
[Amended 3-11-2003 by L.L. No. 20-2003]
PLANNED INDUSTRIAL PARK
A subdivision of land under the terms of this chapter. A planned industrial park shall be an industrial development of land based on an overall development approved by the Planning Board in accordance with the Subdivision Regulations procedure of the Town in which the dimensional regulations of this chapter may be varied as provided in this chapter.
PLANNED RESIDENTIAL DEVELOPMENT
A subdivision of land under the terms of this chapter. A planned residential development shall be a residential development of land based on an overall development plan approved by the Planning Board in accordance with the Subdivision Regulations procedure of the Town in which the dimensional regulations of this chapter and the type of housing may be varied as provided in Chapter 247 of the Town Code and where certain lands are set apart as permanent open space or common land.
PLANT NURSERY
The out-of-doors raising of landscape or ornamental plants for wholesale. No retail sale shall be permitted either as a principal or as an accessory use.
[Added 10-23-1984 by L.L. No. 19-1984]
PLAYGROUNDS OR PLAYING FIELDS
Public lands designated for recreational or athletic purposes by any school district, library district, the Town of Southampton, County of Suffolk, State of New York, United States of America, or any other subdivision of government.
[Added 10-26-2001 by L.L. No. 48-2001]
POOL HOUSE/CABANA
Any shelter constructed as an accessory to a private body of water or receptacle for water used or intended to be used for swimming or bathing, provided that said shelter is not designed, equipped or used for cooking or sleeping purposes.
[Added 12-27-1988 by L.L. No. 28-1988]
PRESERVATION
The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.
[Added 12-22-2011 by L.L. No. 48-2011]
PROHIBITED USE
A use of a building, structure, lot or land or part thereof which is not listed as a permitted, special exception or accessory use.
PUBLIC GARDEN
A garden designed for educational purposes with scientifically ordered and maintained collections of plants, usually documented and labeled, and open to the general public on a regular and predetermined basis for purposes including, but not limited to, scientific research, conservation, display and education. A public garden shall be operated by a philanthropic or governmental organization or affiliated with an educational institution.
[Added 7-14-2015 by L.L. No. 19-2015]
PUBLIC TRANSIT AREA
Point of access area for public bus or rail service, i.e., municipal bus stop or train station. Public transit areas are identified on the Map of Road Classifications, Transportation Facilities, and Public Transit filed in the office of the Town Clerk.
[Added 10-12-2004 by L.L. No. 29-2004]
RECONSTRUCTION
The act or process of depicting, by means of new construction, the form, features, and detailing of a nonsurviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
[Added 12-22-2011 by L.L. No. 48-2011]
RECYCLABLES TRANSFER FACILITY
Any combination of structures, machinery or devices at a location where recyclables are collected and sorted for transportation to an alternate site.
[Added 4-11-1989 by L.L. No. 8-1989]
REHABILITATION
The act or process of making possible a compatible use through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
[Added 12-22-2011 by L.L. No. 48-2011]
RELIGIOUS INSTITUTIONS
Includes buildings, structures, premises or places, together with the grounds thereof, which are used primarily for religious worship and for which an application has been made and granted for tax exemption, including but not limited to churches, synagogues, mosques, pagodas, temples, chapels, monasteries, convents, nunneries, cloisters, abbeys, tabernacles or shrines.
[Added 10-26-2001 by L.L. No. 48-2001]
RELOCATION
The act of moving a building or structure from one location to another location either on the same parcel or to a different parcel.
[Added 12-22-2011 by L.L. No. 48-2011]
RENOVATION
Any change, addition or modification in construction or occupancy or structural repair or change in primary function to an existing structure that affects or could affect the usability of the building or facility or part thereof. Renovations include, but are not limited to, rehabilitation, reconstruction, historic restoration, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions.
[Added 12-22-2011 by L.L. No. 48-2011]
RESEARCH INSTITUTE OR LABORATORY
A building for experimentation in pure or applied research, design, development and production of prototype machines or devices or of new products and uses accessory thereto. With respect to the application of this chapter, such research institute or laboratory shall meet the standards of a nonnuisance industry.
RESIDENTIAL CONDOMINIUM
A multiple dwelling in which residents have exclusive ownership of particular dwelling units and, in addition, an interest in the common elements associated with the building or buildings in which the particular dwelling unit is located. Interval or time sharing forms of ownership and use shall be deemed included in this definition.
RESIDENTIAL COOPERATIVE
A multiple dwelling in which residents have an ownership interest in the entity which owns the building(s) and, in addition, a lease or occupancy agreement which entitles the residents to occupy a particular dwelling unit within the building. Interval or time sharing forms of ownership and use shall be deemed included in this definition.
[7]
RESIDENTIAL STORAGE SHED
A structure used to store household equipment (including garden equipment, lawn furniture and bicycles) and having a maximum gross floor area of 120 square feet with a height not greater than 12 feet. A residential storage shed shall have no external illumination.
[Added 6-10-2003 by L.L. No. 47-2003]
RESTAURANT, DRIVE-IN
An establishment serving food or drink wherein the service, such as the ordering, delivery or payment, is performed by a carhop, waiter or waitress located outside the confines of a building, to patrons seated in a stationary automobile parked on the premises, and where such consumption is allowed, encouraged or permitted on the premises.
[Added 10-6-2000 by L.L. No. 15-2000]
RESTAURANT, DRIVE-THROUGH OR DRIVE-THRU
An establishment where food or drink is served from within an enclosed building, to patrons seated in automobiles located outside the confines of the building, for immediate consumption, and where all or part of such consumption occurs outside the confines of the building or off the premises.
[Added 10-6-2000 by L.L. No. 15-2000]
RESTAURANT, FAST-FOOD
An establishment in which food is pre-prepared and sold over a counter in disposable containers and wrappers, selected from a limited menu for immediate consumption on or off the premises, and where there are two or more cashier stations available to patrons.
[Added 10-6-2000 by L.L. No. 15-2000]
[Added 10-23-1990 by L.L. No. 27-1990; amended 10-6-2000 by L.L. No. 15-2000]
A. 
An establishment where food or drink are prepared and served within an enclosed building, and predominantly consumed by customers seated at tables on the premises, and shall not include drive-in, drive-through or fast-food restaurants, take-out restaurants or bars, taverns or nightclubs.
B. 
Bar and lounge areas serving beverages shall be accessory to the principal restaurant use. The gross floor area devoted to an accessory bar or lounge area shall constitute no more than 1/4 of the total gross floor area of the dining area.
RESTAURANT, TAKE-OUT
An establishment serving food or drink prepared and served within an enclosed building and sold over a counter for immediate consumption primarily off the premises, and which has a customer service area limited to four tables or space for no more than 15 customers to eat within the establishment at one time, seated or otherwise, including delicatessens, lunch counters, luncheonettes and ice cream and pizza parlors, but excluding fast-food restaurants, drive-in or drive-through restaurants, fast-food restaurants or bars, taverns or nightclubs.
[Added 10-6-2000 by L.L. No. 15-2000]
RESTORATION (HISTORIC)
The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.
[Added 12-22-2011 by L.L. No. 48-2011]
RETAIL CENTER, COMMUNITY
A group of three or more permitted or special exception uses on one or more lots under common ownership or control in one or more buildings with a gross leasable floor area not exceeding 60,000 square feet.
[Added 12-8-1992 by L.L. No. 50-1992[8]]
RETAIL CENTER, HAMLET
A group of three or more permitted or special exception uses on one or more lots under common ownership or control in one or more buildings with a gross leasable floor area not exceeding 30,000 square feet.
[Added 12-8-1992 by L.L. No. 50-1992]
RETAIL CENTER, REGIONAL
A retail business center exceeding 60,000 square feet.
[Added 12-8-1992 by L.L. No. 50-1992]
RETIREMENT COMMUNITY
A housing development which is age restricted and provides amenities to accommodate the lifestyle needs of seniors. Retirement communities typically include on-site recreational amenities, such as clubhouse, tennis, and a swimming pool. Retirement communities have been further defined in this section as being exclusively, or in combination, for independent living, assisted living, or continuing care/life care.
[Added 8-13-2002 by L.L. No. 29-2002]
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted building or structure.
[Added 9-27-2016 by L.L. No. 10-2016]
ROOMING HOUSE
A one-family detached dwelling in which a room or rooms are let to roomers or boarders as permitted by Article II of this chapter. The proprietor of a rooming house must be its owner, who shall also reside on the premises. A rooming house may not be occupied by more than a family as that term is defined and the number of roomers or boarders permitted by § 330-10 of this chapter.
[Added 3-27-1984 by L.L. No. 6-1984]
SCHOOLS
Includes buildings, structures, premises or places, together with the grounds thereof, which are used primarily for public or private educational facilities, as recognized and defined by the New York State Department of Education, including but not limited to preschools; kindergartens; and nursery, elementary, primary, intermediate, junior high, middle, secondary, high, vocational, special education and continuation schools.
[Added 10-26-2001 by L.L. No. 48-2001]
SEASONAL
A month, but not more than six months, where any portion is during the summer.
[Added 3-25-1986 by L.L. No. 5-1986]
SELF-SERVICE STORAGE FACILITY
A facility consisting of a building or group of buildings in a controlled-access compound that contains varying sizes of individual compartmentalized and controlled access stalls or lockers for the dead storage of customer's goods and wares.
[Added 3-9-1993 by L.L. No. 6-1993]
SENIOR CITIZEN
In connection with senior citizen housing, an individual who meets the occupancy restrictions of housing established under the provisions of Article III, Senior Citizen Planned Residential Development (SCPRD), or the occupancy restrictions of retirement communities and continuing-care, life-care and assisted-living facilities established under Article XXVI, Planned Development District (PDD), § 330-240 et seq., or the eligibility criteria for a senior citizen housing unit as defined in § 216-2 and § 216-5E of the Town Code.
[Amended 8-13-2002 by L.L. No. 29-2002; 12-13-2005 by L.L. No. 69-2005]
SENIOR CITIZEN HOUSING UNIT
A dwelling unit or apartment, reserved for senior citizens, as defined in § 216-2 and § 216-5E of the Town Code. See "age-restricted unit."
[Added 12-13-2005 by L.L. No. 69-2005]
SENIOR CITIZEN ZONE (SC-44)
A higher-density, age-restricted residential land use designed to help make possible housing opportunities for seniors, with accommodations to meet lifestyle needs as they age in place.
[Added 8-13-2002 by L.L. No. 29-2002]
SENSITIVE RECEPTORS
Includes buildings, structures, premises or places, together with the grounds thereof, which are used primarily for public or private hospitals, libraries, museums, religious institutions, schools, parks, playgrounds or playing fields.
[Added 10-26-2001 by L.L. No. 48-2001]
SHOOTING
Any kind of repetitive shooting at targets, including trap and skeet, and using legally authorized firearms. Shooting shall not be interpreted to include the hunting of game birds and animals.
SHOP FOR THE RETAIL SALE OF LARGE APPLIANCES, CARPETS AND FURNITURE
Majority of the products sold are those items not ordinarily taken from the premises by the buyer and which normally require delivery.[9]
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
[Added 9-27-2016 by L.L. No. 10-2016]
SOLAR ENERGY SYSTEM
A system that transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or other means.
[Added 9-27-2016 by L.L. No. 10-2016]
SOLAR PANEL
A device capable of collecting and converting solar energy into electrical or thermal energy.
[Added 9-27-2016 by L.L. No. 10-2016]
SPECIAL EXCEPTION USE
A use in one or more districts, for which the Planning Board may grant a permit pursuant to the provisions of Article XVII.
[Amended 5-13-1986 by L.L. No. 7-1986]
SPECIFIED ANATOMICAL AREAS
Includes, with regard to the human body:
[Added 10-26-2001 by L.L. No. 48-2001]
A. 
Genitals, pubic region, buttocks, anus or female breast below a point immediately above the top of the areola less than completely and opaquely concealed; and/or
B. 
Male genitals in a discernible turgid state, even if completely and opaquely concealed.
SPECIFIED SEXUAL ACTIVITIES
Includes, with regard to the human body, actual or simulated depictions or descriptions of:
[Added 10-26-2001 by L.L. No. 48-2001]
A. 
Genitals in a state of sexual stimulation or arousal; and/or
B. 
Acts of masturbation, sexual intercourse or sodomy; and/or
C. 
Fondling or other erotic touching of genitals, pubic region, buttocks, anus or female breast.
SPORTS COURT
Unroofed playing surfaces not exceeding 7,200 square feet and unroofed swimming pools.
[Added 8-9-2005 by L.L. No. 41-2005]
STACKING LANE
An on-site queuing lane for motorized vehicles which is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs.
[Added 2-25-2003 by L.L. No. 13-2003]
STORY
That portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the room or space immediately below, it shall be deemed a story. A basement shall be deemed to be a story when the finished floor immediately above is six feet or more above the average elevation of the finished grade. An attic shall be deemed to be a story where it meets the requirements for habitable space.
[Amended 8-9-2005 by L.L. No. 41-2005]
STREET
Any federal, state, county or Town highway or road or any street shown upon a subdivision plat filed in the County Clerk's office and any private road providing access to subdivided land existing prior to the adoption of this chapter.
STREET, COLLECTOR or SECONDARY HIGHWAY
Any street or highway so classified by the Town of Southampton Master Plan of 1970 and subsequent amendments thereto, if any.
STREET LINE
The dividing line between a lot and a street right-of-way.
STRUCTURE
Anything constructed or erected on or under the ground or upon another structure or building, excluding walkways and driveways.
STRUCTURE, FISHING
Any fish trap, gill net, holding net, oyster raft or similar structure expressly used for the catching or temporary holding of finfish or the raising of shellfish.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
[Added 12-22-2011 by L.L. No. 48-2011]
SUBSTANTIAL IMPROVEMENT
Any repair, renovation, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50% of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
[Added 12-22-2011 by L.L. No. 48-2011]
A. 
Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the Code Enforcement Official and that are the minimum necessary to assure safe living conditions.
B. 
Any alteration of a historic structure, provided that the proposed alteration will not preclude the structure's potential or continued historic designation, as determined by the Landmarks and Historic Districts Board.
SUMMER
June 1 through August 31 of any year.
[Added 3-25-1986 by L.L. No. 5-1986]
SWIMMING POOL
Any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.
[Amended 3-11-2003 by L.L. No. 24-2003]
TENNIS COURT
A structure constructed on the ground consisting of a playing area of whatever consistency used to engage in the game of tennis and having a permanent or temporary net. A backstop, if constructed, consisting of netting, fencing or similar material and designed to prevent the passage of tennis balls shall also be part of a tennis court.
THEATER, COMMUNITY
The presentation of motion pictures on one or more screens or stage productions within a building on a paid admission basis and which in no case shall contain greater than a total of 800 seats. However, within the Village Business (VB) District, the total allowable number of seats may be increased to a maximum of 1,200 by the Town Planning Board subject to §§ 330-182, 330-93 through 330-101 and 330-157 of this Code. A community theater shall constitute one use, notwithstanding that said use may include more than one screen or auditorium within the building.
[Amended 2-13-1996 by L.L. No. 3-1996]
THEATER, REGIONAL
A building or buildings devoted to showing motion pictures on one or more screens or stage productions on a paid admission basis and which contains greater than 800 seats or has a rated occupancy, as determined by the Southampton Town Department of Fire Prevention, of greater than 800 persons. A regional theater shall constitute one use, notwithstanding that said use may be included in more than one building or that more than one screen or auditorium may be located in a building. Where the enterprise is located within separate buildings, said enterprise shall be considered a regional theater where the total number of seats or occupancy exceeds 800.
TIDAL FLOODPLAIN
The upland area along the shore of the Atlantic Ocean and the various bays in the Town of Southampton where flooding is anticipated during a standard project design hurricane, including wind setup and wave run-up factors, as set forth in this chapter and approximately as determined by the Corps of Engineers in its Interim Hurricane Study, Atlantic Coast of Long Island, New York, Jones Inlet to Montauk Point (Remaining Areas), dated December 1965, and as set forth on the Flood Insurance Rate Map prepared for the Town of Southampton by the Federal Emergency Management Agency, dated June 1, 1983, and as may be amended from time to time.
[Amended 7-10-1990 by L.L. No. 19-1990]
TIDAL WETLAND
All those areas within the Town of Southampton customarily inundated regularly or intermittently by normal tidal cycles and/or peak lunar tides, including salt marshes which shall be presumed to be those areas upon which some, but not necessarily all, of the following grow or are capable of growing: salt hay (Spartina patens), spike-grass (Distichlis spicata), black grass (Juncus gerardi), cordgrass (Spartina alterniflora), saltworts (Salicornia species), sea lavender (Limonium carolinanus), salt-marsh bulrushes (Scripus species), sand spurrey (Spergularia marina), high tide bush (Baccharis halimifolia,) marsh-elder (Iva frutescens), cattails (Typha species), and spike rush (Eleocharis rostellata).
TRANSIENT
Daily or weekly.
[Added 3-25-1986 by L.L. No. 5-1986]
UNIT RESERVED FOR LOW-INCOME HOUSEHOLD
As defined in § 216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
UNIT RESERVED FOR MODERATE-INCOME HOUSEHOLD
As defined in § 216-2 of the Town Code.
[Amended 2-23-1999 by L.L. No. 1-1999; 12-13-2005 by L.L. No. 69-2005]
UNIT RESERVED FOR MIDDLE-INCOME HOUSEHOLD
As defined in § 216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
UNIVERSAL DESIGN
The design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. In housing environments, 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.
[Added 12-23-2002 by L.L. No. 54-2002]
VARIANCE
A modification of the regulations of this chapter granted on grounds of practical difficulties or unnecessary hardship pursuant to the provisions § 330-166.
VARIANCE, MINOR
A variance from the requirements for lot coverage or front, rear or side yard (including total side yard) setbacks, pursuant to § 330-11, 330-34 or 330-38 hereof, or from § 330-115D, provided that the variance does not reduce the lot coverage and/or reduce the setback in question by more than 25%.
[Added 4-13-1993 by L.L. No. 10-1993]
VEHICLE
Any motor vehicle as defined by § 125 of the Vehicle and Traffic Law.
[Added 3-25-1986 by L.L. No. 5-1986]
VILLAGE CENTER
The center of an incorporated village within the Town, which is often characterized by a mixture of nonresidential and residential, uses. Village centers typically are pedestrian-oriented areas of commercial and civic uses, which generally include higher-density forms of housing and access to public transportation. Village centers are identified on the Map of Hamlet Centers and Village Centers filed in the office of the Town Clerk. The zoning classifications that generally define a village center include those that typically allow for shopping, personal services, and community facilities.
[Added 10-12-2004 by L.L. No. 29-2004]
VISITABILITY
A design criterion that affords all persons basic access to residential buildings. Access features to visitable homes include a zero-step entrance, accessible hallways, and bathrooms with doors wide enough for a wheelchair user to enter. Such features on the first level of a dwelling make the home visitable to guests with disabilities and can help a resident adapt in his/her home should the resident's needs change due to disability, age, or reduced mobility.
[Added 12-23-2002 by L.L. No. 54-2002]
WALL
A structure of wood, stone or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.
WATER-DEPENDENT USE
A commercial, recreational or not-for-profit activity, facility and/or establishment which requires direct access to tidal surface waters as an integral part of its daily operation. A water-dependent use shall be construed to include the following activities, facilities and establishments: marinas, yacht basins and all similar facilities which provide short-term and/or long-term dockage/berthing for recreational and commercial watercraft; fishing piers; party/charter/excursion boat services; boat and canoe rental; and public swimming beach, but not water-enhanced uses, which are defined separately in this chapter.
[Added 3-14-1995 by L.L. No. 14-1995]
WATER-ENHANCED USE
A commercial, recreational or not-for-profit activity, facility and/or establishment that does not absolutely require a waterfront location in order to function, but which contributes to the economic viability of water-dependent uses or which increases the public's enjoyment of the waterfront. Water-enhanced uses shall be construed to include restaurants; resort motels; bed-and-breakfasts; retail shops/outdoor markets; offices of marine-related services; marine-related not-for-profit philanthropic, fraternal, scientific research, social or educational institutional offices or meeting rooms; picnic grounds; public parks; maritime museums and outdoor theaters.
[Added 3-14-1995 by L.L. No. 14-1995]
WATERFRONT BUSINESS COMPLEX
A grouping of three or more business uses on a single waterfront lot or on two or more adjacent lots which when combined make a single site of which a portion enjoys water frontage, and carried out in accordance with an approved master site plan for unified parking, access, landscaping, pedestrian circulation, architecture, drainage, waste disposal and the like and which will support at least one water-dependent use.
[Added 3-14-1995 by L.L. No. 14-1995]
WEEKLY
Weekly, but not to exceed a month, by the same person in any calendar year.
[Added 3-25-1986 by L.L. No. 5-1986]
WIND ENERGY CONVERSION SYSTEM
An accessory structure designed and constructed or erected for the purpose of converting wind energy into mechanical or electrical power.
YARD, FRONT
An open, unoccupied space on the same lot with a building, situated between the nearest roofed portion of the principal building and the front lot line of the lot and extending from side lot line to side lot line in the case of interior lots. Corner lots shall have two such front yards situated between the nearest roofed portion of the principal building and the front lot line along each street.
[10]
YARD, REAR
A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the rear lot line of the lot and extending from side lot line to side lot line.
[11]
YARD, REQUIRED
That yard as required in §§ 330-11, 330-34, 330-38, as allowed in § 330-115D, or as may be legally existing nonconforming.
[Added 8-9-2005 by L.L. No. 41-2005; amended 1-10-2006 by L.L. No. 3-2006]
YARD, SIDE
A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the side lot line of the lot and extending through from the front yard or from the front lot line, where no front yard exists, to the rear yard or to the rear lot line where no rear yard exists.
[12]
ZONING MAP
The official map adopted by the Town Board of the Town of Southampton, as amended from time to time.
[Added 6-8-1999 by L.L. No. 10-1999]
[1]
Editor's Note: Section 3 of this local law stated as follows: "Existing accessory apartments lacking a certificate of occupancy may achieve conforming status without a violation being prosecuted by applying for a building permit within one year of the effective date of this local law and complying with the requirements of this section." This local law shall remain in effect until December 31, 1994.
[2]
Editor's Note: See diagrams for court and open space situations included at the end of this chapter.
[3]
Editor's Note: The former definition of “Director of Housing,” which was added 12-13-2005 by L.L. No. 69-2005 and which immediately followed, was repealed.
[4]
Editor's Note: The former definition of “Housing Director,” which was added 12-13-2005 by L.L. No. 69-2005 and which immediately followed, was repealed 8-12-2008 by L.L. No. 46-2008.
[5]
Editor's Note: The Residence Districts Table of Use Regulations is located at the end of this chapter.
[6]
Editor's Note: The former definition of “nursery school,” which immediately followed this definition, was repealed 9-14-1993 by L.L. No. 30-1993.
[7]
Editor's Note: The former definition of "restaurant," which immediately followed this definition, was repealed 10-23-1990 by L.L. No. 27-1990. The former definition of "restaurant: fast-food, drive-in, take-out and counter-service," added by the same local law, was superseded 10-6-2000 by L.L. No. 15-2000. See now the individual definitions of "fast-food restaurant," "drive-in restaurant" and "take-out restaurant."
[8]
Editor's Note: Section 6, Applicability, of this local law stated as follows: "This local law shall not apply to any shopping center or planned retail center proposal for which site plan approval has been granted by the Planning Board before this local law's effective date, provided that the site plan is signed by the owner pursuant to § 330-184K and a building permit is obtained within one year of the effective date of this local law."
[9]
Editor's Note: The former definitions of "sign," "billboard sign," "identification sign," "professional or announcement sign," "real estate or construction sign," and "temporary sign," which immediately followed, were repealed 11-9-2004 by L.L. No. 38-2004. See now § 330-201.
[10]
Editor's Note: See diagrams for front, side and rear yards on file in the office of the Town Clerk.
[11]
Editor's Note: See diagrams for front, side and rear yards on file in the office of the Town Clerk.
[12]
Editor's Note: See diagrams for front, rear and side yards on file in the office of the Town Clerk.