[Amended 5-13-1986 by L.L. No. 7-1986; 8-23-2005 by L.L. No. 44-2005]
A.
Accessory buildings, including garages, if detached
from a main building or if connected only by an open breezeway-type
structure, shall be not less than five feet from the main building.
B.
A private garage may be constructed as a structural
part of a main building, provided that when so constructed the garage
walls shall be regarded as the walls of the main building in applying
the front, rear and side yard regulations of this chapter.
C.
No accessory building, structure, or use shall be
permitted on a lot or plot unless a main or principal building already
exists on said lot or plot and has a valid certificate of occupancy
or a valid building permit has been issued and is in effect for the
construction or erection of a main or principal building. This restriction
shall not apply to agricultural or farm buildings or structures.
[Amended 6-8-2010 by L.L. No. 17-2010; 7-13-2010 by L.L. No.
21-2010]
(1)
However,
where a property owner owns two or more contiguous conforming residential
lots in common ownership, at least one of which is improved with a
single-family dwelling, an accessory building or structure may be
constructed on any vacant conforming contiguous lot, provided that
the applicant demonstrates the existence of sufficient buildable area
to construct a principal structure on the lot upon which the accessory
structure is to be constructed. Should common ownership of the contiguous
lots cease, the accessory building or structure must be removed within
six months or the owner of the lot without a principal structure must
obtain a building permit for a principal building or structure within
six months. For purposes of this provision only, "common ownership"
shall be deemed to refer to:
(a)
Title to contiguous properties being held in the same name(s);
(b)
Title to contiguous properties being held by a married or registered
domestic couple with any combination of one or both names on either
deed; or
(c)
An individual or married or registered domestic couple holding title
to one or both of the contiguous properties in the name of one or
more corporations, limited-liability companies, trusts, family limited
partnerships, or any other similar beneficial entities.
(2)
Prior
to the issuance of any permit for said accessory building or structure
on the conforming contiguous lot, the Building Inspector shall take
into consideration any applicable overlay district(s) on the parcel
and its resultant impact, including, but not limited to, clearing
restrictions in the Aquifer Protection Overlay District (APOD).
(3)
The Building Department shall note, on the certificate of occupancy or certificate of compliance issued for said accessory building or structure on the conforming contiguous lot, that said building or structure is permitted pursuant to Town Code § 330-76C and, thus, is subject to change upon conveyance of either parcel.
D.
Accessory buildings and structures, including private
garages, shall not be placed within a required front yard, a required
side yard nor the total required side yard for a principal building,
except as allowed elsewhere in this chapter.
E.
An access driveway may be located within a required
yard.
F.
Accessory off-street parking or truck loading areas
shall be improved in accordance with Town specifications.
G.
Required accessory off-street parking areas or truck
loading space shall not be encroached upon by buildings, open storage
or any other use.
H.
The storage of manure or of odor- or dust-producing
substances as an accessory use shall not be permitted within 50 feet
of any side or rear lot line or within 100 feet of any front lot line.
I.
All accessory buildings, structures or land used for animal husbandry shall conform to the provisions of § 330-79.
J.
The keeping of more than two dogs more than six months old in outdoor shelters or pens or the keeping of any horses or farm livestock on the premises shall conform to the provisions of § 330-79, except in the case of a veterinarian, veterinary hospital or kennel.
K.
A wind energy conversion system may be constructed
or erected in the applicable zones as prescribed in the Tables of
Use Regulations, provided that:
(1)
Such wind energy conversion systems shall be set back
from all property lines, aboveground utility lines, radio or television
towers or other wind energy conversion systems a distance equal to
or greater than the distance from existing grade at the foot of the
tower to the top of the sweep of the blade or rotor system.
(2)
No such system shall be located in a required yard.
(3)
All guy wires and anchors shall be located at least
10 feet from any property lines.
(4)
No wind energy conversion system shall be constructed
until a building permit has been issued to the property owner by the
Building Inspector. Each application shall be accompanied by a complete
plan drawn to scale showing the location of the tower on site, existing
grade elevation, location of all structures, aboveground power lines
or other utility lines within a radius equal to the distance from
existing grade at the foot of the tower to the top of the sweep of
the blade or rotor system and dimensions and sizes of the various
structural components of the tower's construction. Also submitted
shall be a detail design of the entire structure, including footings,
tower, rotor or blade system and any other component of the wind energy
conversion system, with computations submitted by a registered professional
engineer licensed in the State of New York certifying that the tower
(including footings and rotor system) is designed to comply with the
wind load requirements of the New York State Building Construction
Code. It shall also be certified by said engineer that the energy
conversion system is designed so as not to exceed the peak load requirements
of the user(s) of the system.
(5)
No climbing pegs shall be located closer than 12 feet
to the ground level at the base of the structure for freestanding
single pole or guyed towers. A six-foot-high fence with a locking
portal shall be required to enclose lattice towers.
(6)
The minimum distance between the ground and any part
of the rotor or blade system shall be 15 feet.
(7)
An automatic braking, governing or feathering system
shall be required to prevent uncontrolled rotation at wind speeds
greater than 40 miles per hour.
(8)
All power transmission lines from the tower to any
building or other structure shall be located underground.
(9)
No television, radio or other communication antennas
may be affixed or otherwise made part of such wind energy conversion
system.
(10)
Wind energy conversion systems shall not cause
interference with radio and/or television broadcasting or reception
and shall comply with the provisions of 47 CFR 15 (Federal Communications
Commission), as exists or as may be amended.
(11)
Evidence satisfactory to the Building Inspector
shall be submitted that the wind energy conversion system complies
with the regulations of the Federal Aviation Administration Part 77,
Subchapter B, as exists or as may be amended.
(12)
All necessary approvals of other agencies having jurisdiction over such installation, including but not limited to a New York Board of Fire Underwriters inspection certificate, shall be presented to the Building Inspector of the Town of Southampton prior to the issuance of a building permit. In addition, the owner of the premises on which said system is to be erected shall sign a statement prepared by the Town acknowledging the provisions of § 330-76K(16) of this article and agreeing that the issuance of a permit for the construction of said wind energy conversion system is subject to such provisions. No person other than the owner of the premises may sign such statement.
[Amended 1-10-2006 by L.L. No. 2-2006]
(13)
Property owners may construct a wind energy
conversion system for their use in common, but such a system may not
be rented or leased to any other corporation or individual and shall
be for the sole use and benefit of the owners of property which utilize
such system or the tenants or lessees of such property. The mechanical
or electrical energy produced or generated by such system may not
be sold or otherwise made available to any individual or corporation
other than the owner, tenant or lessee of the subject properties,
or a public utility regulated by the Public Service Commission. If
such wind energy conversion system is to be used in common, all owners
and users of such system shall be made part of the application, and
appropriate underwriter certificates, etc., shall be submitted for
all properties, buildings and structures to be served by such system.
(14)
A certificate of compliance indicating that
the wind energy conversion system has been built in conformance with
the plans and specifications filed with the Building Department shall
have been issued prior to the operation of the wind energy conversion
system.
(15)
No alterations, additions, modifications, substitutions
or deletions shall be made to such wind energy conversion system without
approval of the same pursuant to the provisions of this article.
(16)
The Building Inspector and/or the Town Engineer
shall have the right at any reasonable time to enter, in the company
of the owner or his agent, the premises on which a wind energy conversion
system has been constructed to inspect all parts of said wind energy
conversion system installation and require that repairs or alterations
be made if, in his judgment, there exists a deficiency in the operation
or in the structural stability of the system. If necessary, the Building
Inspector or Town Engineer may order the system secured or otherwise
cease its operation. It shall not be required that the owner or his
agent be present in the event of an emergency situation involving
danger to life, limb or property.
L.
Solar energy systems. All such systems are permitted as an accessory use in all zoning districts when the primary purpose is for producing electricity or thermal energy for on-site consumption. Nothing shall preclude solar energy systems to be used in conjunction with battery energy storage systems as per Subsection M herein and § 330-162.21.
[Added 9-27-2016 by L.L.
No. 10-2016; amended 2-28-2023 by L.L. No. 9-2023]
(1)
Roof-mounted solar energy systems.
(b)
Height: shall not exceed the maximum height restrictions of
the zoning district within which they are located.
(c)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate the following design requirements:
[1]
When feasible, solar energy equipment shall be installed inside
walls and attic spaces to reduce its visual impact. If solar energy
equipment is installed externally, then it shall be placed in the
side or rear yard of the subject building so as not to be visible
from a public right-of-way. If solar energy equipment is visible from
a public right-of-way, it shall match the color scheme of the underlying
structure or otherwise be screened/shielded to the extent reasonable
feasible without compromising the effectiveness of the solar collectors.
[2]
Panels facing the front yard shall be mounted at the same angle
as the roof's surface, with a maximum distance of six inches between
the roof and highest edge of the system.
[3]
Building-mounted solar energy systems shall not extend horizontally
beyond any roof overhang.
[4]
Solar panels installed as awnings or attached as shade elements are
permitted so long as the provisions of this and other applicable requirements
are met.
(2)
Ground-mounted solar energy systems.
(a)
Maximum height shall not exceed 15 feet.
(b)
Shall adhere to the setback requirements pursuant to § 330-77G, as well as transition yard requirements pursuant to § 330-83, as may be applicable, but in no case shall be located closer than 10 feet to any property line, unless screened/shielded so as not to be visible to adjoining properties or public streets.
(c)
All such systems shall be installed in the side or rear yards.
(3)
Solar
canopy.
(a)
A solar canopy shall be designed and approved as per § 330-183.1 and shall meet applicable drainage requirements of the Town Engineer.
(b)
Racking and/or mounting equipment shall be fit with a decorative
beneer so as to be attractive and representative of the upscale design
aesthetic of Southampton.
(c)
Height. The minimum clear height to the lowest structural member
of the canopy shall be 14 feet as measured from finished grade. The
maximum height of the highest edge of the canopy and/or photovoltaic
panels shall be 21 feet as measured from the finished grade.
(d)
The site plan shall demonstrate an interior circulation plan accommodating
all modes of vehicle transportation, including pedestrians and emergency
vehicles.
(e)
Solar canopies constructed in flood hazard zones, shall comply with
all applicable FEMA standards.
M.
Battery
energy storage systems.
[Added 1-26-2021 by L.L.
No. 3-2021]
(1)
All
battery energy storage systems and structure(s) that contain or are
otherwise associated with battery energy shall be designed, erected,
and installed in accordance with all applicable provisions of the
New York State Uniform Fire Prevention and Building Code, Energy Conservation
Construction Code and all applicable provisions within the Southampton
Town Code.
(2)
Battery energy storage systems with an aggregate capacity less than or equal to 80 kWh shall be permitted as accessory to residential and nonresidential uses, in attached or detached garages, accessory buildings, along exterior walls, and outdoors and shall meet applicable zoning setbacks and as well as transition yard requirements pursuant to § 330-83.
(3)
The
Chief Building Inspector shall determine the size limits of any proposed
accessory structure utilized for accessory storage for battery energy
storage systems.
(4)
Battery
energy storage systems with an aggregate capacity between 80 kWh and
600 kWh shall meet the following additional standards:
(a)
All such systems are subject to accessory structure setbacks in the district in which they are located, as well as all transition yard requirements pursuant to § 330-83, but in no case shall be located in a required front yard or closer than 10 feet to any property line.
(b)
All such systems shall be enclosed by a six-foot-high fence with
a self-locking gate to prevent unauthorized access. Fencing shall
comply with all additional zoning requirements.
(c)
When placed in commercial districts, all such systems shall be screened
with evergreen landscaping at a minimum of four feet in height.
(d)
Maximum height of any storage container shall not exceed 10 feet.
(f)
Areas within 10 feet on each side of battery energy storage systems
shall be cleared of combustible vegetation and other combustible growth.
Single specimens of trees, shrubbery, or cultivated ground cover,
such as green grass, ivy, succulents, or similar plants used as ground
covers may be exempt, provided that they do not form a means of readily
transmitting fire. The system shall be sited so that removal of mature
trees is minimized to the maximum extent possible.
(6)
(6) Applications for battery energy storage systems with an aggregate capacity greater than 600 kWh shall be treated as primary use and is subject to site plan review and the special exception standards set forth in § 330-162.21.
N.
Pickleball courts.
[Added 12-12-2023 by L.L.
No. 40-2023]
(1)
New pickleball courts are permitted within the required rear yard
with a minimum fifty-foot setback from all property lines.
(2)
Except in the CR-200 Zoning District, a new pickleball court is permitted
within the required rear yard with a minimum thirty-foot setback from
all property lines subject to the following standards: (a) shall be
sunken at least four feet when measured from the lowest adjacent existing
grade; and (b) shall be surrounded on three sides by a six-foot, sound-attenuation
wall, placed no further than 10 feet from the edge of the court, constructed
of a minimum of 3/4-inch solid boards, and with the middle section
of the wall on the court side closest to the nearest adjoining property
line.
(3)
The conversion of a legally existing tennis court or sports court
into a pickleball court is permitted if the existing court is located
a minimum of 50 feet from all property lines.
(4)
Except in the CR-200 Zoning District, the conversion of a legally
existing tennis court or sports court into a pickleball court is permitted
with a minimum thirty-foot setback: (a) so long as the court is at
least four feet below grade with a solid noise barrier of at least
3/4-inch thick, six feet high installed along the length of the two
sides of the court closest to the property lines; or (b) if the court
is at grade, a solid noise barrier at least 3/4-inch thick, eight
feet high must be installed along the length of three sides of the
court, with the middle section of the wall on the court side closest
to the nearing adjoining property line.
[Amended 12-27-1988 by L.L. No. 28-1988; 6-10-2003 by L.L. No. 47-2003; 10-26-2004 by L.L. No. 32-2004; 8-23-2005 by L.L. No. 44-2005]
A.
Accessory off-street parking areas shall not be located
in a required front yard or side yard and shall be not less than 10
feet from any property line in a required rear yard.
B.
No commercial vehicle nor any house trailer, mobile
home, boat or boat trailer or any similar equipment shall be parked
in any front yard or in any required side yard or within 10 feet of
any property line in a required rear yard.
C.
The height of any accessory building located or constructed
in any residential zone shall not have a height greater than 20 feet.
However, this restriction shall not apply to agricultural or farm
buildings.
D.
Accessory buildings and/or structures to be located or constructed in any residential zone in the required rear yard for a main or principal building shall not occupy more than 50% of such required rear yard, except for the area of the footprint associated with a ground-mount energy system having a minimum output of five kilowatts and decks and patios within 12 inches of grade. The total lot coverage shall not exceed the maximum lot coverage provided in § 330-11.
[Amended 9-27-2016 by L.L. No. 10-2016; 5-23-2023 by L.L. No. 20-2023]
E.
A residential storage shed as defined in § 330-5 shall be permitted in the rear yard of a lot if it meets the rear and side yard setbacks for accessory structures as defined in § 330-11 of the Town Code. Residential storage sheds that are located on lots 80,000 square feet and less in all zoning districts, except waterfront lots, shall be allowed to have a minimum side and rear yard setback of 10 feet. This relief shall be granted for one residential storage shed per lot.
F.
A deck, unroofed steps, patio, or terrace abutting or attached to a principal dwelling shall be subject to accessory structure setbacks, with the exception of distance from street regulations, as described in § 330-11.
G.
Residential pool equipment, generators, and electrical equipment are not considered accessory structures and are exempt from accessory structure setbacks, but must maintain a ten-foot setback from all property lines, except for property located wholly within an R-10 Residential Zoning District, where an eight-foot setback from all property lines must be maintained. Screening from abutting properties and noise mitigation to comply with § 235-1, the definition of "noise pollution," is required.
[Added 4-22-2008 by L.L. No. 23-2008]
[Amended 9-8-1987 by L.L. No. 5-1987; 8-26-2003 by L.L. No. 65-2003]
Except in the HO and HC Districts, accessory off-street parking areas may be located in required front, side or rear yards, provided they are set back at least 10 feet from all property lines. In the HO and HC Districts, no off-street parking shall be permitted in the front yard. Such accessory off-street parking shall, however, not encroach on required transitional yards established in accordance with § 330-83G. The Planning Board may allow accessory off-street parking areas to be set back less than the above-required 10 feet, so long as the Planning Board finds that the location of such off-street parking areas facilitates the coordination of joint access driveways and/or joint parking areas with neighboring commercial properties.
[Amended 7-26-2011 by L.L. No. 25-2011]
A.
In CR and R Districts, the following shall apply to
the keeping of animals in all forms, except the keeping of animals
as household pets:
(1)
Animal husbandry shall only be permitted on sites
of 10 acres or more.
(2)
All shelters provided for livestock, fowl or fur-
and woolbearing animals shall be at least 150 feet from any street
line and 200 feet from any other property line, except that an existing
shelter may remain and be added to, provided that the addition shall
not encroach on a required yard.
(3)
The disposal of animal wastes shall be provided for
in such a manner as to prevent any nuisance or sanitary problem.
B.
In CR and R Districts, agricultural and gardening
uses shall comply with the following requirements:
(1)
Cover crops shall be planted or sown on all cultivated
land of one acre or more within two weeks of the date when crops are
harvested therefrom and in no event later than October 30 of any year.
Such crops shall be grown and maintained in such condition as to protect
the soil against wind erosion at all times to the full extent possible
after the use of such due diligence as a reasonably prudent farmer
or gardener would employ or exercise under all circumstances.
[Added 5-11-1993 by L.L. No. 13-1993; amended 11-7-1994 by L.L. No. 54-1994; 5-13-1997 by L.L. No. 10-1997; 6-14-2005 by L.L. No. 21-2005; 7-25-2006 by L.L. No. 41-2006; 9-14-2010 by L.L. No. 31-2010; 4-26-2011 by L.L. No. 11-2011]
A.
Permit required. It shall be unlawful to sell at retail crops and
other farm-related products at an accessory farmstand, unless the
farmer-operator shall apply for and receive a permit from the Chief
Fire Marshal. Said permit shall allow the farmer-operator to erect,
maintain, use or operate, on a temporary basis, a farmstand as an
accessory use, as set forth in this section. Said temporary permit
shall be known as a "farmstand permit."
B.
No permit shall be required for the person who intends to sell crops
he or she grows in the Town of Southampton at a single roadside stand
with a display area less than 40 square feet in area.
C.
The application for said permit shall be in a form prepared by the
Chief Fire Marshal and shall include at least the following items
of information:
(1)
The name(s) and address(es) of the property owner, the farmer-applicant
(if other than the owner) and of any professional engaged to work
on the application.
(2)
Where the farmer-applicant is not the owner of the property
where the farmstand is located, written authorization with a notarized
signature from the owner for the submission of the application.
(3)
The location of the property upon which the farmstand is to
be situated and the location of the lands in agricultural production
associated with this application.
(4)
The Suffolk County Tax Map number(s) shall be provided for all
parcels involved in the application.
(5)
A written statement describing and listing all crops grown by
the farmer-applicant which will be eligible for sale at the farmstand.
Said list may be based upon the crops listed in the New York State
Guide to Farm Fresh Foods, published by the New York State Department
of Agriculture and Markets. The Chief Fire Marshal may also accept,
as additional proof, the farmer's seed order list for the current
growing season.
(6)
A written statement describing and listing all supporting products
which are intended for sale at the farmstand.
(7)
An informal site plan, sketch or survey map of the roadside
stand parcel, depicting the location and setbacks of all buildings,
structures, displays, signs, off-street parking areas, driveways and
other significant natural or man-made features within 100 feet of
the farmstand.
(8)
A sworn notarized statement signed by the farmer-applicant agreeing
to abide by the provisions of this section and all other applicable
statutes, ordinances and regulations governing the sale of crops and
other farm products, and that the farmer-applicant agrees to remove
all temporary buildings, structures and/or signs erected pursuant
to this temporary farmstand permit within 30 days of the closing of
the farmstand.
D.
There shall be a filing fee for each application for a temporary
farmstand permit in an amount to be established, and changed as needed,
by resolution of the Southampton Town Board.
E.
In addition to the requirements of this section, any other standards, codes, rules or regulations which may be applicable to the erection, maintenance, use or operation of a temporary farmstand shall apply, including location in an appropriate zoning district as regulated by §§ 330-10, 330-33 and 330-37 (Tables of Use Regulations). All temporary farmstands accessing county roads shall receive a Suffolk County Highway work permit prior to issuance of a temporary farmstand permit.
F.
Special standards.
(1)
Temporary farmstand permit. The Chief Fire Marshal may issue
a permit for the retail sale of crops and other farm-related products
at an accessory farmstand for a maximum period of nine successive
months in any twelve-month period. The permit issued by the Chief
Fire Marshal shall state the expiration date of such temporary permit.
(2)
Accessory use. The temporary farmstand shall be accessory to
the principal use of growing crops by the farmer-applicant. The area
devoted to the principal use of growing crops by the farmer-applicant
shall be no less than 10 acres located in the Town of Southampton.
The farmer-applicant may grow his or her products on a number of smaller
parcels located in the Town, provided that the total number of acres
where products are grown is no less than 10 acres and that all the
parcels are part of a single agricultural operation under the control
of the farmer-applicant.
(a)
For purposes of this section, crops shall include field crops,
fruits, vegetables, herbs and cut flowers.
(b)
Notwithstanding the aforementioned restrictions, the farmer-applicant
may sell supporting farm products and farm products not grown or produced
by the farmer-applicant, provided that the total area of the temporary
farmstand devoted to the sale of said products does not exceed 240
square feet, and further provided that the area devoted to the sale
of said products shall not exceed 20% of the combined area of said
products and the area devoted to the sale of products grown by the
farmer. Supporting farm products include baked goods, eggs, cheese
and milk, preserves, syrup, salad dressing, honey, juice, bottled
water, foods processed locally from crops grown locally, apparel or
similar items that promote the specific farmstand, and crops sold
in addition to those grown by the farmer-applicant which are grown
by a person or entity that is also engaged in bona fide agricultural
production within the Town. Supporting farm products shall not include
prepackaged grocery items, the sale of which is expressly prohibited
at a temporary farmstand.
(3)
The portion of the farm on which the temporary farmstand use
is located shall be no less than three acres. Exceptions are as provided
for below:
(4)
All temporary farmstand buildings, structures and displays shall
be set back no less than 30 feet from the edge of pavement. In no
case shall any part of the temporary farmstand buildings, structures
and displays encroach on the public right-of-way.
(5)
An area shall be provided for the informal parking of at least
five vehicles off the public right-of-way.
(6)
Nothing herein shall preclude the temporary use of a legally
existing agricultural accessory building on a farm for the retail
sale of crops and other farm-related products, provided that said
building is set back no less than 30 feet from the edge of pavement.
A temporary farmstand shall only be permitted in a preexisting agricultural
accessory structure that has been issued a certificate of occupancy
or a certificate of compliance for an agricultural-related use, or
a certificate of occupancy for said use by virtue of preexisting status.
(7)
A vehicle not exceeding 6,000 pounds' net weight or a typical
farm wagon may be considered a permitted farmstand for the purpose
of this permit. Either part of a vehicle customarily known as an "over-the-road
tractor-trailer" shall not be permitted.
(8)
A temporary farmstand may have a total of two temporary ground
identification signs for the term of the temporary permit for said
farmstand, provided that:
(a)
Such signs shall not create a hazard to traffic.
(b)
Each of the temporary ground identification signs shall not
exceed 12 square feet in area and shall not be illuminated.
(c)
Such signs may be single- or double-faced.
(d)
Such signs shall not exceed six feet in height measured from
the ground level.
(e)
Such signs shall be located on the farm property not more than
150 feet from the intersection point of the front property line and
a line perpendicular thereto to said farmstand. In no case shall any
signs be located off-premises.
(f)
Such signs shall be removed when the farmstand closes for the
season.
(9)
Since a farmstand, as permitted under this section, is an accessory
use to the principal use of the agricultural production on certain
lands, such a farmstand shall only be for the use of the farmer-applicant
and his immediate family. In the event that such farmstand is used
by any other person, company, corporation or business or commercial
entity, whether it is rented, leased or the right of use transferred
in any other way from the farmer-applicant to any other person, company,
corporation or business or commercial entity, such a use shall not
be deemed an accessory use and shall be deemed a violation of this
chapter.
(10)
The farmer-applicant agrees, in writing, to abide by the provisions of this section and to remove all temporary buildings, structures and signs erected under the temporary farmstand permit within 30 days of the closing of the farmstand. If the farmer-applicant fails to abide by any provisions of this section or fails to remove said temporary farmstand and temporary ground identification signs after the expiration of the temporary permit, it shall be deemed a violation of this chapter, and the provisions of § 330-186 shall apply.
(11)
A farmer-operator may apply for the renewal of a temporary farmstand permit issued during the prior nine-month period. The application for renewal will be in a form established by the Chief Fire Marshal. The renewal will only be granted following a determination by the Chief Fire Marshal that the farmer-applicant has operated the temporary farmstand during the prior nine-month period in compliance with Subsection F, Special standards, and all other standards, codes, rules and regulations applicable to a temporary farmstand.
G.
The Chief Fire Marshal may deny any application for or revoke any
temporary farmstand permit if the farmer-operator fails to comply
with any requirement of this section. Written notice of such denial
or rescission, and the reasons for such determination, shall be mailed
by the Chief Fire Marshal, by certified mail, return receipt requested,
to the applicant at the address provided in the application.
H.
If the Chief Fire Marshal denies any application for or revokes any
temporary farmstand permit, the applicant may appeal to the Public
Safety Commission, upon payment of the applicable fee. All requests
for an appeal shall be made in writing and shall be filed with the
Town Clerk within 10 days from the date of receipt of the written
denial or rescission notification.
I.
The Public Safety Commission shall refer the appeal to the Town Agricultural
Advisory Committee for evaluation and recommendation. The Agricultural
Advisory Committee shall submit an advisory report to the Public Safety
Commission. In determining the appeal, the Public Safety Commission
shall consider all available information, including said advisory
report. After a duly noticed public hearing, the Public Safety Commission
may grant or deny said temporary farmstand permit by resolution with
findings, and shall notify the applicant of its determination by certified
mail, return receipt requested, to the address provided in the application.
The decision of the Public Safety Commission shall be final and shall
constitute the exhaustion of the applicant's administrative remedy.
The minimum required lot area shall not include any underwater or tidal lands below the mean high-tide level, except that in a Tidal Wetlands and Ocean Beach Overlay District, marshlands customarily flooded at high tide may be included as part of such required lot area, pursuant to the provisions of Article VIII; however, the area of lots in a proposed subdivision shall conform to the applicable provisions of § 292-10 of the subdivision regulations of the Town of Southampton.
The calculation of the percentage of lot coverage
shall include those lot areas covered by temporary structures and
open storage of more than an incidental transitory character.
The minimum road frontage of a lot at the street
line shall be at least 40 feet in all districts, except in those districts
where there are no minimum lot area requirements and also in the case
of approved flagpole lots where the minimum road frontage at the street
line shall be at least 20 feet, and those minimums shall apply along
the entire length of the flagpole.
[Amended 5-13-1986 by L.L. No. 7-1986; 12-9-1986 by L.L. No.
20-1986; 9-8-1987 by L.L. No. 5-1987; 7-10-1990 by L.L. No. 20-1990; 1-10-1995 by L.L. No. 3-1995; 5-13-2003 by L.L. No. 41-2003; 8-26-2003 by L.L. No. 65-2003; 10-26-2004 by L.L. No. 30-2004; 5-13-2008 by L.L. No. 29-2008]
A.
The following accessory structures may be located
in any required front or rear yard:
C.
Every part of a required yard shall be open to the sky, unobstructed except for retaining walls and for accessory buildings in a rear yard and except for the ordinary projection of sills, belt courses and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches. Exterior cellar entrances, commonly known as "bilco doors," shall be exempt from setbacks, pursuant to § 330-11 of the Southampton Town Code, but must be located a minimum of five feet from all property lines and rights-of-way. The side of the bilco door facing the street and the side of the bilco door facing all adjacent properties along the side yard shall be screened from view.
D.
Open or lattice-enclosed fireproof fire escapes or
stairways required by law, projecting into a yard not more than four
feet, and the ordinary projections of chimneys and pilasters shall
be permitted by the Building Inspector when placed so as not to obstruct
light and ventilation.
E.
Where a lot extends through from street to street,
the applicable front yard regulations shall apply on both street frontages.
F.
In any residence district where 25% of the block frontage
within 200 feet of a proposed building on either the same side of
the street or across the street is already improved with buildings,
the front yard of such proposed building shall be required to exceed
the minimum required dimension stipulated in this chapter for the
district in which it is situated in cases where the average front
yard setback of the two nearest buildings within such 200 feet exceeds
such minimum dimension; provided, however, that such increased front
yard shall not be required to exceed the minimum required front yard
prescribed for the district in which such proposed building is to
be located by more than 10 feet.
G.
The following minimum required transitional yards
and screening shall be provided within nonresidential districts in
order to assure orderly and compatible relationships along certain
boundary lines:
(1)
Adjoining residential districts.
(a)
The minimum required transitional side and rear
yards shall be 50 feet.
(b)
The minimum required side and rear transitional
yards for nonresidential uses located in the HO or HC Zones shall
be as follows:
[1]
For buildings up to 3,000 square feet in size,
the minimum side and rear transition yard shall be 20 feet.
(c)
The minimum required screening within such transitional side and rear yards shall be a six-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Planning Board, subject to the applicable provisions of §§ 330-181 through 330-184, may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
(d)
The minimum required transitional side and rear yards provided for in Subsection G(1) of this section may be modified by the Planning Board as part of site plan review pursuant to §§ 330-181 through 330-184 of this chapter where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished.
(2)
Adjoining limited access and secondary highways.
(a)
The minimum required transitional front yard
shall be 20 feet in the OD, HO, HC, MTL and RWB Zones.
(b)
The minimum required transitional front yard
shall be 50 feet in the HB and LI-40 Zones.
(c)
The minimum required transitional front yard
shall be 100 feet in the SCB and LI-200 Zones.
(d)
The minimum required screening within such transitional
yards cited above shall be landscape plantings, including evergreen
shrubs not less than one foot nor more than three feet high, and street
trees meeting Town specifications.
(3)
Adjoining all other streets (i.e., collector or minor
streets). The minimum required transitional front yard shall be 20
feet in all nonresidential zones, unless the Planning Board finds
for aesthetic and safety reasons that additional area is necessary.
H.
In the Highway Business (HB) and Light Industrial
(LI-40) Zones:
(1)
In order to encourage commercial development whereby
off-street parking is provided to the side(s) and rear of developing
business sites and to encourage the provision of additional landscape
materials and planting areas adjacent to the Town's major arteries,
the minimum required front yard in the HB and LI-40 Zones shall be
50 feet, provided that within said required front yard there shall
not be any off-street parking areas, truck loading spaces or paved
vehicular maneuvering lanes [except for the entrance(s) and exit(s)
to the site], and further provided that a detailed landscaping plan
(prepared by a licensed professional) shall be submitted to the Planning
Board along with or as part of the required site plan. Said landscaping
plan shall depict the plant materials, sodded areas, etc., which are
to be provided within such fifty-foot front yard. The Planning Board
shall have the authority to reject the use of a fifty-foot minimum
front yard in consideration of the setback of existing building(s)
on adjacent properties should such buildings be located further than
50 feet from the street line.
I.
In the Shopping Center Business Zone. In order to
encourage commercial development whereby off-street parking is provided
to the side(s) and rear of developing business sites and to encourage
the provision of additional landscape materials and planting areas
adjacent to the Town's major arteries, a principal building, constructed
or erected in the Shopping Center Business Zone after the effective
date of this section, shall not have a front yard in excess of 100
feet, unless the required transitional yard is increased, and that
such increase in the transitional yard shall be five feet for every
10 feet of increased front yard distance, and the increased front
yard is approved by the Planning Board, contingent upon the submission
of a detailed landscape plan (prepared by a licensed professional)
for said transitional yard (planting area), which is to accompany
the required overall site plan.
J.
Notwithstanding any provision of this chapter to the
contrary, in the case of corner lots:
(1)
There shall be only one rear lot line. The rear lot
line shall be the lot line opposite the shorter front lot line (exclusive
of the corner arc). If the front lot lines are the same length, the
Building Inspector shall determine the rear lot line.
(2)
The rear yard shall be the 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 the required front yard of the longer front
line.
(3)
In the case of a waterfront lot line, the line opposite
the waterfront shall be considered the rear lot line.
K.
In all residence districts, where the approving authority under Chapter 325, Wetlands, of the Town Code has authorized a wetlands permit for a principal building requiring relief from the minimum required yards under § 330-11 of this chapter, a required yard of such proposed principal building may be reduced up to 50%; provided, however, that any such reduced front or rear yard shall not be less than 30 feet, and any such reduced side yard shall not be less than 10 feet, and where the Administrator under Chapter 138, Coastal Erosion Hazard Areas, has authorized a coastal erosion management permit requiring similar relief, a required front yard setback measured from an existing street or property northerly line paralleling the ocean may be reduced to not less than 30 feet. The relief herein shall only be the minimum necessary to achieve the maximum practicable buffer zones required under Chapter 325 or Chapter 138 of the Town Code.
A.
Nothing herein contained shall restrict the height
of the following architectural and structural features:
(1)
On any building, except one- and two-family dwellings, a spire, cupola, dome, belfry or clock tower, provided that such spire, cupola, dome, belfry or clock tower does not constitute habitable space or a building story as defined by all applicable provisions of the Town Code or the New York State Uniform Fire Prevention and Building Code; and provided that such spire, cupola, dome, belfry or clock tower is approved as an integral element of the architectural style of the building by the Planning Board or Board of Architectural Review in accordance with the criteria set forth in § 330-171.
[Amended 4-11-1995 by L.L. No. 18-1995]
(2)
A flagpole, chimney flue, elevator or stair bulkhead,
water tank, stage tower or scenery loft as accessory facilities to
permitted or special exception uses in a given district.
(3)
Barns, silos or similar farm structures in districts
where agriculture is a permitted use.
(4)
A wireless communications tower or antenna or similar
structure only if approved as a special exception use by the Planning
Board.
[Amended 12-22-1992 by L.L. No. 54-1992; 11-24-1998 by L.L. No. 42-1998]
B.
No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:
C.
No private radio or television antenna, mast or tower
shall exceed the maximum permitted height prescribed for the district
in which such proposed structure is to be located.
D.
Pyramid Law.
[Added 12-22-1992 by L.L. No. 55-1992; amended 11-14-1997 by L.L. No. 38-1997; 6-10-1997 by L.L. No.
47-2003; 8-26-2003 by L.L. No. 65-2003; 5-13-2008 by L.L. No.
30-2008; 5-27-2014 by L.L. No. 17-2014]
(1)
Except on lots in the Village Business (VB) District, Office District (OD), Hamlet Office/Residential (HO) District, Hamlet Commercial/Residential (HC) District, or Light Industrial (LI-40 and LI-200) Districts, all buildings and structures on any lot in any district must remain within the sky plane of the lot. The sky plane shall begin at all property lines from the average elevation of the existing natural grade (prior to any site disturbance) adjacent to that building or structure and extend inward at an angle of 45°. Notwithstanding any language in this subsection, the maximum height limitation for a building or structure in the dimensional tables of this chapter (§§ 330-11, 330-34 and 330-38)[1] shall not be exceeded at any point unless the structure is one exempted under Subsection A hereof or pursuant to Subsection D(2)(a) below. An illustration depicting a typical elevation view showing the control of height of buildings and structures under this subsection is included at the end of this chapter.
[1]
Editor's Note: The Tables of Dimensional Regulations
are included at the end of this chapter.
(2)
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 height of any building or structure must remain in the sky plane
of the lot. The sky plane shall begin at all property lines at base
flood elevation plus any free board required by the Residential Code
of the State of New York and extend inward at an angle of 45°.
(a)
Exception: Existing buildings and structures located in any AE or
VE Zone may be elevated and exceed the sky plane and the maximum height
set forth above in order to conform with current state and federal
regulations
E.
The maximum
height in any AE or VE Zone as shown on the applicable Flood Insurance
Rate Map prepared by the Federal Emergency Management Agency for the
Town of Southampton shall not exceed elevation +40 feet NAVD (88)
plus required Residential Code of New York State freeboard or the
maximum height in feet as shown on the table provided for in 330 Attachment
3, whichever is less.[2]
[Added 5-27-2014 by L.L. No. 17-2014]
(1)
Exception.
New single family dwellings proposed in any AE or VE Zone designed
with a gabled roof(s) may exceed the aforementioned maximum height
by an additional three feet where only such gabled roof, and those
parts of the building covered or directly overlain by it, shall be
at levels higher than the applicable maximum height listed in the
table, and no other point on the building shall exceed such ordinary
maximum height. Further, the highest plate or bearing point for rafters
at the eaves shall not exceed such listed maximum height.
[Added 12-21-2023 by L.L. No. 46-2023]
[2]
Editor's Note: 330 Attachment 3, the Residence Districts Table of Dimensional Regulations, is included as an attachment to this chapter.
[Amended 8-22-1989 by L.L. No. 15-1989]
In order to minimize traffic congestion, air pollution and the risk of motor vehicle and pedestrian accidents, as well as to promote other elements of sound community planning, off-street parking and truck loading spaces shall be provided and kept available as an accessory use to all permitted and special exception uses of buildings, structures and lots in amounts not less than those specified in this section. Subject to the provisions of § 330-100, the requirements of this section apply under the following circumstances:
A.
All new buildings and structures erected for use on
a property shall be subject to these requirements.
B.
Any building and/or structure which is hereafter altered
or enlarged shall be subject to these requirements.
C.
All new uses of a property shall be subject to these
requirements.
D.
Any use of a property which is hereafter changed shall
be subject to these requirements.
[Amended 8-22-1989 by L.L. No. 15-1989]
B.
The requirement for a combination use made up of several
component uses (e.g., a bowling alley combined with an auditorium;
a restaurant and bar; or a retail store combined with an office building
or a storage area) shall be determined by establishing the requirement
for each component use from the schedule of such requirements, which
is a part of this chapter, and adding them together.
C.
When the required number of spaces is determined to
result in a fraction, it shall be increased to the next highest whole
number.
D.
If the use is not specifically listed in the schedule
of such requirements, the requirements shall be the same as for the
most similar use listed, as determined by the Planning Board.
E.
When the schedule requires the number of spaces to
be calculated per employee and employees are on the site in shifts,
the number to be used is the number of employees present during the
largest shift. In all other cases it shall mean the total number of
employees on the site or who will use the site for parking at any
one time.
F.
A garage or a carport may be used to meet the requirements
of this section. A driveway may only be used to meet the requirements
of this section where it serves a one-family or two-family dwelling.
No garage or other parking area shall be located under a motel, multiple
dwelling (other than a two-family dwelling) or other commercial use
without the explicit written permission of the Town Department of
Fire Prevention and all other local agencies having jurisdiction to
review and approve such a plan.
[Amended 8-9-1988 by L.L. No. 17-1988; 8-22-1989 by L.L. No. 15-1989]
The Schedule of Off-Street Parking Space Requirements
for Residential Uses is as follows:
|
Uses
|
Number of Spaces Required
|
|---|---|
|
1-family and 2-family dwelling
|
2 per dwelling unit, plus 1 additional for each
bedroom in excess of 3 bedrooms
|
|
Multiple dwelling
|
1.5 per efficiency unit
|
|
1.75 per 1-bedroom unit
| |
|
2 per 2-bedroom unit
| |
|
2.5 per unit with 3 bedrooms or more
| |
|
Residential membership club or fraternity
|
1 per residence unit, plus 1 per each 2 employees
on the premises at 1 time
|
|
Senior citizen housing
|
1.5 per unit
|
[Amended 10-3-1972; 5-13-1986 by L.L. No. 7-1986; 8-22-1989 by L.L. No. 15-1989]
The Schedule of Off-Street Parking Space Requirements
for Nonresidential Uses is as follows:
|
Use
|
Number of Spaces Required
|
|---|---|
|
Assisted-living facility
[Added 1-23-2018 by L.L.
No. 4-2018] |
0.7 per assisted-living-unit bed (a maximum
of 0.5 space per bed shall be located on standard pavement and the
0.2 space per bed balance shall be located on pervious grass pavers
or similar treatment), plus 1 per peak shift employee
|
|
Automobile laundry, drive through, automatic
(see "repair garage" for self-service facilities)
|
A minimum of 5, plus 1 per employee, plus a
15-space queuing line area for each laundry bay
|
|
Automobile sales lot and vehicle sales and rental
(see "repair garage" for additional requirements)
|
1 per 500 square feet of building and lot area
devoted to the use, plus 1 per employee. At least 25% of the number
of spaces shall be available for customer parking.
|
|
Bank
[Amended 2-25-2003 by L.L. No. 13-2003] |
1 per 200 square feet of building, plus 3 for
each automated teller machine, but no fewer than 15 spaces
|
|
Bank drive-through, or drive-in
[Added 2-25-2003 by L.L. No. 13-2003] |
1 per 200 square feet of building, drive-through,
plus 3 for each drive-in automated teller machine, but no fewer than
15 spaces
|
|
Bowling alley
|
4 per alley
|
|
Building construction, general and special trade
contractor
|
1 per 500 square feet of building area, plus
1 per employee. In addition, there shall be a separate parking area
for all trucks larger than a pick-up (tractors, trailers or similar
vehicles).
|
|
Church, gymnasium or other place of public assembly
not otherwise classified
|
1 per 3 persons of rated occupancy as determined
by the Town Department of Fire Prevention
|
|
Delicatessen, neighborhood convenience grocery
store
|
1 per 100 square feet of gross floor area, but
in no case fewer than 12 spaces
|
|
Drive-through or drive-in establishment not
otherwise classified
[Amended 10-6-2000 by L.L. No. 15-2000] |
Same as the use to which the drive-through or
drive-in is accessory, except that queuing or stacking spaces shall
not be counted as parking spaces
|
|
Dry cleaning and laundry service (drop-off/pick-up
only)
|
1 per 50 square feet of service or counter area,
plus 1 per employee
|
|
Filling station (see "repair garage" for additional
requirements)
|
A minimum of 5, plus a 4-space queuing line
area for each pump
|
|
Funeral home
|
1 per 3 persons of rated occupancy, as determined
by the Town Department of Fire Prevention
|
|
Golf course
|
3 per hole, plus 1 per employee
|
|
Greenhouse, commercial farmstand and garden
center
|
1 per 180 square feet of the area of the structure
devoted to sales, plus 1 per 1,000 square feet of area devoted to
display, plus 1 per employee
|
|
Home occupation and home professional office
|
In addition to the requirement for the dwelling,
2 for the first 400 square feet of area given over to this component
of the land use, plus 1 per each additional 150 square feet or fraction
thereof, plus 1 per each employee outside of the family
|
|
Hospice residence home
[Added 5-26-2009 by L.L. No. 22-2009] |
1 per 2 beds plus 1 per employee
|
|
Hotel and motel
|
1 per guest bedroom, plus 1 per each 2 employees
on the premises at 1 time
|
|
Laundromat (see also "laundry service" for additional
requirements)
|
1 per each washing machine on premises
|
|
Manufacturing and industrial research establishment
|
1 per 300 square feet of gross floor area
|
|
Marina with no on-land boat storage or boatyard
activities
|
0.5 per boat slip, mooring, dock space or similar
unit of capacity, plus 1 per each employee
|
|
Marina with on-land boat storage or boatyard
|
1.5 per boat slip, mooring, dock space, boat stored on-site or similar unit of capacity, plus 1 per each employee (see § 330-76G also)
|
|
Medical office, medical arts or ambulatory care
|
1 per 150 square feet of gross floor area
|
|
Miniature golf
[Added 7-14-1998 by L.L. No. 18-1998] |
2 per hole plus 1 per employee
|
|
Neighborhood convenience grocery store
[Added 10-6-2000 by L.L. No. 15-2000] |
1 per 100 square feet of gross floor area, but
in no case fewer than 12 spaces
|
|
Nightclub, discotheque, tavern and bar
|
2 per every 3 persons of rated occupancy as
determined by the Town Department of Fire Prevention.
|
|
Nursing home and hospital
|
1 per each 2 beds, plus 10%
|
|
Office and office building not otherwise classified
|
1 per 180 square feet of gross net floor area
|
|
Outdoor sales lot and outdoor storage area not
otherwise classified
|
1 per 1,000 square feet of lot area devoted
to the use, plus 1 per employee
|
|
Planned commercial center mixed uses, greater
than 40,000 square feet in gross floor area
|
1 per 180 square feet of gross floor area for
new centers and 1 per 200 square feet for preexisting centers (in
each case there is the same overall requirement for separate components)
|
|
Public or semipublic art gallery, studio, library
or museum
|
1 per 3 persons of rated occupancy as determined
by the Town Department of Fire Prevention, plus 1 per employee
|
|
Repair garage, auto finishing/hand-washing self-service
car wash
|
4 per bay, plus 1 per employee, plus sufficient
parking for all cars to be stored or serviced overnight
|
|
Restaurant, drive-through; restaurant, fast-food
[Amended 10-23-1990 by L.L. No. 27-1990; 10-6-2000 by L.L. No. 15-2000] |
1 per 2 seats or 1 per 75 square feet of gross
floor area, whichever is greater. Not less than 30 spaces in aggregate.
|
|
Restaurant, standard
[Amended 10-23-1990 by L.L. No. 27-1990; 10-6-2000 by L.L. No. 15-2000] |
1 per 3 persons of rated occupancy as determined
by the Town Department of Fire Prevention, plus 1 per employee at
the peak shift
|
|
Restaurant, take-out
[Added 10-6-2000 by L.L. No. 15-2000] |
1 per 150 square feet of gross floor area, but
in no case fewer than 8 spaces
|
|
Retail, shop for custom work, personal service
and other service use
|
1 per 180 square feet of gross floor area
|
|
School
|
1 per employee, plus 1 per each 8 students in
the 12th grade or per each 2 students in higher grades, or the parking
requirement for the auditorium or gymnasium component of the use,
whichever is the greater
|
|
Self-service storage facility
[Added 3-9-1993 by L.L. No. 6-1993] |
1 per 2,000 square feet of gross floor area,
plus 1 per employee
|
|
Theater, stadium, auditorium and convention
hall
| |
|
Veterinarian and veterinary hospital
|
1 per 180 square feet of gross floor area
|
|
Warehouse, indoor storage[1]
|
1 per 1,000 square feet of gross floor area,
plus 1 per employee
|
|
Wholesale business and other industrial nonmanufacturing
|
1 per 180 square feet of gross floor area of
the use showroom, service or office area, plus 1 per 1,000 square
feet of gross floor area for storage areas, plus 1 per employee
|
[1]
Editor's Note: The former entry for warehouse
and miniwarehouse facility, which immediately followed this entry,
was repealed 2-23-1993 by L.L. No. 6-1993.
[Amended 8-22-1989 by L.L. No. 15-1989]
Every building or structure or lot used for
nonresidential purposes shall be provided with off-street truck loading
spaces in accordance with the following schedule:
|
Floor Area
(square feet)
|
Number of Spaces Required
|
|---|---|
|
Under 5,000
|
None, unless the Planning Board deems 1 necessary
|
|
5,000 to 14,999
|
1
|
|
15,000 to 40,000
|
2
|
|
Over 40,000
|
1 for each additional 40,000 square feet above
the requirement for the first 40,000 square feet
|
[Amended 5-13-1986 by L.L. No. 7-1986; 8-22-1989 by L.L. No. 15-1989; 7-10-1990 by L.L. No. 19-1990]
A.
Not more than two parking spaces per dwelling unit
may be rented to persons living off the premises in the case of a
one-family or two-family dwelling use and not more than one parking
space per each two dwelling units may be rented to persons living
off the premises in the case of any other residential use.
B.
Not more than one commercial vehicle shall be housed
or parked in a private garage or off-street parking area. Such commercial
vehicle shall not exceed a gross motor vehicle weight of 10,000 pounds
or 25 feet in length.
C.
A dwelling unit shall not have more than one vehicle for each conventional bedroom, plus one additional vehicle parked on the property at night, nor shall vehicles be parked on the street in violation of applicable parking regulations. The exemption provided for in § 330-100A of this chapter shall not apply to this provision.
[Amended 5-13-1986 by L.L. No. 7-1986; 8-22-1989 by L.L. No. 15-1989]
A.
Public parking areas, filling stations, repair garages
and any other high-volume traffic generators may have separate or
combined entrances.
B.
Every separate entrance or exit driveway shall have
a minimum unobstructed width of 10 feet on collector roads and 15
feet on secondary highways. Every combined entrance and exit driveway
shall have a minimum unobstructed width of 20 feet on collector roads
and 30 feet on secondary highways. The classification of such roads
and highways shall be as set forth in the Master Plan or its subsequent
amendments. Notwithstanding the provisions of this subsection, all
entrance or exit driveways onto a state or county road shall be in
accordance with the requirement of the highway department having jurisdiction
over said roads.
C.
The intersection of a separate or combined exit and entrance driveway of a parking area with the public street shall have the same corner clearance as prescribed for intersecting streets, in § 330-103.
D.
The gradient of driveways shall be such as to facilitate
the entrance and exit traffic flow.
[Amended 8-22-1989 by L.L. No. 15-1989]
A.
All accessory off-street parking and truck loading areas shall be located in accordance with the provisions of §§ 330-76 and 330-78 of this chapter. For all properties and uses subject to site plan review pursuant to § 330-181 of this chapter, new accessory off-street parking and truck loading areas shall be located and established only as the same are indicated on a site plan duly approved by the Planning Board. Any changes, alterations, improvements or additions to the parking area(s) shall require further review by the Planning Board.
B.
The physical improvements of off-street parking and
truck loading areas shall include:
(1)
Curbs, paving, sidewalks and drainage facilities complying
with the standards established in Town ordinances, regulations or
specifications.
(2)
Adequate lighting in public parking areas to assure
the general safety and convenience of the public. Such lighting shall
not project onto surrounding properties. As a minimum standard, the
light sources shall be shielded and project downward.
C.
All aisles within parking areas shall have a minimum
width of 24 feet when the parking spaces are at a ninety-degree angle
with the aisle; 18 feet when the parking spaces are at 60º in
a one-way direction; and 12 feet when the parking spaces are at 45º
in a one-way direction. Aisles adjoining a building shall be wide
enough to accommodate fire lanes/zones as may be required by the Town
Department of Fire Prevention and/or the local fire district.
D.
Aisles and turning areas shall provide good internal
circulation with adequate radii to assure ease of mobility, ample
clearance and convenient access and egress. Queuing line areas required
for drive-in facilities shall be designed such that at least 2/3 of
the parking spaces required in the queuing line are separate from
access lanes, maneuvering lanes and parking areas.
E.
Center-line gradients of aisles shall not exceed 8%.
F.
Accessory off-street parking areas shall be marked
off into spaces with a minimum width of nine feet and a minimum length
of 20 feet or a minimum width of 10 feet and a minimum length of 18
feet. The dimensions of the parking spaces shall be determined by
the Planning Board based on the design and the type of improvements
to be done to the parking area. As a policy, nine-by-twenty spaces
should only be considered where the parking areas are to be substantially
improved (i.e., asphalt or concrete paving) and there is a large number
of spaces. The ten-by-eighteen spaces should be used in all other
instances, especially where the parking areas are minimally improved
(i.e., oil and bluestone or gravel). In the case of parking spaces
for trucks or special equipment, the minimum size of the spaces shall
be determined by the Planning Board based on the nature of the parked
vehicles.
G.
All accessory off-street parking areas shall provide
for handicapped access and parking in accordance with the standards
of the Suffolk County Department of Handicapped Services. A minimum
of 5% of the total number of parking spaces required for the site
shall be allocated to handicapped parking; however, in no case shall
the number of handicapped spaces exceed 10, unless the use warrants
additional spaces as may be determined by the Planning Board. The
handicapped parking areas shall be marked off into spaces with the
same minimum width as required for regular parking spaces, plus an
adjacent five-foot wide unloading area, providing for a fourteen-or-fifteen-foot-wide
parking space. Each space shall be striped with blue paint and shall
contain the international handicapped symbol and an approved sign
at the head of each space.
H.
An accessory off-street truck loading space shall
have a minimum width of 12 feet, a minimum length of 25 feet and a
minimum clear height of 14 feet. The related aisles or driveways shall
have the same minimum width and clear height. Where large trucks (i.e.,
tractor trailers) are anticipated delivering to the site, the Planning
Board may require larger spaces and on-site turning areas to accommodate
said trucks.
I.
Traffic pavement markings may be provided on various
internal roadways and parking areas, which may include parking stalls,
stop bars, crosswalks, lane lines, fire zones, handicapped parking
stalls, directional arrows and other miscellaneous markings. Signs
may also be provided along said roadways to identify these areas.
Pavement markings and signs shall conform to the New York State Manual
of Uniform Traffic Control Devices or as directed by the Town Engineer.
(1)
Where striping can be accomplished, all parking spaces
shall be striped in accordance with the approved plan. All striping
shall be four-inch white lines, except handicapped spaces, which shall
be four-inch blue lines. Specifications of the paint and method of
application shall be determined by the Town Engineer.
(2)
Traffic islands separating opposing flows of traffic
shall be bordered by two four-inch-wide yellow lines and shall be
crosshatched with twelve-inch-wide yellow bars.
(3)
Fire zones shall be installed in accordance with the
recommendations of the Southampton Town Department of Fire Prevention
and/or the local fire district Fire zones shall be marked out with
twenty-four-inch-wide red or yellow bars, painted on a 45º angle
with the curb, spaced four feet apart, for a depth of 10 feet off
the face of the curb or the building. The words FIRE ZONE shall be
painted on the pavement, and signs with the words NO STANDING, FIRE
ZONE shall be posted adjacent to the curb or on the building at a
height no greater than seven feet above the ground.
J.
To improve the aesthetics of a site, promote public safety, moderate climatic effects and minimize nuisances such as noise and glare, accessory off-street parking areas shall include appropriate landscaping around the perimeter and within the interior of the parking area. The Planning Board shall determine the amount, location and type of landscaping; however, as a minimum, accessory off-street parking areas with over 50 spaces shall have at least 25 square feet of interior landscaping for each parking space. In addition, interior parking islands should allow ample room for the growth of plants without disturbance from vehicular and pedestrian traffic. Landscaped areas shall not obstruct the driver's view of the right-of-way and shall provide proper corner clearance at intersections in accordance with § 330-103 of this chapter.
[Amended 8-22-1989 by L.L. No. 15-1989]
A.
Existing buildings and uses are exempt as follows:
(1)
The provisions of §§ 330-92 through 330-101 shall not apply to any buildings or structure or lot lawfully in use at the effective date of this chapter, whether continued as a legal nonconforming use or thereafter converted or changed without enlargement to a different lawful use having the same parking and truck loading requirements, except as provided in § 330-167B(1).
(2)
However, no building or structure or lot lawfully
in use at the effective date of this chapter shall be enlarged unless
the off-street parking and truck loading space requirements of this
section are complied with to the same extent as would be required
if the entire preexisting building or structure or lot and the proposed
enlargement were being submitted as if they were a new application
for a building permit for the entire project; except that credit shall
be given for the off-street parking and truck loading spaces that
would have been required for the existing buildings, structures and
uses if the spaces did not have preexisting status. It is intended
by this provision that additional off-street parking and truck loading
spaces shall be provided with respect to the proposed enlargement,
but no additional spaces shall be required with respect to the preexisting
portions. However, conforming spaces actually provided at the time
of the application, even if voluntary or informal and unpaved, shall
be charged to the preexisting portions and shall be formalized and
paved incident to construction of the addition.
B.
Where the Planning Board shall determine that a proposed land use, building or structure is adequately served by existing or proposed public parking facilities as a matter of public policy, the off-street parking space requirements stipulated in §§ 330-92 through 330-101 may be waived, in whole or in part, by the Planning Board. See also § 330-101 for required fee.
C.
Where the Planning Board shall determine that dedication of land or an easement is desirable to facilitate improvement of existing or proposed public parking facilities and said dedication of land or easement is voluntarily and unconditionally offered to the Town for said purposes as a matter of public policy, the off-street parking requirements stipulated in §§ 330-92 through 330-101 may be waived, in whole or in part, by the Planning Board. The number of spaces that may be waived shall be calculated on the basis of one space per each two hundred (20) square feet of land area covered in the dedication or easement. No off-street parking fee, as required in § 330-101, shall be imposed for those spaces waived pursuant to these provisions.
E.
In the event that an applicant can demonstrate to the Planning Board that its present parking needs do not necessitate the construction of the number of parking spaces required herein, the Planning Board may approve a site plan requiring the present construction of a lesser number of spaces. In such an event, the site plan shall show sufficient spaces reserved for future parking requirements with the combined number of spaces being not less than that required by §§ 330-92 through 330-101. In all cases, at least 2/3 of the number of required parking spaces shall be provided. The Planning Board may order the property owner to install the future parking spaces if, at the Planning Board's discretion, the need for additional spaces arises. For example, a mere change in the use(s) or the ownership of the parcel may be enough to require the installation of the parking spaces. In the event that the owner fails to install the additional parking spaces within 120 days of being so ordered, the Building Inspector shall revoke the certificate of occupancy for the premises, and the Town Attorney may take appropriate action in a court of competent jurisdiction to restrain the use of said premises. When this subsection is utilized, the site plan shall contain a statement, signed by the applicant in such a form as shall be approved by the Town Attorney, consenting to the provisions contained herein. In addition, the property owner shall be required to submit a covenant, for filing in the Suffolk County Clerk's office, in such a form as shall be approved by the Town Attorney, indicating consent to the provisions of this subsection. The provisions of this subsection shall not apply in the VB and OD Districts.
F.
As a matter of public policy, the Town of Southampton
finds that the coordination of off-street parking areas between adjoining
sites is desirable to allow for traffic circulation between sites
rather than having all traffic entering and exiting the existing highway
system to proceed from site to site. This coordination can take various
forms, from a simple paved connection to a more elaborate plan to
provide both a connection and shared parking arrangements. This is
not to be considered a parking waiver, but an agreement between the
landowners and the Town of Southampton to effect an overall circulating
and parking plan and provide the required number of parking spaces
in accordance with the applicable Code provisions for the respective
use(s). For these reasons, in its review of a commercial site plan,
the Planning Board may, at its discretion, allow for parking spaces
to be provided both on and off site, provided that:
[Added 1-10-1995 by L.L. No. 2-1995]
(1)
This is done in accordance with an acceptable overall
design for the coordination of parking areas between two or more commercial
sites, such design to be approved by the Town Engineer and the Planning
Board.
(2)
The required number of parking spaces are to be provided.
(3)
A document is filed with the Suffolk County Clerk's
office, acceptable to the Town Attorney in form and content, to which
the Town of Southampton is party, which provides for the use of a
portion of a commercial site to be improved and used for parking for
an adjoining site as part of the coordinated parking and access design
mentioned above.
(4)
The site on which the off-site parking is being provided
will have the required number of parking spaces for the use or uses
which exist.
(5)
The site on which the off-site parking is being provided
was not the subject of a Board of Zoning Appeals case for the granting
of a waiver or variance from the required number of off-street parking
spaces for its use and development.
G.
Shared parking on a single parcel. Where the Planning
Board determines that a proposed development consisting of two or
more uses located on a single and separate parcel will generate different
hourly, daily and seasonal accumulations of parking demand due to
the varied hours of operation of each use and frequencies of customer
and employee occupancy of available parking spaces, the Planning Board
may approve a site plan requiring the present construction of a lesser
number of spaces, provided that:
[Added 2-13-1996 by L.L. No. 2-1996]
(1)
The applicant shall provide the Planning Board with
a shared parking plan which shall be based upon the following:
(a)
A complete and accurate description of the proposed
uses, floor areas devoted to such uses and the number of seats or
rooms assigned to each use.
(b)
A complete and accurate description of the number
of employees and their respective shifts.
(c)
A complete and accurate description of the projected
total peak hour or daily period of occupancy by patrons for each proposed
use during weekdays, Saturday, Sunday and any seasonal variations
in peak hour or period of occupancy.
(d)
A complete and accurate description of the days
and hours of operation of each use for weekdays, Saturday, Sunday
and for any seasonal variations in operation.
(e)
A complete and accurate description of the projected
hourly accumulation of off-street parking over a twenty-four-hour
period for each use. The description shall be provided for the weekday,
Saturday and Sunday accumulations of off-street parking and any seasonal
variations in off-street parking accumulation.
(f)
A complete and accurate description of the total
hourly accumulation of off-street parking demand created over a twenty-four-hour
period by the combined operations of the proposed uses for weekday,
Saturday and Sunday accumulations of off-street parking and any seasonal
variations in total off-street parking accumulation.
(2)
In all cases, at least 2/3 of the number of required
parking spaces shall be provided. The Planning Board may order the
property owner to install the future parking spaces if, at the Planning
Board's discretion, the need for additional spaces arises. For example,
a mere change in the use(s), hours of operation or the ownership of
the parcel may be enough to require the installation of the parking
spaces. In the event that the owner fails to install the additional
parking spaces within 120 days of being so ordered, the Building Inspector
shall revoke the certificate of occupancy for the premises, and the
Town Attorney may take appropriate action in a court of competent
jurisdiction to restrain the use of said premises. When this subsection
is utilized, the site plan shall contain a statement, signed by the
applicant in such a form as shall be approved by the Town Attorney,
consenting to the provisions contained herein. In addition, the property
owner shall be required to submit a covenant, for filing in the Suffolk
County Clerk's office, in such a form as shall be approved by the
Town Attorney, indicating consent to the provisions of this subsection.
H.
Off-street parking on a separate parcel. Where the
Planning Board determines that the off-street parking requirements
of a proposed development can be met by the construction of new off-street
parking spaces or the use of an existing off-street parking area located
on a single and separate parcel within 500 feet of the proposed development,
the Planning Board may approve a site plan requiring the present construction
of a lesser number of spaces, provided that:
[Added 2-13-1996 by L.L. No. 2-1996]
(1)
The applicant shall provide the Planning Board with
a parking plan for the separate parcel demonstrating the following:
(a)
The proposed or existing off-site parking area
shall comply in all respects with the provisions of this chapter.
(b)
The proposed or existing off-site parking area
must be located and designed in such a manner as to provide safe and
convenient access to the proposed development.
(c)
The existing use(s) on the separate parcel must
be adequately served, and the additional use of the parking area shall
not unduly impact the existing use of the premises.
(2)
A document is filed with the Suffolk County Clerk's
office, acceptable to the Town Attorney in form and content, to which
the Town of Southampton is a party, which provides legal access to
the off-site parking area for the patrons of the proposed development
and assures that all applicable provisions of this section are adhered
to.
(3)
In all cases, at least 2/3 of the number of required
parking spaces shall be provided on the proposed development site.
The Planning Board may order the property owner to install the future
parking spaces if, at the Planning Board's discretion, the need for
additional spaces arises. For example, a mere change in the use(s),
hours of operation or the ownership of the parcel may be enough to
require the installation of the parking spaces. In the event that
the owner fails to install the additional parking spaces within 120
days of being so ordered, the Building Inspector shall revoke the
certificate of occupancy for the premises, and the Town Attorney may
take appropriate action in a court of competent jurisdiction to restrain
the use of said premises. When this subsection is utilized, the site
plan shall contain a statement, signed by the applicant in such a
form as shall be approved by the Town Attorney, consenting to the
provisions contained herein. In addition, the property owner shall
be required to submit a covenant, for filing in the Suffolk County
Clerk's office, in such a form as shall be approved by the Town Attorney,
indicating consent to the provisions of this subsection.
(4)
The Planning Board may use the provisions of this
subsection in combination with other applicable forms of relief found
in this section.
[Amended 5-13-1986 by L.L. No. 7-1986; 10-4-1986 by L.L. No. 18-1986; 8-22-1989 by L.L. No. 15-1989]
A.
There is hereby created a Town of Southampton Parking
and Truck Loading Space Trust Fund to be used exclusively for public
off-street parking and truck loading space purposes, including the
acquisition and improvement of land for such purposes.
B.
Every decision of the Planning Board or Board of Appeals under § 330-100B or D of this chapter waiving the requirements for off-street parking and/or truck loading spaces, in whole or in part, shall clearly set forth the nature and extent of such waiver by specifying the number of spaces required to be provided pursuant to said requirements, the number of spaces required to be provided by the respective Board and the number of spaces thus waived by the respective Board. The number of spaces so waived by the respective Board shall constitute the number of spaces for which a variance is granted.
C.
Every decision which waives the requirements for off-street
parking and/or truck loading spaces, in whole or in part, shall be
made subject to a condition requiring a payment to the Town of Southampton
of a sum for each and every space for which a waiver is granted, which
sum shall constitute a trust fund to be used exclusively for public
off-street parking and truck loading space purposes, including the
acquisition and improvement of land for such purposes. Such condition
shall be deemed a condition of every such waiver, and such payment
may be referred to as the "off-street parking space fee." Said fee
shall be paid prior to the issuance of the certificate of occupancy
and/or certificate of compliance for the use for which the waiver
was granted.
D.
The amount of the per-space sum required to be paid
to the Town for each and every space for which a waiver is granted
shall be $2,000 per space.
E.
The Planning Board may delineate boundaries for each
hamlet area in the Town. Where the Planning Board makes such a delineation,
the Town Comptroller shall set up a separate fund for each hamlet
area, and payments shall be deposited into the hamlet area fund from
which the payments originated. Moneys from each hamlet area fund may
only be expended for public parking in the hamlet for which the fund
was created.
F.
The provisions of this section shall only apply in
the VB and OD Districts.
G.
The provisions of this section relating to a parking
fee shall not be waived by the Planning Board or Zoning Board of Appeals.
[1]
Editor's Note:Former § 330-102,
Courts and spacing of buildings, was repealed 2-13-2007 by L.L. No.
3-2007.
On a corner lot in any district, except those
in districts where there is no minimum lot area requirement, within
the triangular area determined as provided in this section, no wall
or fence or other structure shall be erected to a height in excess
of two feet; no vehicle, object or any other obstruction of a height
in excess of two feet shall be parked or placed; and no hedge, shrub
or other growth shall be maintained at a height in excess of two feet,
except that trees whose branches are trimmed away to a height of at
least 10 feet above the curb level, or pavement level where there
is no curb, shall be permitted. Such triangular area shall be determined
by two points, one on each intersecting street line, each of which
points is 50 feet from the intersection of such street lines.
[Amended 9-8-1998 by L.L. No. 30-1998]
The requirements contained in this article are
designed to promote and protect the public health, to prevent overcrowded
living conditions, to guard against the development of substandard
neighborhoods, to conserve community character and established property
values and contribute to the general welfare.
[Amended 10-23-1990 by L.L. No. 26-1990; 7-28-1992 by L.L. No. 34-1992; 9-8-1998 by L.L. No. 30-1998; 8-13-2002 by L.L. No.
35-2002; 2-11-2003 by L.L. No. 9-2003; 2-11-2003 by L.L. No. 10-2003; 8-26-2003 by L.L. No. 65-2003; 11-25-2003]
Every dwelling or other building devoted in whole or in part to a residential use which is hereafter erected or converted to accommodate additional families shall provide a minimum floor area per family on floors with clear ceiling height of not less than seven feet six inches, in conformity with the following schedule and with the other provisions of §§ 330-104 through 330-108. In addition, any building devoted to a business or industrial use which is hereinafter erected or converted to accommodate such uses shall provide a minimum floor area in conformity with the following schedule. The minimum stipulated herein shall be deemed to be exclusive of unenclosed porches, breezeways, garage areas and basement and cellar rooms or areas.
A.
One-family dwellings:
[Amended 4-10-2007 by L.L. No. 13-2007]
|
Minimum Floor Area
(square feet)
| ||
|---|---|---|
|
Required Lot Area per Dwelling Unit Pursuant
to Zoning District
|
1-Story Building or First Floor
|
1 1/2- or 2-Story Building Combined 2-Floor
Total
|
|
MFPRD, R-10, R-15, R-20, R-40, HO and HC Districts
|
800
|
1,200
|
|
R-60, R-80, R-120 and all CR Districts
|
1,000
|
1,400
|
|
Adjacent area of a coastal zone
|
400
|
600
|
B.
Two-family detached dwellings:
|
Minimum Floor Area
(square feet)
| ||
|---|---|---|
|
Required Lot Area per Dwelling Unit Pursuant
to Zoning District
|
1-Story Building or First Floor
|
1 1/2- or 2-Story Building Combined 2-Floor
Total
|
|
MFPRD, MF-44, R-10, R-15, R-20, R-40, HO and
HC Districts
|
1,400
|
1,800
|
|
R-60, R-80, R-120 and all CR Districts
|
1,600
|
2,000
|
C.
Three- and four-family dwellings:
|
Minimum Floor Area
(square feet)
| ||
|---|---|---|
|
Required Lot Area per Dwelling Unit Pursuant
to Zoning District
|
1-Story Building or First Floor
|
1 1/2- or 2-Story Building Combined 2-Floor
Total
|
|
HO and HC Districts
|
2,400
|
2,800
|
D.
Apartment dwelling units, where permitted:
|
Minimum Number of Rooms
|
Apartment Unit Area
(square feet)
|
|---|---|
|
1 room, studio or efficiency
|
600
|
|
Each additional room
|
100
|
|
Senior citizen housing:
| |
|
1 room, studio or efficiency
| |
|
Minimum
|
400
|
|
Maximum
|
500
|
|
1 bedroom
| |
|
Minimum
|
500
|
|
Maximum
|
700
|
|
2 bedrooms
| |
|
Minimum
|
500
|
|
Maximum
|
800
|
|
Apartments in certain business districts
| |
|
1 room, studio or efficiency
|
400
|
|
Each additional room
|
100
|
E.
Mobile homes, where permitted: 600 square feet.
F.
Business or industrial building, first floor: 600
square feet.
G.
Floor area dimensions for nonresidential uses in the
VB District:
(1)
Minimum: 500 square feet.
(2)
Maximum: 5,000 square feet per use. Uses containing
between 5,000 square feet and 15,000 square feet may be permitted
by special exception.
(3)
No detached or attached building to serve either a
single use or a combination of uses shall exceed 15,000 square feet
in gross floor area.
H.
Units for moderate-income families:
(1)
Single-family detached dwellings:
|
Type of Dwelling
|
Area
(square feet)
|
|---|---|
|
1-story building or first floor
|
600
|
|
1 1/2- or 2-story building, combined
|
1,000
|
|
2-floor total
|
(2)
Two-family detached dwellings:
|
Type of Dwelling
|
Area
(square feet)
|
|---|---|
|
1-story building or first floor
|
1,200
|
|
1 1/2- or 2-story building, combined
|
1,600
|
|
2-floor total
|
(3)
Apartments:
|
Type of Dwelling
|
Area
(square feet)
|
|---|---|
|
1-room, studio or efficiency
|
400
|
|
Each additional room
|
100
|
I.
Accessory apartments created or made conforming under
Article IIA: 400 square feet.
J.
The maximum total floor area for one- and two-family
detached dwellings, as permitted in all residential zoning districts,
shall be 15,000 square feet. For the purposes of this subsection,
“total floor area” shall be defined as the area of a dwelling
measured from the outermost exterior walls of the dwellings structure.
[Amended 2-10-2009 by L.L. No. 2-2009]
K.
The maximum gross floor area per building or building complex in the Highway Business Zoning District shall not exceed 15,000 square feet per lot, except for the following uses which shall require special exception approval from the Planning Board and which shall comply with the special exception standards set forth in § 330-129.
[Amended 1-23-2018 by L.L. No. 4-2018]
L.
Floor area dimensions for buildings in the Shopping
Center Business Zone shall be limited to 15,000 square feet per building
per lot. The Planning Board may grant a special exception permit,
which allows buildings larger than 15,000 square feet for the following
uses, and only the following uses:
(1)
Residential community facilities limited to the following:
(a)
Church or similar place of worship or religious
instruction, parish house, rectory, seminary or convent.
(b)
Park, playground or recreational area when authorized
or operated by the municipality.
(c)
Public library or museum.
(d)
Fire station, municipal office or any governmental
building of similar character.
(e)
School, elementary or high, public, denominational
or private, operated or licensed by the New York State Education Department.
(4)
Grocery stores. Grocery stores may only exceed 15,000
square feet by special exception and in any case may not exceed 40,000
square feet.
N.
The maximum gross floor area per building or building
complex in the Office District Zone shall not exceed 15,000 square
feet per lot, except for the following uses which shall require special
exception approval from the Planning Board:
[Amended 1-23-2018 by L.L. No. 4-2018]
(1)
Residential community facilities limited to the following:
(a)
Church or similar place of worship or religious
instruction, parish house, rectory, seminary or convent.
(b)
Nursery school or child day care.
(c)
Park, playground or recreational area when authorized
or operated by the municipality.
(d)
Public library or museum.
(e)
Fire station, municipal office or any governmental
building of similar character.
(f)
School, elementary or high, public, denominational
or private, operated or licensed by the New York State Education Department.
The least overall dimension of any minimum required
first-floor area of a dwelling, other than mobile homes where permitted,
shall be 20 feet.
[Added 3-25-1986 by L.L. No. 5-1986; amended 6-28-2005 by L.L. No. 26-2005]
A.
Dwellings and dwelling units shall only be utilized
by families for residential purposes on a seasonal basis or for a
longer duration up to and including permanent residence, except as
otherwise permitted in this chapter.
B.
The use of dwellings and dwelling units for daily
or weekly occupancy is hereby declared to be a transient occupancy
and is prohibited.
C.
Nothing contained in this section shall be construed
as prohibiting the use of a dwelling unit in a resort motel on a weekly
rental basis.
D.
A single-family dwelling shall be designed and configured
to be used as a one-family dwelling. All habitable space must be connected
by a conditioned hallway or habitable space. Under no circumstances
shall habitable space be connected through a mechanical room, laundry
room, storage room, or garage.
[Added 3-25-1986 by L.L. No. 5-1986; amended 6-28-2005 by L.L. No. 27-2005]
A.
In residence districts.
[Amended 4-24-2001 by L.L. No. 15-2001; 11-13-2001 by L.L. No. 50-2001; 4-23-2002 by L.L. No. 9-2002; 2-11-2003 by L.L. No. 7-2003; 5-27-2003 by L.L. No. 44-2003]
(1)
No fence or wall in a required front yard shall have
a height greater than four feet.
(2)
No fence or wall in a required rear or side yard shall
have a height greater than six feet.
(3)
In no case shall any fence or wall have a height greater
than six feet.
(4)
Any fence or wall having a height of four feet or
less shall be exempt from building permit requirements, provided that
it shall be constructed of standard materials used for such purposes.
(5)
All fences to be erected will have a finished side
of the fence facing toward adjoining neighboring property(ies).
(6)
Corner lot fences and walls. Fences and walls on corner
lots may be up to six feet high in required front yards that are opposite
side yard lines only if:
(a)
The fence is installed in that portion of the
required front yard that lies between the nearest rear wall of the
dwelling and the rear lot line.
(b)
The fence is set back a minimum of five feet
from the front lot line.
(c)
Appropriate ornamental planting or a natural
buffer is provided in the form of plant material approved by:
(7)
Fences on through lots, as defined by this Code, may
be up to six feet high in the front yard that is not used as the primary
access to the dwelling only if:
(a)
The fence is installed in that portion of the
required front yard that lies between the nearest rear wall of the
dwelling and the rear lot line.
(b)
The fence is set back a minimum of five feet
from the rear lot line.
(c)
Appropriate ornamental planting or natural buffer
is provided in the form of plant material approved by:
(9)
In
the case of a waterfront lot, with the exception of an oceanfront
lot, where the rear lot line is a street right-of-way, a fence or
wall with a height greater than four feet from natural grade is permitted
only if:
[Added 7-13-2010 by L.L. No. 20-2010[1]]
(a)
The fence or wall is set back a minimum of five feet from the rear
lot line; and
(b)
Appropriate ornamental planting or natural buffer is provided in
the form of plant material approved by:
(c)
Any fence or wall with a height greater than four feet from natural
grade, benefiting from a certificate of occupancy or certificate of
compliance issued prior to the adoption date of this amendment, shall
be considered a legally preexisting structure and, as such, may be
replaced, rehabilitated, or reconstructed.
[1]
Editor's Note: This local law also provided for the renumbering
of former Subsection A(9) and (10) as Subsection A(10) and (11), respectively.
(10)
Any clothesline or clothes-hanging device shall
be exempt from building permit requirements, provided that it shall
be constructed of standard materials used for such purposes.
[Amended 6-10-2008 by L.L. No. 36-2008]
(11)
Flagpole lot fences and walls.
(a)
Fences and walls on flagpole lots may be up
to six feet high in the required front yards.
(b)
No fence or wall installed along the pole portion
of the lot shall have a height greater than four feet within a distance
from the right-of-way equal to the required front yard setback.
(c)
No fence or wall installed along the pole portion
of the lot a distance greater than the required front yard setback
from the right-of-way shall have a height greater than six feet.
B.
In nonresidence districts.
[Amended 3-11-2003 by L.L. No. 16-2003]
(1)
No fence or wall within 10 feet of a lot line in a
required front or side yard shall have a height greater than six feet.
(2)
No fence or wall within 10 feet of a lot line in a
required rear yard shall have a height greater than 10 feet.
(3)
Accessory driveway structures, including but not limited to fencing, gates, gatehouses, gateposts, bridges and pillars, are subject to the provisions of Chapter 330, Article XXX, Driveway Standards, of the Town Code.
[Added 7-28-2009 by L.L. No. 32-2009[2]]
[2]
Editor's Note: This local law also provided for the renumbering
of former Subsection B(3) as Subsection B(4).
(4)
Garbage and waste containers. These are containers
that include dumpsters, garbage cans or other receptacles that store
garbage, combustible materials and noncombustible waste materials.
These containers shall be enclosed as follows:
(a)
All containers shall have a cover which can
be secured to the container.
(b)
All containers shall be enclosed on three sides
by a solid fence, and on the fourth side with a solid gate. The width
of each side and gate shall exceed the width of the containers by
a minimum of one foot on each side. The gate and each side shall exceed
the height of the containers by a minimum of one foot.
(c)
All containers shall be located in the rear
or side yard and shall not obstruct access to utilities.
(d)
Existing containers within nonresidential districts shall be in compliance with these enclosure requirements within one year of the effective date of § 330-109B(4).
C.
Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence or wall to the highest point of the fence or wall, except that any fence or wall required by the New York State Building Code to be erected on the uphill side of such wall will not be included in calculating the height of the wall, notwithstanding the provisions of Subsections A and B. The ground level within 36 inches from the face of any wall shall have a slope of no more than a one foot vertical to four feet horizontal.
[Amended 7-27-2021 by L.L. No. 22-2021]
D.
Electrical fences. The use of any fence which delivers
an electric shock, charge or current to any animal or human being
when contact is made shall be strictly prohibited in all zones, unless
authorized by the Planning Board.
[Added 6-26-1996 by L.L. No. 17-1996]
(1)
No Planning Board approval is necessary for an electrical
fence where the use of the premises is for the keeping of livestock,
including horses.
(2)
All electrical fences authorized by the Planning Board or allowed under Subsection D(1) above shall require a permit from the Building Inspector.
(3)
No electrical fence shall place the safety of residents
in jeopardy, and conspicuous notices shall be affixed to the fence
to warn of the potential for electric shock.
(4)
Underground electrical dog fences shall not require
Planning Board approval or a permit from the Building Inspector.
E.
Agricultural fencing.
[Added 3-25-1997 by L.L. No. 8-1997; amended 12-12-2023 by L.L. No. 39-2023]
(1)
Within all Country Residential (CR) and Residential
(R) Zoning Districts, the Town Planning and Development Administrator
may approve an increase in the permitted height of a fence located
in any front, side or rear yard in order to protect agricultural crops
from damage due to deer. The maximum height of an agricultural fence
approved by the Town Planning and Development Administrator may not
exceed eight feet.
(2)
The increase in permitted fence height shall be based
on the following findings of the Town Planning and Development Administrator:
(a)
The subject property is currently in agricultural
production.
(b)
The applicant can demonstrate that an economic
loss will occur to agricultural crops without an increase in fencing
height.
(c)
Alternatives to fencing that will reduce the
economic loss of agricultural crops have been investigated.
(d)
Alternative types and heights of fencing materials
have been investigated.
(e)
The installation of the fencing will be accomplished
in a manner to preserve and protect the visual and scenic resources
of the Town.
(f)
If the property is located outside of the Agricultural Overlay District,
the applicant must provide a copy of the Property Record Card confirming
that it is classified as "agricultural" property.
(3)
An application to install agricultural fencing that
exceeds the permitted height shall be in the form of a building permit
application submitted to the Town's Building Inspector. The application
shall include a plan of the property accurately showing the delineation
of the proposed fence and a description of the proposed fence materials.
The Building Inspector shall submit a complete application to the
Town Planning and Development Administrator. The Town Planning and
Development Administrator shall approve, approve with conditions or
deny the application. In reviewing applications for agricultural fencing,
the Town Planning and Development Administrator may seek an advisory
report from the Agricultural Advisory Committee.
(4)
An application for agricultural fencing on preserved farmland as a condition of the sale of development rights to the County of Suffolk, shall be submitted to the Suffolk County Farmland Committee in accordance with Article X, Agricultural Overlay District for its approval prior to the issuance of any Town permits.
F.
Public
garden fencing.
[Added 7-14-2015 by L.L.
No. 19-2015]
(1)
Within
all zoning districts, the Planning Board may approve an increase in
the permitted height of a fence located in any yard in order to protect
subject gardens from damage due to deer, subject to the following:
(a)
The maximum height of the fence may not exceed eight feet.
(b)
Visibility (open space) must be provided through said fence equaling
a minimum of 40% of the area.
(d)
The fence shall be located landward of any existing buffer area or transition yard required pursuant to § 330-83G, but in no case less than 20 feet from any public right-of-way.
(e)
The installation of the fencing will be accomplished in a manner
to preserve and protect the visual and scenic resources of the Town,
which may include appropriate ornamental planting or natural buffer
provided in order to screen the subject fence from the public right-of-way.
(2)
An application for public garden fencing shall be submitted to the Planning Board and shall include a landscape plan as may be necessary to illustrate compliance with § 330-109F(1) above.
[Added 7-10-1984 by L.L. No. 12-1984]
B.
All berms shall be constructed out of clean fill or
an approved equal. Said fill shall be given sufficient time to settle
before final shaping and topsoil are applied. After the settled fill
has been shaped, a uniform six-inch layer of approved horticultural
topsoil shall be placed and fine graded.
C.
All berms shall be properly vegetated and landscaped,
as approved by the Planning Board, before any erosion occurs in the
topsoil on the berm or, in the alternative, the berm shall be covered
with an approved ground cover until such time the berm can be properly
landscaped.
D.
Berms shall be constructed only during the period
from March 1 through October 15.
F.
No fence or wall shall be constructed on a berm. However,
a retaining wall may be placed on the sides of a berm where the Planning
Board finds said retaining wall will promote aesthetic considerations
and the height of the same does not exceed the grade of the berm.
G.
The construction of berms and the berm itself shall
not interfere with the natural drainage.
[Added 7-10-1984 by L.L. No. 12-1984]
A.
In all residence districts, no berm shall have a height
greater than four feet in a front yard or six feet in a rear or side
yard.
B.
In all nonresidence districts, no berm shall have
a height greater than six feet in a front, rear or side yard.
C.
Notwithstanding the provisions of Subsections A and B of this section, where the proposed berm is along a highway, as that term is defined in § 292-3 of this Code, the Planning Board may increase the height limitations of this section, where it would be in the public interest, by limiting adverse impacts from noise or light or by promoting aesthetic considerations. However, in no case shall a berm along a highway exceed 10 feet.
D.
The height of a berm shall be the vertical distance
from the top of the berm to the natural existing grade at the base
of the berm.
A.
All berms, except those required to be constructed
in connection with the Planning Board's approval of a subdivision
plat or site plan, which exceed four feet in height shall require
a building permit.
B.
All applications for a building permit for a berm
shall include the following:
(1)
A detailed grading plan of the entire site, indicating
the existing topography in contour intervals no greater than five
feet and the proposed topography in contour intervals no greater than
two feet. The scale of the grading plan shall be no greater than one
inch equals 20 feet;
(2)
A cross section of the berm indicating the type of
materials to be used in constructing the berm (i.e., fill, topsoil)
and the location of landscaping. The scale of cross section shall
be no greater than one inch equals four feet; and
(3)
A detailed landscaping plan indicating the location,
size and quality of the species to be planted.
C.
All applications for a building permits for a berm
shall be referred to the Planning Board for its approval with respect
to the compatibility of the berm with the surrounding properties and
associated land uses, drainage considerations and landscaping.
D.
Within 15 working days of receipt of an application,
the Planning Board shall approve, approve with modifications or deny
the application.
E.
The Building Inspector shall not issue a permit for
a berm until Planning Board approval has been received. Failure of
the Planning Board to act within 15 working days shall be deemed an
approval.
