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Town of East Hampton, NY
Thursday, May 25, 2017

Chapter 255. Zoning

Article XI. Uses and Dimensions

§ 255-11-88. Additional rules for particular principal and accessory uses.

[Amended 9-17-1993 by L.L. No. 28-1993]
(1) 
Principal use. Agriculture shall be considered a principal use on any lot on which it is conducted.
(2) 
Minimum lot area. Agriculture may be conducted only on a lot or property comprising two acres or more. Contiguous land owned or leased by the same farmer may be aggregated to satisfy this requirement.
(3) 
Agricultural building coverage and total coverage. Building coverage and total coverage of agricultural buildings and structures, including temporary greenhouses, shall be limited as set forth herein:
(a) 
The percentage of lot area covered by the ground floor area of agricultural buildings, measured to the outside of the exterior walls, shall not exceed 2% on any lot in any residence district.
(b) 
The percentage of lot area covered by the ground floor area of agricultural buildings, measured to the outside of the exterior walls, plus the ground floor area of all other agricultural structures except pervious driveways, shall not exceed 10% on any lot in any residence district.
(4) 
Permissible accessory uses. The normal preparation of agricultural products for market, the incidental raising of small numbers of livestock (including poultry) for personal consumption, the incidental raising of small numbers of poultry for the production and on-premises sale of eggs, the incidental repair of agricultural vehicles, equipment and machinery and the on-premises sale of produce at no more than one temporary farm stand shall be permitted as accessory uses, provided that these activities are not separate and distinct businesses.
(5) 
Agricultural buildings. No agricultural building may be designed, equipped or used for cooking, living or sleeping purposes. However, agricultural buildings may be equipped with plumbing and toilet facilities necessary for agricultural operations and for the use of agricultural workers.
(6) 
Stripping of agricultural soils prohibited. Except as part of a construction project for which all approvals required to be obtained under this chapter have been granted, no topsoil shall be stripped or otherwise removed from any lands in the Town whose soils are in Capability Class I or Class II, as delineated in the United States Department of Agriculture's Soil Survey of Suffolk County, New York. See also § 255-3-35D.
[Added 11-15-1996 by L.L. No. 19-1996]
(1) 
An artist's studio, as defined in § 255-1-20, shall not contain more than one story which may be situated above a garage or other conforming accessory structure, shall not be of greater height together with any ground level garage or other conforming accessory structure than such residence and shall not have a gross floor area greater than:
(a) 
The gross floor area of the ground floor of the residence;
(b) 
An area equal to 5% of the area of the lot; or
(c) 
Two thousand five hundred square feet, whichever is lesser.
(2) 
An artist's studio may have a sink or sinks, but shall have no bath, shower, toilet or other plumbing of any kind and shall not contain any kitchen appliances, but may have a microwave and coffee maker.
(3) 
No artist's studio shall be constructed, moved onto or otherwise brought into being on any residential property nor shall any building permit be granted therefor nor shall the same be put to use unless and until the Town Board shall have:
(a) 
Reviewed and accepted an application filed by the individual which shall enable the Town Board to evaluate the applicant's degree of commitment to his/her fine art form which is professional in nature, establishes both his/her serious, consistent commitment to the arts and current engagement in his/her art form on an ongoing basis. Hobbyists and others for whom fine arts is not their primary professional work are generally ineligible. The following information must be included with the application, with no single element serving as a deciding factor:
[1] 
A description of the applicant's art form;
[2] 
A professional fine arts resume pertinent to the applicant's work which may include educational background, professional training, public exhibitions, critical reviews, grants and awards;
[3] 
Documentation appropriate to the applicant's particular art form which should reflect a body of work, including recent work, which may include, but is not limited to, photographs of his/her work, exhibition announcements and catalogue reviews; and
[4] 
Three letters of reference attesting to the artistic nature of the applicant's work.
(b) 
Accepted a duly executed and recordable instrument, in a form acceptable to the Town Attorney, establishing covenants and restrictions as set forth herein.
(4) 
No building permit shall be issued for an artist studio until such application has been approved by resolution by the Town Board pursuant to Subsection (3) above; and the Building Inspector has received proof that the owner/applicant has recorded the covenants and restrictions in the office of the Suffolk County Clerk. The covenants and restrictions must provide that:
(a) 
The studio shall not be rented or sold to any person for any purpose, except as part of a rental or sale of the entire property.
(b) 
The structure shall not be used at any time for sleeping or living purposes.
(c) 
The studio shall be used only for painting, drawing, sculpting or other similar activities involving the crafting or manipulation of materials into objects of fine art by one or more members of the family of the owner or tenant of the residence located on the property.
(d) 
In the event that the studio is not, cannot or will not be employed for the purpose or use set forth herein for more than six months, the artist, or a representative thereof, must notify the East Hampton Town Building Department in writing. At the request of the artist, the Town Board may permit a studio use to remain vacant for more than six months upon a finding of extenuating circumstances based upon information attested to by the approved artist. Absent that finding, either the new artist occupying the studio must submit an application pursuant to Subsection (3) herein or such studio shall be removed from the property or demolished, or the plumbing existing therein removed, and such studio, if oversized, shall be reduced to a conforming size and put to a conforming use, at the sole expense of the property owner.
(e) 
There shall be no commercial exhibits of art open to the public on the property and no additional parking may be constructed on site to service the studio, except those exhibits that are a part of an organized and advertised tour of artist's studios.
(f) 
The owner or renter of the property hereby consents to an annual inspection of the artist studio upon reasonable notice by the Building Department or the Ordinance Enforcement Department for compliance with these provisions and may also be subject to inspection upon reasonable notice by Code Enforcement as part of an investigation in response to a complaint.
(g) 
All applicable rules and regulations in the Town Code, as the same may from time to time be amended, regarding such studios and their uses shall at all times be adhered to.
(h) 
Failure to comply with any artist studio restriction may subject the owner or tenant to the penalties contained in the East Hampton Town Code.
(5) 
Upon conviction for one violation for having converted the artist's studio into living quarters, the Building Inspector, upon certification of those convictions, must either revoke the certificate of occupancy issued for the artist studio and refer the matter to the Zoning Board of Appeals for proceedings consistent with § 102-15B; or refer the matter to the Town Board to seek the revocation of the certificate of occupancy issued for the artist studio through New York State Supreme Court. The Building Inspector must require that the artist studio be removed, demolished or converted to a conforming use within a time period specified by the Building Inspector. An application to reinstate the artist studio may not be made for a period of five years following revocation of the certificate of occupancy.
[Added 7-2-2015 by L.L. No. 23-2015]
(1) 
A bar or tavern established as an accessory use to a resort or transient motel shall be prohibited in all residential districts.
(2) 
A bar or tavern established as an accessory use to a resort or transient motel shall meet all the provision of the definition of a "bar" or "tavern" pursuant to § 255-1-20 of this chapter, except as provided herein.
(3) 
The accessory bar or tavern use may be operated only if the principal resort or transient motel use is active and in use.
(4) 
Said accessory use shall not be construed to include or permit any form of a nightclub or other form of entertainment establishment.
(5) 
Music and entertainment may be permitted only pursuant to a permit issued as provided by Chapter 117 of this Code, except outdoor music shall be prohibited at all times, unless a permit is issued pursuant to Chapter 151 of the Town Code.
(6) 
The limitations and requirements set forth in this section shall not apply to legally preexisting bar or tavern uses.
(1) 
All major and minor repairs to recreational vessels and commercial fishing vessels are permitted, and commercial fishing dockage, warehousing, outdoor storage and similar accessory uses are also permitted, unless a specific use is limited by the Planning Board during site plan review as incompatible with existing adjacent uses or the environment.
(2) 
Indoor or outdoor storage of boats is permitted, but outdoor storage, as well as the accessory uses listed in the preceding subsection, shall be located at least 50 feet from any adjacent residential property.
(3) 
Boatyard waste products, such as oil, grease, fuel, cleaning fluids and compounds, and waste rags shall be stored in watertight containers and disposed of off site as prescribed by the Town, and a management plan for compliance with the above shall be required.
(4) 
Fuel storage tank installation shall be set back from the shoreline as far as practicable, and all tanks shall be of material which resists rust, corrosion, puncture and other failures which could cause leakage and contamination of wetlands and surface waters.
(5) 
In addition to the above, the specific requirements contained in the section for marinas shall also apply to boatyards.
[Added 12-2-1994 by L.L. No. 13-1994]
(1) 
A minor car wash is permitted only as an accessory use to a filling station, repair garage or motor vehicle salesroom and lot which is not a prohibited use in the use district in which it is located.
(2) 
The establishment of a minor car wash shall require site plan review and approval by the Planning Board, regardless of whether the same is otherwise required by the provisions of Article VI of this chapter. In approving a minor car wash, the Planning Board shall have power to allow a greater percentage of lot coverage than is otherwise permitted by the regulations governing the particular use district. In any such case, however, the Planning Board may only relax lot coverage restrictions if doing so will not cause a detriment to neighboring properties, if adequate buffers are provided for streets and neighboring properties, and if adequate provision is made for the collection and recharge of stormwater runoff.
(3) 
Adequate space shall be provided on the lot to allow for on-site parking of all vehicles associated with the principal and accessory uses of the lot.
(4) 
One or more "queuing" lanes shall be provided on the lot to accommodate all vehicles awaiting filling, washing or other service without backup onto public or private streets or adjacent property.
(5) 
Water used in the washing process shall be recycled, and the facility shall be designed, located and operated to protect the groundwater reservoir from pollution.
[Amended 8-16-1985 by L.L. No. 8-1985]
(1) 
Dish antennas (including satellite earth stations) having any linear dimension or diameter of six feet or greater shall in all cases require a building permit. All other approvals required under this chapter in connection with the granting of a building permit on the particular property shall also be obtained.
(2) 
In residential districts, no building permit shall be issued for a dish antenna until approval has been granted for the installation by the Architectural Review Board. Whether or not of a size requiring Architectural Review Board approval, all dish antennas located in residential districts shall meet the following standards:
(a) 
No dish antenna shall have a diameter greater than 10 feet (or three meters) and, when installed, no part of a dish antenna shall be at a point higher than 12 feet above natural grade.
(b) 
Dish antennas shall be sited so as to meet the setbacks for accessory structures applicable to the district in which the property is located and shall comply with § 255-11-72D, Pyramid law, and § 255-11-74, Other setbacks, of this chapter. Section 255-11-72E, Exceptions, shall not apply to dish antennas in residential districts.
(c) 
No dish antenna greater than four feet in diameter shall be located on the roof of any building or structure; such antennas shall be sited only on the ground and shall be securely anchored thereto.
(d) 
The materials used in the construction of the antenna shall not be unduly bright, shiny, garish or reflective. The dish antenna, if of solid (rather than mesh) construction, shall be primarily tan, beige or other similar neutral color. White or silver solid-dish antennas shall not be permitted.
(e) 
The location chosen for installation of a dish antenna shall be that otherwise practical position on the lot which most reduces the visual impact, annoyance and distractive influence on surrounding residential properties or adjacent streets.
(3) 
Consistent with the need to achieve adequate signal reception by the proposed dish antenna, applicants before the Architectural Review Board shall demonstrate to the Board that they have attempted to fully screen the proposed dish antenna from view from all such neighboring locations by proper placement of the antenna, the use of screening or other reasonable means. The Architectural Review Board may deny permission to site a dish antenna at any location on a lot where the antenna cannot be at least partially screened or where the Board determines that the antenna will be particularly noticeable or visually obtrusive to nearby residents or to passersby.
[Added 6-17-2010 by L.L. No. 5-2010]:
(1) 
On all residential properties upon which a building permit is issued for construction of a new residence or for the substantial expansion of an existing residence, as the same is defined in this chapter, driveways shall have a minimum clearance, in height and width, free of all obstacles and impediments, including but not limited to gates, pillars, fences and woody vegetation, of 14 feet in width and 12 feet in height in order to permit entry by fire-fighting apparatus and other emergency vehicles. In addition, on residential properties on which any dwelling structure is located more than 75 feet or more from the edge of the improved right-of-way from which access is taken, driveways shall have a minimum clear width of 20 feet for the first 35 feet of the driveway, as measured from the edge of the improved surface of the street or right-of-way, and thereafter shall be maintained a minimum clear width of not less than 16 feet for the full remaining length of the access. This requirement is in addition to the requirements set forth in Chapter 220, Article XIV, "Design Criteria," and any provision thereof which is more restrictive than that set forth herein shall prevail.
(2) 
No plantings or obstructions shall be placed within any Town highway right-of-way.
[Added 12-18-1997 by L.L. No. 40-1997]:
(1) 
Special permit required. No person shall construct, commence to use or substantially expand a passenger ferry terminal nor commence any passenger ferry service, without having first obtained a special permit pursuant to Article V hereof which specifically authorizes the proposed use and approves the onshore terminal facility to be employed.
(2) 
Vessel limitations. No ferry which has more than two-thousand installed horsepower and the capability of traveling at a speed in excess of 20 knots nor any vehicle ferry of any description shall dock at or otherwise make use of any passenger ferry terminal or be allowed to dock at or make use of such facility, except in case of emergency.
(3) 
Determination of ferry passenger capacity. The Building Inspector shall determine and at all times keep a record of the ferry passenger capacity of every passenger ferry terminal within the Town. In his file for each such terminal, he shall record and keep all documents or other materials or information forming the basis for his determination of the terminal's then-current ferry passenger capacity.
[Added 2-9-1999 by L.L. No. 6-1999]
[Added 9-18-2014 by L.L. No. 32-2014]:
(1) 
Special permit required. No person shall construct, commence to use or expand a formula business without first having obtained a special permit after a public hearing pursuant to Article V hereof which specifically authorizes the proposed use.
(2) 
In addition the findings in § 255-5-40G, an applicant seeking a special permit shall submit a traffic study with specific information requested by the Planning Board. The Planning Board shall have the authority to waive this requirement.
[Added 4-21-1989 by L.L. No. 2-1989]:
(1) 
The demolition, removal or replacement, pursuant to Article 12 of the Suffolk County Sanitary Code, of existing fuel tanks, fuel lines, fuel dispensers or other existing hazardous toxic storage facilities shall require a building permit that shall be subject to the review and approval of the Natural Resources Department and the Office of Fire Prevention.
(2) 
The removal of fuel and fuel-contaminated soils shall be overseen by the Department of Natural Resources. All contaminated materials shall be removed by a licensed hauler to be properly disposed of at a site determined by the Natural Resources Department.
(3) 
All replacement tanks installed at marinas shall be sited as far back from the water as possible, provided with adequate fuel catchment, if sited above ground, and properly marked as a fuel storage area in a manner prescribed by the Office of Fire Prevention.
(4) 
All marina dockside fuel dispensers shall be limited to two dispensing areas. A curtain boom of sufficient length to encircle each dispensing area shall be maintained on site.
(5) 
No approvals of any Board or Town agency, including building permits and certificates of occupancy, may be issued to any property or operator of any facility that is not in compliance with the provisions of this section or the provisions of Article 12 of the Suffolk County Sanitary Code.
ICE RINK
The conversion of a private, preexisting legal playing court to a seasonal tier two ice rink for private use is prohibited.
[Added 8-18-2005 by L.L. No. 25-2005]
MARINA
All the regulations set forth in § 255-5-50, Marina, Recreational, shall be applicable to marinas.
[Amended 4-14-2005 by L.L. No. 12-2005]:
(1) 
Mobile homes may be sited or installed only in authorized mobile home communities and only upon those sites specifically designated for such installations. Any person installing such a mobile home shall make application to the Building Inspector for a building permit authorizing the installation.
(2) 
An existing mobile home may be replaced with another mobile home upon issuance of a building permit for such replacement. In the event that the mobile home is located within a mobile home community, the permit shall be issued as set forth in Subsection (4) hereof. All applicable provisions of the Town's Zoning Code shall apply to such replacement unless such provision(s) are expressly waived herein. After installation, the Building Inspector shall inspect the work and confirm in writing that the installation of the mobile home meets the requirements of all applicable New York State laws and codes. The Town Board may, by resolution, set a fee for this permit which differs from that of some or all other types of building permits.
(3) 
Mobile homes within a mobile home community may not be replaced with any structures other than mobile homes.
(4) 
Permits for the replacement of individual mobile homes within a mobile home community, or the installation of accessory structures for an individual mobile home within a mobile home community, including but not limited to the installation of decks and sheds, may be issued by the Building Inspector upon a determination by the Building Inspector that the application meets the requirements of the codes of the State of New York and the requirements set forth in this section. No site plan approval shall be required for such improvements regardless of the zoning district in which the property is located. Such permits shall be issued only upon a finding by the Building Inspector that:
(a) 
The mobile home or the community in which the applicant is located has undergone an inspection by the Building Inspector and/or Fire Marshal within the preceding year and no violations of any laws or regulations relating to the health or safety of the occupants were found to exist on the premises;
(b) 
The proposed improvement is intended to and will serve only an individual mobile home and not the community as a whole;
(c) 
The proposed improvement does not result in the total building coverage for the mobile home community exceeding a total building coverage of 20% of the lot area. In calculating such coverage, the total lot area of the entire mobile home community shall be compared to the total building coverage of the entire mobile home community even if such community is composed of multiple parcels; and
(d) 
The proposed improvement has been approved by the mobile home community in writing.
PLAYING COURT
The setback required from any property line for a playing court on any lot shall be twice that required by § 255-11-10 for an accessory building located on such lot, but in no case shall such required setback be less than 50 feet where the adjacent lot is a residential property.
[Amended 7-7-2000 by L.L. No. 14-2000]
[Added 7-2-2015 by L.L. No. 23-2015]
(1) 
A restaurant established as an accessory use to a resort or transient motel shall be prohibited in all residential districts.
(2) 
A restaurant established as an accessory use to a resort or transient motel shall meet all the provisions of the definition of a "restaurant" pursuant to § 255-1-20 of this chapter, except as provided herein.
(3) 
The accessory restaurant use may be operated only if the principal resort or transient motel use is active and in use.
(4) 
Said accessory use shall not be construed to include or permit any form of a nightclub or other form of entertainment establishment.
(5) 
Music and entertainment may be permitted only pursuant to a permit issued as provided by Chapter 117 of this Code; however, no (amplified) outdoor music shall be permitted at any time, unless a permit is issued pursuant to Chapter 151 of the Town Code.
(6) 
The limitations and requirements set forth in this section shall not apply to legally preexisting restaurant uses.
SUBDIVISIONS
In order to foster the rural appearance of residential areas of the Town, the road entrances to real estate subdivisions may be marked only by one identification (business) sign approved by the Architectural Review Board as provided for in this chapter. Additional signs, as well as berms, fences, walls, checkpoints, gates, guardhouses and other structures of any kind serving to identify, distinguish, isolate or separate the subdivision from surrounding properties shall be prohibited. Signs advertising the sale or rental of individual lots in the subdivision shall be located only on the particular lot and not at the entrance to the subdivision.
SUBDIVISION MAP LOTS
Notwithstanding past practice or any former zoning or district classifications or special rules regarding the use of lots lying in old filed, filed, urban renewal or other previously approved subdivision maps, all lots and all uses, buildings and structures on any lot located in any such subdivision map shall henceforth conform to all use and dimensional regulations of this chapter applicable to the use district in which the lot is located, including, where necessary, the relief provisions for nonconforming lots of § 255-1-43 hereof. This provision shall not be deemed to limit the authority of the Town Board to prohibit the subdivision of lots or alteration of lot lines of maps within an urban renewal plan except in conformity within the urban renewal plan duly adopted and amended by the Town.[1]
[Amended 8-16-1985 by L.L. No. 8-1985; 5-7-1993 by L.L. No. 9-1993]
(1) 
There shall be no less than 3,630 square feet of lot area devoted exclusively to the motel use for each motel unit.
[Amended 8-16-1985 by L.L. No. 8-1985]
(2) 
The maximum habitable floor area of any dwelling unit shall not exceed 600 square feet, and the minimum shall be 325 square feet. The average such area for all units on the site shall not exceed 450 square feet.
(3) 
The units, and the entire facility, shall strictly adhere to the description of a transient motel in Article I hereof, and cooperative, condominium and other similar types of ownership and use of the facility, or of units therein, are forbidden.
(4) 
All units shall be in multiple-unit structures, and the site shall not be subdivided for the purpose of creating individual lots or sites for the creation of single-family residences or units.
(5) 
There shall be expanded site plan review for this use:
(a) 
During the course of its review as a part of site plan review, the Architectural Review Board shall review the design, scale and appearance not only of particular units or structures, but also of the entire facility, especially with regard to its overall compatibility with present and potential uses of adjacent properties and structures, and with the character of the neighborhood generally. The Review Board shall approve only facilities whose design and scale are found to be so compatible.
(b) 
The Planning Board shall review the site plan to ensure the installation of adequate sanitary waste disposal and water supply facilities and the maintenance of same. Such facilities must be designed so as to protect the groundwater reservoir from pollution, avoid saltwater intrusion into the aquifer on or off the site and not result in excessive water demand detrimental to neighboring properties or the environment. Approval of proposed sewage disposal and water supply facilities by any other governmental agency shall not in itself be deemed to compel the Planning Board to find that the requirements of this subsection have been met, unless the Board shall find that the environmental and community water supply protection goals of this section and this chapter have actually been achieved by such approval. Also, the Board may condition site plan approval on additional reasonable requirements beyond those which may have been called for by other governmental agencies having jurisdiction.
(c) 
The size, scale or configuration of a proposed motel must be found not to:
[1] 
Create an undue increase in traffic congestion on adjacent and nearby public streets or highways.
[2] 
Create, or increase levels of, soil erosion by water or wind on or near the site.
[3] 
Create or expand a floodplain area or increase the danger to public safety by flooding in any such area.
[4] 
Decrease or destroy the fertility of the land, particularly of agricultural lands or wetlands, if the same are involved or likely to be affected or give rise to any long-term risk to the fertility of such lands.
[5] 
Cause or lead to the pollution of harbors, creeks, bays or other productive water bodies on or off the site.
(d) 
All intensive outdoor activities planned for the site shall be capable of being located on the property such that each of the same, together with the noise and other effects generated thereby, will be reasonably screened from adjacent properties and compatible with existing and potential uses thereon. Where such an adjacent property is a residential property or any property with an occupied residence, complete screening of the activity and its effects shall be deemed necessary to meet this requirement.
(e) 
Outdoor lighting shall be contained on the site, and in order to assure that light sources are not visible from neighboring lots, no such source shall be more than 10 feet above the ground level underneath it.
(f) 
There shall be no outdoor public-address or music system audible beyond the limits of the site.
(g) 
The Planning Board shall condition site plan approval upon compliance of the proposed transient motel or addition thereto with all of the above conditions, as well as with all provisions of the State Environmental Quality Review Act and Chapter 128 of this Code.
(1) 
Except where forming part of a lot which includes upland on which a lawfully existing marina, recreational marina or boatyard is operating, the uses of underwater land shall be confined to those permitted by this article on lands in Park and Conservation District.
(2) 
Coastal structures shall in all cases be permitted only as accessory uses to the use located on the upland portion of the same lot.
(3) 
In all cases, no use of underwater land shall be commenced until a natural resources special permit, or other applicable special permit or approval necessary for the use, shall first have been issued. This subsection shall not be deemed to apply to hunting, fishing and shellfishing for which all necessary licenses, if any, have been obtained.
[Amended 12-18-1997 by L.L. No. 38-1997; 2-10-1998 by L.L. No. 6-1998]
(4) 
Subdivision of underwater land shall be controlled by the Planning Board pursuant to provisions of Chapter 220 of this Code. No subdivision shall be permitted except as part of a proposal (including an upland development plan) to return some or all of the privately owned underwater land to be subdivided to public ownership or to permanently prohibit by recorded instrument the development of such underwater land. In no case shall any new privately owned underwater lot not adjacent to a commonly held upland property be permitted to come into existence through any such subdivision.[2]
(1) 
Vineyard and grape production. No building permit shall be issued for a winery approved pursuant to this article unless and until at least 10 acres of wine grape vines have been planted and established on the winery site or on the arable lands contiguous thereto. Within seven years of the issuance of the certificate of occupancy for the winery, at least 1/3 of the grapes used to produce the wine which is bottled in the winery shall be grown on the winery premises or the arable land adjacent thereto. At all times, at least 75% of the grapes used to produce wine in the winery shall be grown in Suffolk County, New York.
(2) 
Annual affidavit of compliance required. The owner of every winery (including the adjacent premises containing the vineyard) shall file with the Town Clerk and with the Building Inspector, on or before March 31 of each year, an affidavit affirming that during the preceding calendar year (January through December) the winery has complied with the growing and productions regulations set forth in the preceding subsection. The form of this affidavit shall be acceptable to and approved by the Town Attorney.
(3) 
Tours and tastings. Tours and tastings, as defined herein, shall be considered permitted accessory uses to a winery.
(4) 
Special event tours and tastings. Special event tours and tastings, as defined herein, shall be considered permitted accessory uses to a winery only to the extent that they comply with the following limitations: special event tours and tastings shall be limited to a maximum of three such events per calendar year, with one such event permitted during the period from July 1 through and including August 31 in each calendar year; and the remaining two such events permitted during any other month of the year, so long as the events are not held within 30 days of each other. The winery owner shall obtain any and all necessary permits to hold such including a permit from the Town Clerk pursuant to Chapter 151 of the Town Code, as the same may be amended from time to time. No entertainment or amplified music shall be permitted outside the winery buildings. No winery may hold any special event tours and tastings unless parking for the same has been provided as required herein.
(5) 
Coverage limitations. Notwithstanding any other provision of this chapter which may be to the contrary, the lot area of the entire contiguous tract of land comprising the winery and associated vineyard may be employed in calculating building coverage and total lot coverage for a winery. Such coverage restrictions shall be those applicable to agricultural buildings and structures under Subsection (3) of § 255-11-88 (AGRICULTURE) hereof, although a winery shall not be deemed an agricultural building or structure for the purposes of this chapter.
(6) 
Water Recharge Overlay District. No winery shall be established within the Water Recharge Overlay District.
(7) 
Parking. At least one parking space shall be provided for every 1,500 square feet of the gross floor area of the winery buildings. One additional parking space shall be provided for every 130 square feet of area included in the tasting room, or, for every two seats of seating capacity provided in the tasting room, whichever is greater.
(8) 
Overflow parking. If a winery proposes to hold special event tours and tastings, as defined herein, improved or unimproved overflow parking for at least 50 cars shall be provided on site, and site plan approval of the same shall be obtained from the Planning Board. In any case, no special event tours and tastings may be held at a winery unless said overflow parking has been provided as required herein.
[1]
Editor’s Note: Swimming pool, as amended, which immediately followed this use, was repealed 7-7-2016 by L.L. No. 21-2016.
[2]
Editor's Note: The subsection which immediately followed this subsection, Uses Listed in § 255-5-50, was repealed 1-16-1997 by L.L. No. 2-1997.