The Use Table and Dimensional Table (either
of which may consist of one or more constituent tables) are included
in this section, but, if necessary, may be located at the end of this
chapter.[1] The tables taken together shall constitute the fundamental
system of land use regulation for the Town of East Hampton, and, except
as otherwise indicated in specific provisions of this chapter to the
contrary, such tables shall at all times be complied with by all buildings,
structures, lots and uses located in all districts.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
A.
Separation. Accessory buildings, including garages,
if detached from the main building, shall be not less than five feet
from the main building and/or from any other accessory building, except:
[Amended 10-7-2021 by L.L. No. 18-2021]
(1)
Two or more accessory buildings (including open-air appendages such as porches and screened patios) may be approved to be built, or remain, without a minimum five-foot separation, so long as the total aggregate square footage of the accessory buildings (without a minimum separation of five feet) is less than 600 square feet, and none of the accessory buildings is a pool house, artist studio or affordable accessory apartment with plumbing facilities pursuant to § 255-11-23 unless the only unseparated accessory building to the pool house, artist studio or affordable accessory apartment is an open air appendage; or
(2)
An enclosed hallway, breezeway or other design feature that functionally separates two habitable spaces in a single-family dwelling or separates a habitable space in a single-family dwelling and a detached garage, where the width of such hallway, breezeway or design feature is equal to or greater than 1/2 its length pursuant to §255-11-67.
B.
Private garage. 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.
Preexistence of a main building. No accessory building
or structure shall be constructed upon a lot or plot unless a main
building or principal use already exists thereon. This restriction
shall not be deemed to apply to agricultural buildings and structures.
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 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, either the accessory building or structure must be removed
within nine months or the owner of the lot without a principal structure
must obtain a building permit for a principal building or structure
within nine months. For purposes of this provision, common ownership
shall be deemed to refer to:
[Amended 9-17-1993 by L.L. No. 28-1993; 2-17-2005 by L.L. No. 7-2005; 12-2-2005 by L.L. No. 40-2005]
(1)
Title to contiguous properties being held in
the same name(s);
(2)
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
(3)
A married or registered domestic couple holding
title to one or both of the contiguous properties in the name of a
corporation, limited-liability company trust, family limited partnership
or similar entity.
D.
Setbacks and height. All accessory buildings and structures shall meet all applicable height and setback requirements of the Dimensional Table of § 255-11-10 and the requirements of §§ 255-11-72 through 255-11-74 hereof, unless the particular structure is exempted from one or more such limitation by specific language in this chapter.
E.
Parking area. Accessory off-street parking or truck
loading areas shall be improved in accordance with the procedural
requirements and design specifications of this chapter, and such areas
shall not be encroached upon by buildings, open storage or any other
use.
F.
Quartering of animals. Unless a greater distance is
required by another specific provision hereof, the quartering of horses,
pigs, sheep or cattle in open areas or pens shall not be permitted
within 10 feet of any lot line except one which adjoins a street or
a parcel of land whose use is restricted in perpetuity to agriculture.
[Amended 9-17-1993 by L.L. No. 28-1993]
[Added 9-17-1993 by L.L. No. 28-1993; amended 10-19-2015 by L.L. No.
35-2015; 12-1-2016 by L.L. No. 49-2016; 12-7-2017 by L.L. No. 44-2017; 10-7-2021 by L.L. No. 18-2021]
A.
The
term "accessory building" may include a private garage, garden shed,
private greenhouse or other similar building conforming to the definition
of "accessory building," but no accessory building on any residential
property shall have a gross floor area equal to or greater than 600
square feet except an artist's studio meeting the requirements of
this chapter.
B.
No accessory building, other than a pool house of less than 200 square feet in gross floor area, an artist's studio or an affordable accessory apartment meeting the requirements of this chapter, shall contain any bath, shower or plumbing facilities. An accessory dwelling unit permitted pursuant to § 255-7-60D shall not be restricted by this limitation.
C.
Accessory buildings, other than an affordable accessory apartment permitted pursuant to § 255-11-63, are not habitable spaces and are not intended to extend the dwelling into unattached buildings. No accessory structure on any residential property, other than an affordable accessory apartment permitted pursuant to § 255-11-63, may contain sleeping quarters, a kitchen, or have any interior installed cooking appliances. Fireplaces and/or grills are only permitted in open-air appendages, and only if such meets all New York State Fire and Safety Code requirements. Pool houses and any attached open-air appendage to that pool house, may have food preservation appliances such as a cooler or refrigerator, and may contain laundry appliances.
[Amended 11-15-1996 by L.L. No. 19-1996]
With the recent rapid growth of the Town has
come a proliferation of high berms, fences and walls, especially in
residential areas. While these structures often provide a means for
the property owner on which they are located to achieve privacy, the
benefits achieved are often outweighed by the public harm done:
A.
Setbacks. Siting of massive or opaque structures close
to property lines and roads defeats the light-and-air bases for required
yard setbacks imposed upon other structures.
B.
Historic and rural character. The presence of such
structures diminishes the visual attributes of the Town by obscuring
long vistas and views of natural and man-made features basic to the
Town's character, including historic buildings set close to roads,
and by creating a walled-in urban look.
C.
Safety. By destroying sight lines and eliminating
open areas alongside streets and highways, such structures can make
in-tersections more dangerous, increase the hazard to pedestrians
and animals and create blind driveways wherever they appear.
|
In addition, where legitimate needs for privacy
exist, due to proximity to streets or other dwellings for example,
it can usually be achieved with hedges, shrubs or other living fences
carrying little of the negative impacts set forth above. It is thus
prudent to place restrictions on the size and location of berms, fences
and walls and to subject certain of the same to a reasonable level
of review and scrutiny by local agencies in order to ameliorate the
effect which they would otherwise produce, individually and collectively,
on the Town.
|
The following regulations shall apply to all
berms in all districts unless otherwise indicated:
A.
Building permits. The erection, enlargement, alteration
or removal of the following types of berms shall require a building
permit.
B.
Architectural review. Architectural and design review
shall be required for any berm for which a building permit is required.
C.
Contents of applications. Building permit applications
for berms 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 such 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 same (i.e., fill, topsoil,
etc.) and the location of the landscaping. The scale of such cross
section shall be no greater than one inch equals four feet.
(3)
A detailed landscaping plan indicating the location,
size and quantity of the species to be planted.
D.
Referral of applications. The Building Inspector shall refer all applications for a building permit for a berm to the Architectural Review Board for its approval with respect to the compatibility of the berm with the surrounding properties, streets and associated land uses, drainage and appearance. At the same time, if the building of such berm, or the activity or work of which such construction is a part, is itself subject to site plan review pursuant to Article VI hereof, the Inspector shall also refer the application to the Planning Board for its review. Nothing in this subsection shall be deemed to eliminate the need to obtain any other permit or local agency approval applicable to the building of the berm or to the activity or work of which it is a part.
E.
Review. Unless its review is in conjunction with site plan review by the Planning Board, the Architectural Review Board shall, within 30 working days after receipt of a complete application, approve, approve with modifications or disapprove the application. In making its determination, the Board shall consider, among other things, the findings set forth in § 255-11-31 hereof. The Building Inspector shall not issue a building permit for a berm until Architectural Review Board approval has been received. Failure of the Board to act within 30 working days shall be deemed an approval.
F.
General rules. The following regulations apply to
all berms, whether or not a building permit is required therefor.
(1)
Berms shall be constructed only during the period
from March 1 to October 15. Only clean fill, topsoil or an approved
equivalent shall be used. Material shall be given sufficient time
to settle before final shaping and topsoil are applied. After shaping,
a uniform layer at least six inches thick of approved horticultural
topsoil shall be placed and fine graded.
(2)
Berms shall be located only in the position
on a lot approved by the Architectural Review Board, if review by
the Board is required by this section. In no case shall all or part
of any berm be placed upon street rights-of-way or other public property.
(3)
Berms shall not exceed eight feet in height, but upon a written finding of exceptional circumstances related to high levels of ambient noise or light which cannot be abated and from which protection is needed or public interest considerations, berms of up to 10 feet in height may be authorized. Notwithstanding the preceding sentence, no berm located on a residential property in a yard fronting on a public street shall exceed six feet in height, and no berm, wherever located, shall violate the setback limitations of § 255-11-72D, Pyramid law, or § 255-11-74A or B, setbacks from scenic easements and setbacks on corner lots hereof. The height of a berm shall be the vertical distance from any point on the top of the berm (exclusive of plantings) to the existing natural grade at the base of the berm at that point.
(4)
No fence, gate, pillar or wall shall be constructed
on a berm, and no berm shall interfere with existing natural drainage
patterns or cause ponding or flooding on any property.
[Amended 12-17-2020 by L.L. No. 10-2020]
(5)
Berms shall be properly vegetated and landscaped,
in the manner approved by the Architectural Review Board, if applicable,
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 as the berm can be properly landscaped.
[Amended 6-14-2001 by L.L. No. 11-2001; 5-21-2015 by L.L. No. 12-2015]
A.
Building permits and Architectural and Design Board review. The erection,
enlargement, alteration or removal of the following types of fences,
gates, pillars and walls shall require a building permit and Architectural
and Design Board review and approval:
B.
Architectural and Design Board review and approval shall not be required
for fences and corresponding gates that are in compliance with all
other requirements of this chapter and meet all of the following criteria:
(1)
The fence is constructed of either minimum two-inch-square black
or green_wire field fencing between six feet and eight feet in height
or black or green wire farm and field agricultural fencing subject
to the height limitation of six feet for a fence or gate located on
a residential property in a yard fronting (bordering upon) a public
street unless it is located 50 feet or more from the edge of the pavement
of the public street; and
(2)
The fence posts are made of two-inch-maximum black or green
metal poles; and
(3)
The area enclosed by the fence is less than 50% of the area
of the parcel; and
(4)
The fence will be installed along only two property lines and
is more than 20 feet away from running along the remaining property
lines; and
(5)
The installation of the fence post and/or gate is not subject
to site plan review.
(6)
The gate is a corresponding structure to a fence that meets
all the requirements of paragraphs (1)-(5) above as well as all of
the following: the gate is constructed of metal or wood framing and
either minimum two-inch-square black or green wire field fencing or
black or green wire farm and field agricultural fencing; the gate
is no more than six feet in height on a residential property in a
yard that fronts (borders upon) a public street or otherwise no more
than eight feet in height; and if the gate traverses a driveway, that
it is placed no closer than 20 feet to the edge of the public or private
road surface.
The provisions of § 255-11-34D and E regarding review of berms shall apply to such walls, gates and fences.
C.
Height limits.
(1)
The height of a fence, gate, pillar, post or wall shall be the vertical distance from any point on the top of the fence, gate, pillar, post or wall (exclusive of plantings) to the existing natural grade at the base of the fence, gate, pillar, post or wall at that point. A fence located on the top of a wall shall for all purposes be deemed to be part of the wall. The height of a fence, gate, pillar, post or wall shall be subject to the provisions of § 255-10-40C.
(2)
Fences, gates, pillars, posts
and walls shall not exceed eight feet in height when located in yards
that do not front (border upon) a public street and shall not exceed
six feet in height when located in yards that front (border upon)
a public street. The Architectural Review Board has the discretion
to vary from these height limitations in certain circumstances:
(i)
Upon a written finding by the Architectural Review Board of
exceptional circumstances related to high levels of ambient noise,
light, or property damage from animals which cannot be abated by the
landowner and from which protection is needed, or of public interest
considerations, fences and walls of up to 10 feet in height may be
authorized; or
(ii)
On a residential property in a yard fronting (bordering)
on a public street, if the fence, gate, pillar, post and/or wall is
to be located 50 feet or more from the edge of the pavement of the
public street, such fence, gate, pillar, post and/or wall of up to
eight feet in height may be authorized; or
(iii)
Upon a written finding by the Architectural Review Board for an application for a fence, constructed of field agricultural fencing, that is for property on which agriculture is a principal use pursuant to the requirements of § 255-11-88, and that the fence will enclose only the area of the property used as part of a bona fide agricultural operation; and that the fence will be set back at least 10 feet from the property line or the edge of the pavement of the public street (whichever is farther); such fence of up to eight feet in height may be authorized, and if found by the Board to be necessary, in addition a tension wire placed above such fence at a height not to exceed nine feet from the existing natural grade may also be approved. Such approval is also upon condition that if either of the conditions upon which the Board made such findings should change, that the fence (and wire) must be reduced to a total of six feet in height, within 30 days.
D.
Setbacks for fences, gates, pillars and walls. No wall, gate, pillar or fence for which a building permit is required by this section, wherever located, shall violate the setback limitations of § 255-11-74A and B (setbacks from scenic easements and setbacks on corner lots), but fences, gates, pillars and walls need not comply with § 255-11-72D, Pyramid law. Gates must comply with the provisions of § 255-11-88 (Driveways, Gates, Pillars and Other Obstructions).
Nothing in § 255-11-34, 255-11-36 or 255-11-38 hereof shall be deemed to interfere with or abridge any provision of Article VI of this chapter requiring site plan approval for certain structures, lots or uses, including any such provision which may require site plan approval for every structure on a particular lot or site.
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 permit
uses of buildings, structures and lots in numbers not less than those
set forth in the following sections.
A.
Single use. The requirement for a single use (e.g., a single-family residence or a retail store) shall be determined directly from the Schedule of Parking Requirements in § 255-11-45.
B.
Combination use. The requirement for a combination
use made up of two or more component uses (e.g., a bowling alley combined
with an auditorium, a restaurant with a bar or a retail store with
an office building) shall be determined by establishing the requirement
for each component use from the schedule and adding them together.
C.
Fractions. When the required number of spaces is determined
to result in a fraction, the number shall be increased to the next
higher whole number.
D.
Unlisted use. If the use in question is not specifically
listed in the schedule, the requirement shall be that of the most
similar listed use.
E.
Number of employees. 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.
F.
Garages and carports. Garages and carports and, only
in the case of residences, driveways, may be used to meet parking
requirements of these sections, but no garage or other parking area
shall be located under a motel, multiple residence (other than a two-family
dwelling) or resort without the explicit written permission of the
Fire Prevention Inspector, as well as of every other local agency
having jurisdiction to review and approve such a plan.
G.
Adjacent property. Parking requirements of these sections
may be satisfied for a single or combination use on an adjacent or
neighboring property within 500 feet of the use in question; provided,
however, that any approval of such a configuration by a local agency
shall be conditioned on the grant of a permanent parking easement
over the subordinate property and in favor of the dominant property,
with such assurances (including title reports) as the local agency
may find necessary to ensure the continued availability of parking
on the subordinate property.
[Amended 7-2-1999 by L.L. No. 16-1999]
H.
Special permit uses. Uses requiring a special permit pursuant to Article V of this chapter may be required by the local agency having jurisdiction to create up to 150% of the minimum parking required in these sections if it is found, either because of the nature of the use, the nature of the site or for some other reason, that such additional parking would be necessary for the use to comply with any of the standards or safeguards of Article V applicable to it.
I.
Storage buildings. The amount and type of parking
required for storage buildings may be determined by the local agency
having jurisdiction on a case-by-case basis according to the nature
of the entire use of which the building is a part.
[Amended 8-16-1985 by L.L. No. 8-1985]
J.
Limited Business Overlay uses. The Planning Board must approve a plan illustrating the number of spaces required by § 255-11-45 but may permit the construction of less than the number of parking spaces required for any use proposed within the Limited Business Overlay District upon a finding that the circumstances of the immediately proposed use does not require the maximum number of spaces required by § 255-11-45. Any future change in the parking on that particular site may be constructed with a building permit pursuant to the approved plan without additional Planning Board approval.
[Added 10-6-2006 by L.L. No. 24-2006]
A.
Site plan approval required. For all properties and uses subject to site plan review pursuant to Article VI, 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.
B.
Physical improvements. 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 this Code or the regulations
of the Planning Board.
(2)
Lighting of public parking areas adequate to
assure general safety and convenience, while at the same time of such
design as to avoid having light sources be visible from the street
or across property lines.
(3)
Screening appropriate to the protection of adjacent
properties from automotive noise, fumes and visual impact.
C.
Aisles. Unless a different configuration shall be
approved by the Planning Board during site plan review for reasons
of sound planning and proper site layout, 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 a sixty-degree angle in a one-way direction with the
aisle and 12 feet when the parking spaces are at a forty-five degree
angle in a on-way direction with the aisle.
[Amended 3-15-1991 by L.L. No. 4-1991]
D.
Circulation. Aisles and turning areas shall provide
good internal circulation with adequate radii to assure ease of mobility,
ample clearance and convenient access and egress.
E.
Gradients. Center-line gradients of aisles shall not
exceed 8%.
F.
Size of parking spaces. Parking spaces shall be marked
off with a minimum width of 10 feet and a minimum length of 18 feet,
or a minimum width of nine feet and a minimum length of 20 feet. In
the case of parking spaces for trucks or special equipment, parking
spaces shall be of a minimum size to be determined by the Planning
Board based upon the nature of the parked vehicles.
G.
Size of truck loading spaces. Truck loading spaces
shall have a minimum width of 12 feet, a minimum length of 40 feet
and a minimum clear height of 14 feet. The related aisles or driveways
shall have the same minimum width and clear height.
Every access driveway on nonresidential properties
shall have a minimum unobstructed width of 20 feet, and the design
and construction of all such driveways and related improvements shall
meet all Planning Board requirements and be located and established
only as the same are indicated on a site plan duly approved by the
Planning Board.
|
Schedule of Off-Street Parking Requirements
| ||
|---|---|---|
|
Use
|
Number of Spaces Required
| |
|
Residential
| ||
|
(1)
|
Single-family residence
|
2 per residence
|
|
(2)
|
Multiple residence
|
2 per dwelling unit
|
|
(3)
|
Apartments over stores
|
1 per apartment
|
|
(4)
|
Senior citizen apartments (affordable housing)
[Added 5-16-1986 by L.L. No. 3-1986] |
1.4 per apartment
|
|
(5)
|
Residential museum
[Added 7-1-2010 by L.L. No. 6-2010] |
Up to 1,000 square feet of interior exhibit space and/or on
lots up to 2 acres in lot area: 15 spaces plus 1 bus space. For each
additional 100 square feet of interior exhibit space, 1 additional
space. For each additional 1/2 acre of lot area, 1 additional space
|
|
Commercial
| ||
|
(1)
|
Auditorium, church, convention hall, gymnasium,
theater, studio or other place of public assembly not otherwise classified
|
1 per 3 permanent seats or 1 per each 40 square
feet of seating area where fixed seating is not provided, plus 1 per
each employee
|
|
(2)
|
Car wash, minor or major
[Added 12-2-1994 by L.L. No. 13-1994[1]] |
1 per employee, plus an 8-space queuing line
area for each car wash bay
|
|
(3)
|
Bank or savings and loan association
|
Same as for offices, plus a 5-space queuing
line area for each drive-in teller's window
|
|
(4)
|
Bowling alley
|
4 per alley
|
|
(5)
|
Dry cleaning
|
1 per employee, plus 2 per 100 square feet of
service area
|
|
(6)
|
Restaurant, fast-food or restaurant drive-in
[Amended 6-15-2017 by L.L. No. 15-2017; 5-8-2018 by L.L. No. 4-2018] |
10 per cash register, plus one per 3 permanent seats, plus one
per employee, plus a 6-space queuing line area per drive-in window
|
|
(7)
|
Filling station (See repair garage for additional
requirements.)
|
4-space queuing line area for each pump, plus
1 space per employee
|
|
(7a)
|
Florist or flower shop
[Added 5-21-2015 by L.L.
No. 11-2015] |
1 per 180 square feet of gross floor area
|
|
(8)
|
Funeral home
|
1 per 40 square feet of public room floor area
|
|
(9)
|
Home professional office
|
4 per residence, inclusive of the 2 per dwelling
required
|
|
(10)
|
Hospital or nursing home
|
1 per each 4 beds, plus 1 per employee
|
|
(11)
|
Laundromat
|
0.75 per machine
|
|
(12)
|
Manufacturing or industrial establishment or
research institute or laboratory
|
1 per 500 square feet of employee working space
floor area
|
|
(13)
|
Marina or boatyard
|
1.25 per boat slip, mooring, dock space or similar
unit of capacity, plus 1 per employee
|
|
(14)
|
Medical arts, ambulatory care or clinic
|
1 per 40 square feet waiting area, plus 1 per
employee
|
|
(15)
|
Membership club
|
1 per every 2 members, plus 1 per employee
|
|
(16)
|
Motel or hotel
|
1.25 per bedroom
|
|
(17)
|
Nightclub, disco, tavern, bar or dance hall
|
2 per each 3 persons of rated capacity, plus
1 per employee
|
|
(18)
|
Office or office building
|
1 per 180 gross square feet of floor area
|
|
(19)
|
Outdoor sales lot or auto dealers
|
1 per each 600 feet of show room and lot area,
plus 1 per employee
|
|
(20)
|
Public or semipublic art gallery, library or
museum
|
Same as for auditoriums, etc.
|
|
(21)
|
Repair garage
|
4 per bay, plus 1 per employee
|
|
(22)
|
Restaurant
|
1 per 3 permanent seats or 1 per each 3 persons
of rated capacity, plus 1 per employee per shift
|
|
(23)
|
Retail store, take-out food store, or personal service shop
[Amended 6-15-2017 by L.L. No. 15-2017; 5-8-2018 by L.L. No. 4-2018] |
1 per 180 square feet of gross floor area
|
|
(24)
|
School, nursery school or day-care center
|
1 per each employee including teachers, administrators,
maintenance personnel), plus 1 per each 8 students in the 12th grade
or the parking requirement for for the auditorium or gymnasium component
of the the use, whichever is greater, plus bus loading area, if applicable
|
|
(24a)
|
Storage garage
[Added 12-18-1997 by L.L. No. 39-1997] |
2
|
|
(25)
|
Studio, exercise
|
1 per 50 square feet of gross floor area; except
1 per 180 square feet of gross floor area where the property is within
a Central Business District Zone and the shortest distance from the
property boundary line to the boundary line of a municipal parking
lot is no greater than 500 feet
|
|
(26)
|
Veterinarian, veterinary hospital or kennel
|
1 per 40 square feet of waiting room area
|
|
(27)
|
Warehouse
|
1 per employee
|
|
(28)
|
Wholesale establishment
|
Same as for manufacturing or industrial establishment
|
|
(29)
|
Tennis club
[Added 9-24-1991 by L.L. No. 20-1991; amended 7-7-2000 by L.L. No. 14-2000] |
4 per playing court, plus 1 per 50 square feet
of swimming pool
|
|
(30)
|
Passenger ferry terminal
[Added 12-18-1997 by L.L. No. 40-1997] |
1 per each 3 persons of ferry passenger capacity,
as defined herein
|
|
(31)
|
Horse farm
[Added 6-3-2005 by L.L. No. 18-2005] |
1 for every horse stall up to and including
10 stalls, then 0.5 for every stall thereafter, plus 1 per employee
|
|
(32)
|
Riding academy
[Added 6-3-2005 by L.L. No. 18-2005] |
1 for every horse stall, plus 1 per employee
|
|
Truck Loading Schedule
|
|---|
|
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
|
|
5,000 to 14,999
|
1
|
|
15,000 to 40,000
|
2
|
|
Over 40,000
|
1 for each additional 40,000 square feet over
and above the requirement for the first 40,000 square feet
|
A.
Seasonal use. The Planning Board, in the case of a
use which traditionally exhibits extended periods of low parking demand,
may allow up to 75% of the required parking for horse farms or, for
all other uses, up to 50% of the required parking to be located on
prepared, well-drained, dust free grassed areas, so as to lessen the
amount of improved parking required. In determining whether to allow
the use of such grass parking, the Planning Board shall consider the
availability of on-street public parking in the vicinity of the project
site, historic use patterns of the site, and the character of the
surrounding area.
[Amended 5-3-2002 by L.L. No. 10-2002; 6-3-2005 by L.L. No. 14-2005]
B.
Central business districts. The Planning Board, in
the case of uses located on lots in a Central Business District, may
require or permit, in lieu of some or all of the ordinary off-street
parking requirements for the use, payment of a parking fee to be added
to a fund used to create municipal parking for the district. However,
no such fees shall be collected until the Planning Board shall have
adopted regulations governing computation of the fee and use of the
same.
C.
Historic Districts. The Planning Board, in the case
of a use located on lots within Town-designated Historic Districts,
may waive all or a portion of the parking required by the Table of
Off-Street Parking Requirements pursuant to a written finding made
by Planning Board resolution that:
[Added 6-4-2004 by L.L. No. 11-2004]
(1)
The lot proposed for an alternative use requiring
site plan and/or special permit approval is suitable for such alternative
use and/or development; and
(2)
The proposed use of the property is consistent
with preserving the historical attributes of the site; and
(3)
Existing on-site and or nearby on-street or
municipal parking can accommodate the projected demand from the proposed
use; and
(4)
The provision of some or all of the required
off-street parking on the parcel would have a detrimental impact on
the historical attributes of the subject property, including its historical
context, setting and historical value.
In order to perpetuate the open character and
rural appearance of the Town and to promote good community planning
generally, while at the same time recognizing the economic importance
and attractiveness of a reasonable number of well-sited and tastefully
designed signs of various kinds, it is hereby required that signs
be erected, established, altered and maintained only in accordance
with the requirements of the following sections.
A.
Certain signs prohibited. The following types of signs
shall be prohibited in the Town of East Hampton:
[Amended 12-15-1989 by L.L. No. 16-1989; 6-7-1991 by L.L. No. 11-1991; 10-6-2006 by L.L. No. 27-2006; 12-5-2008 by L.L. No. 22-2008]
(1)
Billboards, including sandwich board and other
sidewalk signs.
(2)
Flashing, blinking, tracing, flickering or neon
signs.
[Amended 7-3-2014 by L.L. No. 21-2014]
(3)
Any sign more than three feet higher than the
average ceiling height of the building on which the sign is located.
(4)
Any sign more than 10 feet higher than the natural
grade of the land on which it is located.
(5)
Illuminated vending machines.
(6)
Exterior internally illuminated signs.
B.
Nonconforming signs. Only signs as are described and
permitted by specific provisions of these sections shall be deemed
to conform thereto. Any other sign shall be deemed nonconforming.
A nonconforming sign may not be replaced by another nonconforming
sign. All signs rendered nonconforming by prior enactments of these
provisions, by the enactment of these sections or by any future amendment
thereof, shall, at the expiration of the following time periods following
such enactment or amendment, become prohibited and unlawful structures
and shall be removed:
[Amended 12-15-1989 by L.L. No. 16-1989]
C.
Public property. Nothing herein shall be deemed to
limit the authority of the Town Board to erect, alter or maintain
any sign deemed necessary or reasonable for the public safety or convenience
on any right-of-way or other property owned or leased by the Town,
nor the authority of the Town Board to allow, permit or license private
persons or parties to do the same, subject to all applicable provisions
of law.
D.
Legal notices. These regulations shall not apply to
signs placed on any property to provide legal notice to the public
where such notice and such sign are required by the terms of any law,
ordinance, governmental regulation, court decree or administrative
order. However, in the case of gasoline price signs and other similar
external signs required by law to be posted by certain businesses
or special permit uses, any characteristic of the sign, such as maximum
size, color, exact onsite location, etc., not specifically determined
by the law requiring the sign, shall be subject to site plan and/or
architectural and design approval in the same manner as any other
sign on the property.
E.
Lighting of signs. Lighting shall be mounted on the
top of or above the sign, directed downward, and positioned or shielded
so that the light source is not visible beyond the boundary of the
property on which the sign is located.
[Added 10-6-2006 by L.L. No. 27-2006]
[Amended 6-14-2001 by L.L. No. 11-2001; 11-4-2005 by L.L. No. 38-2005; 12-5-2008 by L.L. No. 22-2008]
A.
Nonresidential zoning districts:
(1)
Each business establishment located in a nonresidential
zone shall be permitted signage as follows:
(a)
All signs for any one business shall not exceed
20 square feet in aggregate area, except that both sides of a two-sided
freestanding sign may have an aggregate area of 32 square feet.
(b)
Freestanding signs shall not extend more than
10 feet above the grade of the land on which the sign is located.
However, in no event shall any sign extend beyond the height of the
structure to which it is attached, or located adjacent thereto.
(c)
The aggregate area of all signs located on any
one wall of any building shall not exceed one foot times the length
of the particular wall on which the signs are located.
(2)
Where a structure or group of structures containing
more than one business exists on one lot, a freestanding directory
sign conforming to the following requirements shall be permitted in
addition to the signage permitted herein for each business:
(3)
All such signs shall be located upon the premises
upon which the business is located.
(4)
No sign shall be installed so that any portion
of the sign extends beyond the height to the building upon which it
is attached.
B.
Residential zoning districts:
(1)
Signs located in residential districts shall
not exceed 12 square feet in area, or 20 square feet in the case of
the aggregate area of both sides of a two-sided freestanding sign.
Such signs shall be located entirely upon the property and not within
any public rights-of-way or upon the property of another party.
(2)
Signs identifying realty subdivisions: No more
than one such sign shall be located at each intersection of a subdivision
road with a public street or highway from which vehicular access to
the subdivision is taken, up to a maximum total of three signs.
C.
All districts:
(1)
Directional signs. The following shall apply to any directional sign as the same is defined in Article I:
(a)
Signs may be located on public or private property.
(b)
Signs shall be white with black lettering, six
inches by 36 inches in size.
(c)
Signs shall not be erected, located, removed
or altered on public or private property without a resolution of approval
by the Town Board. Signs located on public property without such approval
may be removed by the Town Police, Town Building Department, Ordinance
Enforcement Department or Town Highway Department.
(d)
Signs shall be erected on signposts maintained
by the Town or on trees designated by the Town Board wherever possible.
(e)
Signs shall not be illuminated.
(2)
Informational signs. The following shall apply to any informational sign as the same is defined in Article I:
(a)
Signs shall be located only on lots being legally
used for business or commercial purposes or on a residential district
lot containing a legal special permit use.
(b)
Signs shall not be illuminated.
(c)
Signs shall be subject to site plan and/or architectural
and design review and shall conform in design and location to approval
obtained.
(3)
Professional or announcement signs. The following shall apply to any professional or announcement sign as the same is defined in Article I:
(a)
Signs shall be located only on private property
containing an occupied residence. Signs located on public property
or rights-of-way may be removed by the Town Police, Town Building
Department, Ordinance Enforcement Department or Town Highway Department.
(b)
No permit shall be required.
(c)
Only one sign may be located on each eligible
property.
(d)
Signs shall not exceed two square feet.
(e)
Signs shall not be illuminated.
(4)
Temporary signs. The following shall apply to any temporary sign as the same is defined in Article I:
(a)
Real estate and construction signs.
(i)
Signs may be located on any private
property in any district. Signs shall not be located on public property
or rights-of-way, and such signs so located may be peremptorily removed
by the Town Police, Town Building Department, Ordinance Enforcement
Department or Town Highway Department.
(ii)
No permit shall be required.
(iii)
One sign shall be permitted for
each road frontage property line (lot) or each road entrance (subdivision).
(iv)
Signs shall not exceed six square
feet in area.
(v)
Signs shall not be illuminated.
(vi)
Sign height shall not exceed four
feet above the finished grade of the property or the grade of the
street immediately adjacent to the location of the sign, whichever
is higher, except in the case of post-and-arm signs, which shall not
exceed six feet in height from the finished grade of the property
or the street immediately adjacent thereto, whichever is higher.
(vii)
Signs shall be set back a minimum
of eight feet from the edge of the improved roadway or edge of the
sidewalk and shall not interfere with pedestrian or vehicular traffic.
In the event this is not possible due to physical constraints on the
property, then such sign shall be located so as to be situated as
close to the minimum setback as reasonably possible.
(viii)
Signs shall be perpendicular
to the property line.
(ix)
Signs shall be installed on a
sturdy support, including post-and-arm or other similar arrangement,
to assure that the sign remains supported and in place and does not
come loose and become litter or interfere with vehicular or pedestrian
traffic.
(x)
Signs shall be temporary and shall
not remain in place beyond such time as the premises are sold or rented
or, in the event of a construction sign, until a certificate of occupancy
is issued for the work being undertaken at the premises, but in no
event shall any such sign remain in place for more than one year from
the date of its installation.
(b)
Other temporary signs on premises.
(i)
Signs may be located on any lot
in any district not displaying other signs permitted by this chapter.
Signs shall not be located on any public property or rights-of-way,
and such signs so located may be removed by the Town Police, Town
Building Department, Ordinance Enforcement Department or Town Highway
Department.
(ii)
There shall be no more than one
such sign on any lot.
(iii)
No permit shall be required.
(iv)
No such sign be more than 16 square
feet in area, except that both sides of a two-sided freestanding sign
may have an aggregate area of 24 square feet.
(v)
One sign shall be permitted for
each road frontage property line.
(vi)
The sign shall not be illuminated.
(c)
Temporary business signs: Businesses which otherwise
do not require site plan approval shall be entitled to erect one temporary
business sign pending the issuance of an approval of a permanent sign
from the Architectural Review Board, which temporary sign shall comply
in all respects to the physical and dimensional requirements set forth
in this chapter. Such temporary business signs may remain in place
no more than three weeks unless an extension of time is granted by
the Architectural Review Board.
(5)
Off-premises signs: Off-premises signs, except
as may be specifically permitted herein, are prohibited in the Town
of East Hampton.
(a)
Off-premises temporary signs:
(i)
Off-premises temporary signs which
do not exceed six square feet in area are permitted, provided that
they are installed on private property with the permission of the
property owner or upon public property, provided such signs do not
interfere with the use of such property and do not cause a traffic
hazard as determined by the Town Superintendent of Highways or the
Town Police Department. Such signs may be erected for no more than
seven days and shall be removed by the persons responsible for their
installation. In the event such signs are not removed within seven
days of their placement, they shall be deemed litter and may be removed
by the Town, and in addition, appropriate penalties for littering
may be imposed.
(ii)
No permit shall be required for
off-premises temporary signs as provided for herein.
(iii)
No more than six events of any
nature for which an off-premises sign is erected shall be permitted
for any property within a twelve-month period. This provision shall
not be construed to allow any activity upon a property which is not
otherwise permitted under the provisions of this chapter.
Wherever this chapter requires approval of the
Architectural Review Board for the erection, enlargement or alteration
of a sign, such sign shall, in addition to complying with these sections,
be approved by such Board as being of suitable size, design and location,
pursuant to all applicable standards in this chapter, and the Board
shall not be compelled to approve any such sign solely because of
compliance herewith.
Nothing in §§ 255-11-50 through 255-11-58 hereof shall be deemed to interfere with or abridge any provision in Article VI of this chapter requiring site plan approval for certain structures, lots and uses, including any such provision which may require site plan approval for every structure on a particular lot or site.
An important function of local land use regulation
is the establishment and protection of single-family residential districts
in which tranquil, healthy and safe neighborhood environments are
maintained for the quiet enjoyment of resident homeowners and their
families and in which the children of such families may be properly
raised. Such residential areas provide a setting suitable primarily
for the Town's permanent and seasonal residents who are living, working,
going to school, paying taxes, etc., in East Hampton. The needs of
transients, on the other hand, are best accommodated in other districts.
Nearly any business enterprise conducted for the purpose of making
a profit may sacrifice other values critical to residential neighborhoods.
Thus, the courts have long recognized the right of municipalities
to entirely segregate business uses from such districts and to otherwise
prevent unwarranted commercialization from encroaching therein, including
that commercialization caused by the misuse of single-family residences.
In particular, the purely commercial use of such structures by absentee
owners poses problems for adjacent properties and residents, as well
as to legitimate businesses located in commercial district paying
business taxes, and must be strictly limited. The regulations in these
sections and throughout this chapter recognize these principals and
are designed to further the same, while at the same time permitting
certain compatible activities in single-family residences which can
serve to supplement an owner's income without risking harm to surrounding
residences or entire residential neighborhoods.
[Amended 5-4-2007 by L.L. No. 18-2007]
The following are the only uses permitted in
single-family residences in the Town of East Hampton:
A.
Principal residence. Permanent, seasonal or intermittent
occupation by the owner's family as principal residence.
B.
Nonprincipal residence. Temporary, seasonal or intermittent
occupancy by the owner's family as nonprincipal residence, vacation
residence or second home.
C.
Supplemental uses when owner or owner's family in
residence. During periods of actual occupancy by one or more members
of the owner's family:
(1)
Use of one home office.
(2)
Engaging in home occupations.
(3)
Rental of one or two guest rooms.
(5)
Operation of a residential museum as defined in this chapter.
[Added 7-1-2010 by L.L. No. 6-2010]
(6)
Use of a small taxi office (office use, nondispatch). A small taxi office (office use, nondispatch) shall be limited to a business owned and operated by the owner of a parcel of real property that operates either one of two taxicabs or vehicles for hire under a single business license issued pursuant to Chapter 226 of this Code, provided that there is:
[Added 5-15-2014 by L.L. No. 11-2014]
(a)
No dispatching of taxicabs from the premises where the small
taxi office is located; and
(b)
No on-site maintenance, repair, or upkeep, including but not
limited to car washing, oil changes, engine repair or maintenance,
body work, of any taxi cab or vehicle for hire, on the premises where
the small taxi office is located; and
(c)
Sufficient, delineated parking areas on the subject parcel to
provide for parking of four motor vehicles. Street parking of taxi
cabs or vehicles for hire at or near the small taxi office location
is prohibited.
(d)
Only one small taxi office (office use, nondispatch) per parcel
of real property.
D.
Supplemental use when owner and owner's family not in residence. During periods of nonoccupancy by all persons in the owner's family, and subject to the provisions of § 255-11-64 hereof, occupancy of the entire residence by one family as guest of owner or as tenant. In the case of such occupancy, the supplemental uses set forth in Subsection C(1), (2) and (5) of this section may be engaged in by a resident tenant, but the uses in Subsection C(3) and (4) thereof shall be prohibited. Where there is occupancy of the entire residence by one family as guest or tenant of the owner, the supplemental uses provided for in Subsection C(6) may be engaged in by a resident tenant or guest only where such resident or guest can provide proof of leasing a premises in the Town of East Hampton for at least one year prior to application for the supplemental use and that he or she is the owner and operator of the business that operates out of the small taxi office.
[Amended 7-1-2010 by L.L. No. 6-2010; 5-15-2014 by L.L. No.
11-2014]
A.
General requirements.
[Amended 12-1-2016 by L.L. No. 49-2016]
(1)
The lot to which the affordable accessory apartment
is to be added shall possess a certificate of occupancy for a single-family
residence, be entitled to the issuance of a certificate of occupancy
by virtue of preexisting status or have a valid building permit to
construct a single-family residence, unless the owner of the property
intends to obtain permits pursuant to this section to maintain an
apartment constructed without approvals as an affordable accessory
apartment.
(2)
No more than one affordable accessory apartment
shall be permitted on any lot.
(3)
A detached affordable accessory apartment shall not be permitted
on a lot on which there exists an artist studio, preexisting accessory
apartment, two-family detached dwelling or multiple-family dwelling.
[Amended 7-18-2023 by L.L. No. 18-2023]
(4)
An affordable apartment may not be sublet.
(5)
No affordable accessory apartment shall be permitted if the
result would be a residential density of more than two dwelling units
per lot.
(6)
In residence districts authorized by this chapter, an affordable
accessory apartment may be maintained as a conditional accessory use
only upon compliance with the requirements of this local law, the
Code of the Town of East Hampton, the New York State Uniform Fire
Prevention and Building Code and the conditions, rules and/or regulations
of any other agency having jurisdiction.
(7)
The rent charged for an affordable accessory apartment may not exceed the standards set forth in § 255-1-20, "affordable housing unit."
(8)
No more than 40 affordable accessory apartment permits or building
permits for affordable accessory apartments shall be issued in each
school district located within the Town of East Hampton. The total
number of permits issued for affordable accessory apartments in the
Town of East Hampton shall not exceed 200. The permits will be issued
on a first-come-first-served basis. See § 255-11-63C(3)(a)[1]
for additional restrictions. The Town Board, as necessary and at their
discretion, may adopt, from time to time, a resolution to establish
a certain number of units in each school district that are available
on less than year-round occupancy.
[Amended 7-18-2023 by L.L. No. 18-2023]
B.
Site requirements.
(1)
No violations of the Town Code shall exist at
the time of application for an affordable accessory apartment; excepting
those that may exist as part of an apartment constructed without approvals
that is the subject of the application for an affordable accessory
apartment. The Building Inspector shall inspect the premises upon
receipt of a completed application, and the application shall not
be processed until all outstanding violations are corrected.
(2)
No affordable accessory apartment within a residence or a detached
structure shall be constructed on a lot with a total lot area less
than 20,000 square feet.
[Amended 12-1-2016 by L.L. No. 49-2016; 6-20-2019 by L.L. No. 26-2019; 7-18-2023 by L.L. No. 18-2023]
(3)
No affordable accessory apartment shall be permitted
on any lot located wholly or partially within a Harbor Protection
Overlay District or Affordable Housing Overlay District.
C.
Permits required; conditional use.
(1)
The apartment or principal dwelling is owner-occupied, serving as the owner's legal primary residence. Rent for the remaining dwelling unit is determined by the affordable guidelines and terms found herein, including but not limited to the rental limits set forth for an affordable housing unit pursuant to § 255-1-20 of the East Hampton Town Code.
[Amended 7-18-2023 by L.L. No. 18-2023]
(2)
Building permit application. The owner of a
single-family detached dwelling, when authorized by this chapter,
may apply to the Building Department for a permit to construct an
affordable accessory apartment. The application shall be in writing
and in a form prescribed by the Building Inspector and acknowledged
by the applicant in the form of an affidavit verified under oath.
The application must contain:
(a)
The name, address and contact information of
the owner;
(b)
The name, address and contact information of
a person designated by the owner who is responsible for the property
in the absence of the owner;
(c)
The street and address of the premises at which
an affordable accessory apartment is contemplated, together with its
Suffolk County Tax Map description;
(d)
A survey of the premises at which the affordable
accessory apartment is contemplated, at a scale and size suitable
for filing;
(e)
If the affordable accessory apartment is proposed within a residence,
a floor plan of the existing residence or proposed residence and one
photograph of each of the front, rear and each side of the existing
dwelling on the premises which is the subject of the application,
as well as photographs depicting the location of any existing driveways,
and if not included on the survey drawn to scale, showing all buildings,
structures, walks, drives, other physical features of the premises
and the location of and access to existing and proposed off-street
parking;
[Amended 12-1-2016 by L.L. No. 49-2016]
(f)
If the affordable accessory apartment is proposed within a residence,
a floor plan of the proposed dwelling as same shall exist after any
alterations or modifications are made for such affordable accessory
apartment;
[Amended 12-1-2016 by L.L. No. 49-2016]
(g)
If the affordable accessory apartment is proposed within a detached
structure, a floor plan of the existing structure and one photograph
of each of the front, rear and each side of the existing structure
on the premises which is the subject of the application, as well as
photographs depicting the location of any existing driveways, and
if not included on the survey drawn to scale, showing all buildings,
structures, walks, drives, other physical features of the premises
and the location of and access to existing and proposed off-street
parking;
[Added 12-1-2016 by L.L.
No. 49-2016[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
C(2)(g) through (k) as Subsection C(2)(i) through (m), respectively.
(h)
If the affordable accessory apartment is proposed within a detached
structure, a floor plan of the proposed dwelling as same shall exist
after any alterations or modifications are made for such affordable
accessory apartment;
[Added 12-1-2016 by L.L.
No. 49-2016]
(i)
Proof of residency of the owner(s);
(j)
Photo identification of the owner(s);
(k)
A duly executed and acknowledged written consent
of the applicant authorizing an inspection of the premises as set
forth in § 255-11-63C(3)(a)(7);
(l)
A duly executed and acknowledged written intention to construct an affordable accessory apartment in accordance with the provisions of § 255-11-63 of the Town Code;
(m)
Any other information deemed necessary by the
Building Inspector to assure the completeness of the application.
(3)
Certificate of occupancy for an affordable accessory
apartment will not be issued until:
(a)
The property owner has such contracts, easements,
covenants, deed restrictions, or other legal instruments running in
favor of the Town which will ensure that:
[1]
The principal dwelling is owner-occupied, except the owner shall be permitted to occupy an affordable apartment within a residence and rent the principal dwelling under the applicable, as determined by the Office of Housing and Community Development, affordable apartment guidelines and terms found herein, including but not limited to the rental limits set forth for an affordable housing unit pursuant to § 255-1-20 of the East Hampton Town Code.
[Amended 12-1-2016 by L.L. No. 49-2016; 7-18-2023 by L.L. No. 18-2023]
[2]
The apartment or any proprietary
or other interest therein will not be sold to the tenant or any other
party, except as part of a sale of the entire residence in which the
apartment is located;
[3]
The affordable dwelling unit is
the legal domicile of all tenants therein;[2]
[Amended 7-18-2023 by L.L. No. 18-2023]
[2]
Editor's Note: Former Subsection C(3)(a)[3], regarding affordable
accessory apartment use only for year-round occupancy, which immediately
preceded this subsection, was repealed 7-18-2023 by L.L. No. 18-2023. This local law also renumbered former Subsection C(3)(a)[4] and
[5] as Subsection C(3)(a)[3] and [4], respectively.
[4]
Rent charged to the tenant of the apartment must be stated in the lease and is not to exceed that set forth for an affordable housing unit pursuant to § 255-1-20 of the East Hampton Town Code;
[5]
All leases of the rental apartment shall be in writing, comply with § 255-11-63F, and made available to the Office of Housing and Community Development;
[Amended 7-18-2023 by L.L. No. 18-2023[3]]
[3]
Editor's Note: This local law also renumbered former Subsection
C(3)(a)[6] through [8] as Subsection C(3)(a)[5] through [7], respectively.
[6]
The Building Inspector, or his/her
designee, has the right to inspect the entire property, upon reasonable
notice, for the purpose of determining whether the apartment and all
other structures on the property are in compliance with the Code of
the Town of East Hampton, the New York State Uniform Fire Prevention
and Building Code and/or the rules and regulations of any other agency
having jurisdiction. The failure to schedule an inspection after due
notice from the Town or resisting, obstructing and/or impeding the
agents, servants, officers and/or employees of the Town of East Hampton
during an inspection of the premises shall be a violation of this
local law and subject to the fines and penalties provided in the East
Hampton Town Code;
[7]
The Building Inspector, or his/her
designee, has the right and the obligation in the event of an emergency
as determined by the Building Inspector and upon notice to the property
owner, to enter upon any portion of the premises to protect the health,
safety and welfare of residents or perform any duty required of him/her
under the Code of the Town of East Hampton, the New York State Uniform
Fire Prevention and Building Code and/or the rules and regulations
of any other agency having jurisdiction;[4]
[4]
Editor's Note: Former Subsection C(3)(a)[9], no more than
two persons are permitted to reside in the apartment, which immediately
followed this subsection, was repealed 7-18-2023 by L.L. No. 18-2023. This local law also renumbered former Subsection C(3)(a)[10] through
[12] as Subsection C(3)(a)[8] through [10], respectively.
[8]
The apartment is properly constructed,
maintained and used, and unapproved uses are excluded therefrom; and
[9]
Any other conditions deemed reasonable
and necessary to ensure the immediate and long-term success of the
apartment in helping to meet affordable housing needs in the community
is met;
[10]
An affordable accessory apartment may not be occupied until an affordable accessory apartment permit has been obtained from the Office of Housing and Community Development pursuant to § 255-11-63E of the East Hampton Town Code; and
(b)
The Building Inspector has notified the Fire
District in which the apartment is located, that an affordable accessory
apartment has been constructed at that location.
D.
Violations; presumptions.
(1)
It shall be unlawful to use, establish, maintain, operate, occupy,
rent or lease an apartment located within a single-family residence
or detached structure unless legally preexisting in the Town of East
Hampton without first having obtained an affordable accessory apartment
permit. Failure or refusal to procure an affordable accessory apartment
permit shall be deemed a violation of this local law.
[Amended 12-1-2016 by L.L. No. 49-2016]
(2)
In the absence of a valid affordable accessory
apartment permit, there shall be a rebuttable presumption that a residence
for a single family contains an illegal apartment which is being established,
operated, used, occupied, rented, leased and/or maintained as a multiple-family
residence in violation of law if any two or more of the following
features are found to exist by any person authorized to enforce or
investigate violations of the Code of the Town of East Hampton:
(a)
More than one mailbox, mail slot or post office
address;
(b)
More than one doorbell or doorway on the same
side of the building or dwelling unit;
(c)
More than one gas meter;
(d)
More than one electric meter;
(e)
More than one connecting line for utility services;
(f)
More than one satellite dish;
(g)
Multiple bills for utility/cable television
service;
(h)
Separate entrances for segregated parts of the
dwelling, including but not limited to bedrooms;
(i)
Permanent partitions or internal doors which
may serve to bar access between segregated portions of the dwelling,
including but not limited to the bedroom;
(j)
A separate written or oral lease or rental arrangement,
payment or agreement for portions of the dwelling among its owner(s)
and/or occupants and/or persons in possession thereof;
(k)
The inability of any occupant or person in possession
thereof to have unimpeded and/or lawful access to all parts of the
dwelling unit; or
(l)
Two or more kitchens each containing one or
more of the following: a range, oven, hotplate, microwave or other
similar device customarily used for cooking or preparation of food
and/or a refrigerator.
(3)
If a property, building or dwelling is found to contain two or more of the features enumerated in Subsection D(2) herein, the Town may request that the owner of that property, building or dwelling unit submit to the Town a verified statement affirming that the property, building or dwelling unit meets all applicable zoning or building codes, ordinances and regulations of the Town of East Hampton. Failure to submit the requested statement as required by the Town shall be deemed a violation subject to the penalties contained in § 255-10-50. This section shall not prohibit the Town's enforcement agencies from taking any other action authorized by this Code in lieu of a request for a verified statement pursuant to this section.
E.
Issuance of an affordable accessory apartment permit;
conditions; lease; fees.
(1)
Application. The owner of a single-family dwelling,
where a certificate of occupancy has been issued for an affordable
accessory apartment must apply to the Office of Housing and Community
Development to maintain that affordable accessory apartment. The application
shall be in writing and in a form to be prescribed by the Office of
Housing and Community Development and acknowledged by the applicant
in the form of an affidavit verified under oath. The application must
contain:
(a)
Proof of residency of the owner(s);[5]
[5]
Editor's Note: Former Subsection E(1)(b), Proof of residency
of the tenant(s), which immediately followed this subsection, was
repealed 7-18-2023 by L.L. No. 18-2023. This local law also redesignated
former Subsection E(1)(c) through (h) as Subsection E)(1)(b) through
(g), respectively.
(b)
Photo identification of the owner and tenant(s);
(c)
A copy of the fully completed application to
the Building Department for all necessary building permits;
(d)
A copy of the certificate of occupancy for the
lot;
(e)
A copy of the lease between the owner and the tenant that complies with § 255-11-63F;
(f)
The name, address and contact information of
a person designated by the owner who is responsible for the property
in the absence of the owner;
(g)
Any other information that the Office of Housing
and Community Development deems necessary to facilitate the rental
of an affordable accessory apartment.
(2)
Change in occupancy. Any change in the occupancy
of the affordable accessory apartment must be reported to the Office
of Housing and Community Development within 30 days of such change.
Any changes in occupancy during the term of the lease must comply
with all provisions of this local law.
(3)
Permit fees. The fee for the initial permit
application for an affordable accessory apartment permit shall be
set and amended, from time to time, by resolution of the Town Board,
and if such application is made to legalize an otherwise illegal apartment,
a different fee, also set and amended, from time to time, by resolution
of the Town Board shall apply, which fees shall be nonrefundable and
paid at the time of filing the application, in addition to any other
fees required by the Building Department for a building permit.
[Amended 7-18-2023 by L.L. No. 18-2023]
(4)
Permit renewal.
(a)
Any permit issued under this local law may be renewed for an additional term of one year. A renewal form pursuant to Subsection E(1) herein must be filed for a permit renewal. The filing fee for the renewal of an affordable accessory apartment shall be set and amended, from time to time, by resolution of the Town Board.
[Amended 7-18-2023 by L.L. No. 18-2023]
(b)
All fees for renewal of an existing permit shall be paid within 30 days of the expiration of the existing permit. All fees paid after 30 days of the expiration of the existing permit shall be subject to a late filing fee of $50 in addition to the filing fee in Subsection E(4)(a) herein.
(c)
Failure to renew an affordable accessory permit
results in the presumption that an affordable accessory apartment
is being operated, used, rented, leased and/or maintained by the owner(s)
in violation of law.
[Amended 7-18-2023 by L.L. No. 18-2023]
(5)
Transfer of permits.
(a)
An affordable accessory apartment permit may be transferred to a subsequent property owner by application as in the event of an original application and in accordance with Subsection E(1) herein.
(b)
The application for a transfer of the affordable
accessory apartment must occur within 90 days of the closing of title.
Such transfer of the permit will not take effect until the new owner(s)
submits a complete application and such application is approved by
the Office of Housing and Community Development. In the event an application
for a transfer of an accessory permit has not been filed by the new
owner(s) in violation of this article, there shall be a presumption
that an affordable accessory apartment is being operated, used, rented,
leased and/or maintained by the new owner(s) in violation of law.
[Amended 7-18-2023 by L.L. No. 18-2023]
(6)
Term of permit. All permits issued hereunder
shall be valid for a period of one year unless:
(a)
A court of competent jurisdiction finds that
the owners or tenants of the dwelling unit(s) located within the residence
building are guilty of a violation of any provision of this local
law;
(b)
The permit is terminated by operation of law
or order of the court;
(c)
The permit is voluntarily surrendered by the
property owner. Voluntary surrender of the permit must be done in
writing to both the Building Inspector, the Office of Housing and
Community Development and the East Hampton Town Board; or
F.
Lease. The lease between the owner and the tenant
must be in writing and contain the following provisions:
[Amended 12-1-2016 by L.L. No. 49-2016; 7-18-2023 by L.L. No. 18-2023]
(1)
The tenant consents to an inspection upon reasonable
notice by the Building Inspector, or his/her designee, for the purpose
of determining whether the apartment and all other structures on the
property are in compliance with the Code of the Town of East Hampton,
the New York State Uniform Fire Prevention and Building Code and/or
the rules and regulations of any other agency having jurisdiction.
The failure to schedule an inspection after due notice from the Town
or resisting, obstructing and/or impeding the agents, servants, officers
and/or employees of the Town of East Hampton during an inspection
of the premises is a violation of the East Hampton Town Code and subject
to the fines and penalties provided herein;
(2)
The right of the Building Inspector, or his/her
designee, in the event of an emergency as determined by the Building
Inspector and upon notice to the property owner, to enter upon any
portion of the premises to protect the health, safety and welfare
of residents or perform any duty required of him/her under the Code
of the Town of East Hampton, the New York State Uniform Fire Prevention
and Building Code and/or the rules and regulations of any other agency
having jurisdiction; and
(3)
The rent charged to the tenant is stated in
the lease and is not to exceed the standards set forth in the definition
of "affordable housing unit" contained in the East Hampton Town Code.
G.
Occupancy requirements.
(1)
One or more owners of the lot upon which the affordable accessory
apartment is located shall reside within the principal dwelling, or
in the affordable accessory apartment as permitted herein, as a primary
legal residence. The owner or owners shall have no other primary residence
and must demonstrate legal residency in the Town of East Hampton.
[Amended 5-6-2008 by L.L. No. 9-2008; 12-1-2016 by L.L. No. 49-2016; 7-18-2023 by L.L. No. 18-2023]
(3)
Tenants occupying an affordable accessory apartment permitted for occupancy on less than a year-round basis per § 255-11-63A(8) must demonstrate ongoing employment in the Town of East Hampton at the time the lease is signed and maintain employment in East Hampton Town throughout the lease period to remain eligible for occupancy of the affordable accessory apartment.
[Amended 7-18-2023 by L.L. No. 18-2023]
H.
Design requirements.
[Amended 12-1-2016 by L.L. No. 49-2016; 7-18-2023 by L.L. No. 18-2023]
(1)
A detached affordable accessory apartment shall
be a minimum of 300 square feet and a maximum of 600 square feet.
An attached affordable accessory apartment shall be a minimum of 300
square feet and a maximum of 50% of the gross floor area of the principal
dwelling unit not to exceed 1,200 square feet.
(2)
The affordable accessory apartment shall not
contain more than one two conventional bedrooms, and such design shall
be in compliance with the New York State Uniform Fire Prevention and
Building Code and/or the rules and regulations of any other agency
having jurisdiction.
(3)
At least two off-street parking spaces shall be provided for
in a driveway on the lot for the affordable accessory apartment in
addition to that parking already utilized by the property owner. The
parking of vehicles of the owner and the tenant on the street or on
any property other than the lot on which the affordable accessory
apartment is located or parking overnight of more than four vehicles
on said lot shall be prohibited.
(4)
For affordable accessory apartments in single-family residences,
all exterior entrance doors shall be located at the sides or rear
of the dwelling. No exterior changes shall be made so as to alter
the single-family appearance of the dwelling.
(5)
Any detached structure with an affordable accessory apartment shall meet principal structure setbacks as set forth in § 255-11-10 herein, except for in the front yard, where a detached structure with an affordable accessory apartment shall meet the accessory building setbacks. For a waterfront lot, the accessory front yard setback shall be applied for the yard fronting on the street.
[Amended 3-6-1992 by L.L.
No. 4-1992; 1-8-1999 by L.L. No. 2-1999; 8-2-2002 by L.L. No. 23-2002; 3-17-2006 by L.L. No. 7-2006; 7-7-2011 by L.L. No. 12-2011; 5-15-2014 by L.L. No. 9-2014; 6-4-2015 by L.L. No.
20-2015]
No person, including the owner, shall use or permit to be used
any single-family residence for any of the following:
A.
Two-family residence: creation, use or maintenance of a two-family residence, as defined herein, except as may be authorized in certain cases by special permit pursuant to the Use Table and Article V.
B.
Multifamily occupancy: occupancy at any time by more than one family, except as permitted by § 255-11-62C(3) and (4) hereof.
C.
Partial occupancy or rental: rentals to, or use or occupancy by, any person or persons of less than the entire residence, except as permitted in § 255-11-62C(3) and (4) hereof.
D.
Excessive turnover: except in the case of the rental of guest rooms pursuant to § 255-11-62C(3) hereof, rentals, tenancies or occupancies constituting motel use as defined in § 255-1-20 ("motel") hereof.
E.
Shares: the selling of shares or the establishing of other ownership,
tenancy or use arrangements in which individuals obtain rights of
occupancy in individual bedrooms, whether or not specifically identified,
or rights to occupy all or part of the residence on particular days
of the week, specified weekends or other similar occasions or terms.
F.
Fractionalized ownership interests: the creation of cooperative-style
ownership, less-than-fee-simple ownership or other similar arrangements
resulting in proprietary tenancies for one or more persons in the
residence, the establishment of interval or time-sharing ownership
for any person in all or any part of the residence, or the like. However,
this subsection shall not be deemed to preclude the creation of mortgages,
liens, easements or other similar interests encumbering the residential
property as a whole to secure a loan or for any other legitimate purposes.
G.
Parking: when in use pursuant to § 255-11-62D hereof, parking of vehicles of occupants and their visitors on the street or on any property other than the lot on which the residence is located or parking overnight of more than four vehicles on said lot shall be prohibited.
H.
Overcrowding: occupancy of any bedroom by more occupants than permitted by the minimum area requirements set forth in § 255-11-67A(9). This occupancy limitation applies to all bedrooms in single-family residences, including guest rooms in single-family residences as provided in § 255-11-62C(3), immediately upon the effective date of this subsection regardless of whether such residences were constructed before the effective date of this subsection and regardless of the number of occupants before said effective date.
I.
Other: establishment or carrying on of any new business, trade, commercial
operation or other nonresidential activity or use, which activity
or use is not specifically authorized by this Code. For the purposes
of this subsection, hosting or granting of permission to host for
a fee (whether termed rental or otherwise) of more than one social
event or reception per calendar year at any single-family residence
located within the boundaries of the Town of East Hampton shall be
deemed to be a nonresidential activity or use. This section shall
not be deemed to prevent:
(1)
The parking on a residential lot of commercially registered
(including livery) cars or light trucks if the same are used by an
occupant of the residence on the lot on which the vehicle is parked,
with the exception of vehicles designed for or utilized for the storage
and/or transportation of fuel products (gasoline, oil, propane, kerosene
products or any other similar combustible compound) or other combustible
compounds, which shall not be parked on any residential lot. This
provision shall not be deemed to prevent the temporary parking of
such a vehicle on a residential lot, provided that said vehicle is
actively engaged in the delivery of product to the premises on the
residential lot on which it is parked.
(2)
The outdoor storage on a residential lot of up to two boats or any number of such boats used in connection with a home occupation as defined in Article I.
(3)
Any home occupation or home office use, as the same are defined
and permitted herein.
J.
Penalties. Any person found guilty of a violation of any provision
of this section shall be punishable by a fine of not less than $500
nor more than $2,500 or by imprisonment not to exceed six months,
or both. For a second offense in less than two years, any person found
guilty of a violation of any provision of this section shall be punishable
by a fine of not less than $1,500 nor more than $5,000 or by imprisonment
not to exceed six months, or both. For a third offense in less than
five years, any person found guilty of a violation of any provision
of this section shall be punishable by a fine of not less than $2,500
nor more than $10,000 or by imprisonment not to exceed six months,
or both.
A.
Responsibility. Subleasing of a residence or part
thereof by any person other than the owner shall make such sublessor
jointly responsible with the owner and tenant for compliance with
this section and with all other applicable provisions of this Code,
including, but not limited to, regulations concerning allowable light
and noise, but subleasing or any other tenancy or occupancy arrangement
shall not be deemed in any way to relieve the owner of the residence
from continuing primary responsibility for such compliance.
B.
Presumption of existence of prohibited use. Where the owner, the owner's family, its agent or any other person having control over the occupancy or use of a single-family residence does place, or cause to be placed or broadcast, an announcement in any printed or electronic medium advertising that shares in such residence are available for purchase, or that daily or weekly rentals are available or that any other use identified as prohibited in § 255-11-64 hereof is available or exists in the residence, there shall arise a rebuttable presumption that the activities, conditions or uses advertised exist and are being maintained in such residence.
[Amended 7-18-2002 by L.L. No. 21-2002]
[Amended 6-14-2001 by L.L. No. 11-2001; 8-2-2002 by L.L. No. 23-2002; 3-17-2006 by L.L. No. 7-2006; 5-4-2007 by L.L. No.
18-2007]
A.
Design requirements. In addition to the use rules
for single-family residences contained in the preceding sections,
every such residence constructed, reconstructed or substantially expanded
after the effective date of this section (or the effective date of
any amendment of this section with respect to the application of such
amendment) shall comply with the following design requirements:
(1)
The interior and exterior of the residence shall be designed for use by a single family, and, except in cases where an accessory apartment is created pursuant to § 255-11-63 or/and Article V hereof, there shall be no facilities providing for the independent occupancy of a second family. A violation of the provisions of this subsection shall be punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment not to exceed six months, or both.
(2)
There shall be no more than one area designed or used for food preparation, whether or not the same is a separate kitchen. Additional facilities, including, but not limited to, second kitchens, groupings of plug-in appliances or other areas suitable or likely to be employed for cooking and preparation of meals shall be prohibited. The interior and exterior of the residence shall be designed for use by a single family, and, except in cases where an affordable accessory apartment is created pursuant to § 255-11-63, there shall be no facilities providing for the independent occupancy of a second family. A violation of the provisions of this subsection shall be punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment not to exceed six months, or both.
(3)
There shall be at least one common entrance on the ground floor, through which every room, other than a utility room, shall be readily accessible by passage through the interior of the residence. This subsection shall not apply to an affordable accessory apartment approved pursuant to § 255-11-63 of this chapter.
(4)
There shall be no more than one conventional bedroom for every 300 square feet of habitable floor area, except that two bedrooms shall always be permitted, and no bedroom shall be located in any garage or cellar. The interior and exterior of the residence shall be designed for use by a single family, and, except in cases where an accessory apartment is created pursuant to § 255-11-63 or Article V hereof, there shall be no facilities providing for the independent occupancy of a second family. A violation of the provisions of this subsection shall be punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment not to exceed six months, or both.
(5)
There shall be at least one room which is not designed as a conventional bedroom, kitchen, bathroom, foyer, storage area or closet. The interior and exterior of the residence shall be designed for use by a single family, and, except in cases where an affordable accessory apartment is created pursuant to § 255-11-63 hereof, there shall be no facilities providing for the independent occupancy of a second family. A violation of the provisions of this subsection shall be punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment not to exceed six months, or both.
(6)
No accessory structure having living quarters shall be permitted, except an approved affordable accessory apartment created pursuant to § 255-11-63. An accessory structure (other than an affordable accessory apartment or a pool house of no more than 200 square feet in gross floor area) which includes kitchen facilities of any type described in Subsection A(2) or which contains a bathroom, shower or plumbing facilities (with the exception of an approved artist's studio having only a sink) shall be deemed to be in violation of this section. The interior and exterior of the residence shall be designed for use by a single family, and, except in cases where an affordable accessory apartment is created pursuant to § 255-11-63 and Article V hereof, there shall be no facilities providing for the independent occupancy of a second family. A violation of the provisions of this subsection shall be punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment not to exceed six months, or both.
[Amended 12-1-2016 by L.L. No. 49-2016]
(7)
There shall be no more than one electric meter
servicing the residence except during the period of existence in the
residence of an approved affordable accessory apartment or of a home
office or home occupation requiring a second such meter.
(8)
The width of an enclosed hallway, breezeway or other design
that functionally separates living space in a single-family dwelling
must be equal to or greater than 1/2 its length.
[Amended 10-19-2015 by L.L. No. 35-2015]
(9)
Area for sleeping purposes. Every bedroom occupied
by one person shall contain at least 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more
than one person shall contain at least 50 square feet (4.6 m2) of floor area for each occupancy thereof. Bedrooms
having a sloped ceiling over all or part of the room shall have a
clear ceiling height of at least seven feet over not less than 1/2
of the required minimum floor area and only those portions of the
floor area with a clear ceiling height of five feet or more shall
be included in calculating the floor area of such bedroom. A violation
of the provisions of this subsection shall be punishable by a fine
of not less than $500 nor more than $1,000 or by imprisonment not
to exceed six months, or both.
(10)
The gross floor area of a single-family residence may not exceed 10% of the lot area plus 1,600 square feet. See § 255-11-10, III Residence Districts - Table of Residential Regulations, Parts I and II. Lots created pursuant to Chapter 193, Open Space Preservation, are not subject to the foregoing provisions upon submission of sufficient proof verifying that the lot was created pursuant to Chapter 193 but must meet the requirements of § 255-11-10, Table III (building coverage). Notwithstanding any prior provision to the contrary, no single-family residence may exceed 20,000 square feet. For lots with more than one single-family residence, the maximum gross floor area shall apply to the aggregate of all single-family residences on the lot.
[Added 7-8-2008 by L.L. No. 12-2008;
amended 1-5-2017 by L.L. No. 3-2017[1]; 8-17-2017 by L.L.
No. 31-2017]
[1]
Editor’s Note: This local law also provided for temporary
exemptions as follows:
“Notwithstanding any other provision of this Local Law,
parcels of land that have met one of the following requirements by
December 15, 2016 shall be exempt from meeting the provisions of this
local law:
1) An application submitted to the Building Department for
a Building Permit requiring no other Town Approvals.
2) A valid building permit.
3) An application involving a single family residence submitted
to the Zoning Board of Appeals, Planning Board or Architectural Review
Board.
4) An approval from the Zoning Board of Appeals, Planning
Board or Architectural Review Board.”
Notwithstanding any other provision of this chapter, no later than six months after the effective date of this section, any existing use of or in a single-family residence, which use is identified as a prohibited use in § 255-11-64A through G hereof, shall be discontinued and terminated, and such use shall not thereafter be further continued or resumed.
The following sections contain dimensional regulations not contained in the Dimensional Table of § 255-11-10.
[Amended 12-17-2020 by L.L. No. 10-2020]
In order to avoid undue crowding and the loss of open space, vegetated areas, rural community character and privacy, the Dimensional Table of § 255-11-10 establishes required setbacks for all buildings and structures on lots. However, no provision of this chapter shall be construed to prohibit in required yard (setback) areas of any lot such paved driveways or walkways as may be necessary to connect on-site parking areas, garages or building entrances to the street. Further, no such provision shall be deemed to prohibit the location in required yards of otherwise lawful berms, fences, gates, pillars, walls, signs, landscaping, plantings, turf or sod or to prohibit the otherwise lawful parking or storage of cars and boats in required yards.
A.
Determination of height. The height of any point on
a building or structure shall be the vertical distance from such point
to the natural ground elevation directly beneath the point whose height
is being measured. The height of a building or structure shall be
the height of the highest point thereof.
C.
Gabled roof. Where such Dimensional Table lists a
height for a gabled roof greater than the figure listed as the otherwise
permitted maximum height of the building, the peak of such gabled
roof may have a height up to, but no greater than, the higher figure
listed. 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.
D.
Pyramid law.[1] Except on lots in any Central Business District, all buildings and structures on any lot in any district must be set back from all property lines so that the height of any point of the building or structure is not greater than the horizontal distance of the point from an imaginary vertical line (the "measurement line") drawn upwards from the nearest property line to the building at that location. The height of each point shall be measured from the elevation of the natural grade at the measurement line. Notwithstanding any language in this subsection, the maximum height limitation for a building or structure in § 255-11-10 hereof shall not be exceeded at any point unless the structure is one exempted from such maximum height limit by Subsection E hereof.
[Amended 6-14-2001 by L.L. No. 11-2001]
[1]
Editor's Note: See illustration for § 255-11-72D, Typical Elevation View Showing Control of Height of Building included as an attachment to this chapter.
E.
Exceptions.
[Amended 8-16-1985 by L.L. No. 8-1985, 7-1-1988 by L.L. No.
4-1988]
(1)
The height limitations for buildings and structures listed in the Dimensional Table of § 255-11-10 shall not be deemed to apply to a wind energy conversion structure approved by the Town Board pursuant to Chapter 249 of this Code nor to church spires, chimneys, flagpoles, radio or television transmission towers and antennas, telephone poles, radio and television aerials or their supports; provided, however, that in residential districts any such structure, with the exception of chimneys, shall be set back from any property line in relation to its height so as to comply with Subsection D hereof. A chimney, as the same is defined herein, may be greater in height than its setback from any property line; provided, however, that the portion of the chimney which so exceeds in height the distance between the base of the chimney and the property line shall not have dimensions greater than 30 inches in depth and 60 inches in width.
[Amended 11-16-1990 by L.L. No. 17-1990]
(2)
Notwithstanding any other provision in this
chapter to the contrary, for residences lawfully existing on January
1, 1985, and having a height in excess of the height limits specified
in the Dimensional Table for nongabled roofs, the height limit for
any addition or improvement made thereto shall be a height equal to
the highest point of the roof of such building at that date; provided,
however, that in no case shall the applicable gabled roof height shown
in the Dimensional Table be exceeded.
(3)
A residential building or structure with a gabled
roof having a maximum height at the peak of up to 35 feet may be permitted
by the approval of the Architectural Review Board only if:
(b)
The building lot or parcel upon which the proposed
residence is to be constructed has a minimum lot area of 60,000 square
feet.
(c)
The horizontal setback from all property lines called for in Subsection D hereof (Pyramid law) is doubled so that the height of any point of the building or structure is not greater than 1/2 the horizontal distance measured from that point to an imaginary vertical line drawn upwards from the property line closest to the building at that location.
(d)
The owner covenants that the parcel upon which the building or structure utilizing the greater height allowance of this subsection is built will not be the subject of any future subdivision or lot line modification which would defeat the lot area or setback requirements of Subsection E(3)(b) and (c) above.
(4)
The height limitations listed in the Dimensional Table of § 255-11-10 shall not be deemed to apply to the installation of solar panels provided they are installed in compliance with the requirements of Chapter 102, “Building Construction,” Article III, “Solar Installations,” § 102-30, “Fast-track permits.” Notwithstanding the foregoing, for installations on flat roofs, the provisions of § 102-30A(3) shall not apply to such installation, provided the other provisions of § 102-30, “Fast-track permits,” are complied with. Installations on flat-roofed structures may extend beyond the applicable height limits for the structure, provided that the maximum height of installed panels shall not exceed 10 inches beyond the roof surface, if such additional height is required for panel installation. In no instance shall the height of the panels violate the provisions of Subsection D of this section (§ 255-11-72D, Pyramid law).
[Added 11-18-2021 by L.L. No. 22-2021]
A.
Scenic or conservation easements. Where the erection
of structures is forbidden on any part of any lot by a recorded scenic
or conservation easement running in favor of the Town, all buildings
and structures, except for fences, gates, pillars and walls shall
be set back at least 10 feet from the boundary of any such scenic
or conservation easement area.
[Amended 11-15-1996 by L.L. No. 19-1996; 12-17-2020 by L.L. No. 10-2020]
B.
Height restrictions on corner lots. In order to preserve
sight lines for traffic, on corner lots in residential use districts
all hedges and other plantings, as well as berms, fences, gates, pillars
and walls and other structures, shall be kept below a height of 2 1/2
feet above the average street level within an isosceles triangle having
thirty-foot sides along each street frontage.
[Amended 11-15-1996 by L.L. No. 19-1996; 12-17-2020 by L.L. No. 10-2020]
C.
Rear lots on streets. When a rear lot line is also
a street right-of-way line, the required rear yard setback for an
accessory building or structure shall be double the required rear
yard setback in the applicable district.
D.
Setback in Central Business Districts.
[Added 7-16-2015 by L.L.
No. 26-2015]
(1)
As part of a site plan application, pursuant to Article VI herein, the Planning Board may require new or reconstructed buildings located in the Central Business District to have a setback of up to 20 feet where the Board finds any of the following:
(a)
The location of adjoining and nearby buildings is set back farther
than 10 feet from the front yard property line.
(b)
A larger setback is consistent with the existing streetscape.
(c)
A ten-foot front yard setback would allow the building to appear
massive as to overwhelm or stand out from the existing streetscape.
(2)
A 3D photo simulation of the proposed building with the adjoining properties may be required, at the discretion of the Planning Board, to be submitted with an applicant's site plan application to assist the Planning Board in the analysis required pursuant to § 255-11-74D(1) herein.
[Amended 5-7-1993 by L.L. No. 10-1993; 11-15-1996 by L.L. No.
19-1996]
The minimum frontage of any lot on a public
street and the minimum access width of any lot shall be 20 feet. If
frontage is provided by means of a flag strip, access width shall
be measured perpendicular to the sides of the flag strip. Notwithstanding
this requirement, the Planning Board may approve the creation of a
new lot not having such frontage, by subdivision waiver or by open
space subdivision after the effective date hereof, if the new lot
will have access to a public street by means of a common driveway
easement or access easement which is 20 feet or more in width at all
points and which easement is the subject of a duly recorded legal
instrument which cannot be revoked or terminated without Planning
Board approval. To the extent that § 280-a of the New York
Town Law requires that a lot directly abut a street and have a minimum
frontage of 15 feet thereon, § 280-a is superseded in order
to allow access by easement as just described, pursuant to the Town's
powers under Article 9, § 2(b)(3) of the New York State
Constitution; § 10, Subdivision 6 of the Statute of Local
Governments; and § 10, Subdivision 1(ii)a(3), (11) and (14),
of the Municipal Home Rule Law.
The following sections contain use regulations not contained in the Use Table of § 255-11-10 or elsewhere in this chapter.
[Amended 11-20-2018 by L.L. No. 18-2018]
A.
Area of certain uses limited. A resort, transient motel, semipublic facility or club may have an accessory use for incidental service such as restaurants, bars, retail shops, etc. The total aggregate area devoted to such accessory use, whether indoor, outdoor or a combination thereof, unless otherwise further limited by this chapter, shall not exceed an area equal to 1/3 of the aggregate floor area of any such resort, transient motel, semipublic facility or club. Gasoline sales and motor vehicle repair are prohibited as an accessory use. The provisions of this section shall be further subject to the requirements for a special permit pursuant to Article VI, "Special Permit Uses," of this chapter for any accessory restaurant or accessory bar or tavern use, and/or the requirements for site plan approval pursuant to Article VI, "Site Plan Review," of the Town Code for any proposed retail or similar use.
B.
Notwithstanding the provisions of Subsection A hereof, the use of a portion of any resort, transient motel, semipublic facility or club, not to exceed 100 square feet, for the sale of amenities for the convenience of guests, or signature or logo items for the business (i.e., t-shirts, hats, and similar items), shall be permitted without need for site plan approval, provided a building permit is obtained for the same.
A.
Mezzanines prohibited in certain buildings. Because
of the extreme danger posed to occupants in case of fire, the construction
or creation of mezzanines, balconies, storage lofts and other similar
areas located between the ceiling of the second story of a building
and the roof thereof shall be prohibited after the effective date
of this section in all multiple residences, resorts and transient
motels. Where such features already exist, they shall not be further
occupied or used as habitable or living space after December 31, 1984,
and furnishings and other amenities or facilities currently located
in such areas which allow their use as living quarters shall be removed
therefrom. Thereafter, such areas shall be used only for storage.
The Fire Prevention Inspector shall have authority to enforce this
section.
B.
(Reserved)
A.
Parking prohibited in or under certain buildings.
No parking of vehicles shall be permitted in or under any multiple
residence, resort or transient motel except with the express written
approval of the Town Fire Prevention Inspector, as well as site plan
approval for such parking from the Planning Board. The Fire Prevention
Inspector shall have authority to enforce this section.
B.
(Reserved)
[Amended 9-17-1993 by L.L. No. 28-1993]
Principal use. Agriculture shall be considered
a principal use on any lot on which it is conducted.
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.
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:
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.
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.
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.
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.
Restrictions on agricultural use:
[Added 11-15-1996 by L.L. No. 19-1996; amended 11-7-2019 by L.L. No. 34-2019]
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.
Over-winter cover crop required. For agricultural activities
conducted on property that is not in a certified Agricultural District
pursuant to NYS Agriculture and Markets Law Article 25-AA, soil must
be reasonably protected from wind erosion (between December 1 and
March 1 of any given year). Planting and maintaining over-winter cover
crops, and/or leaving harvested crop in place, and/or application
of straw, hay or other covering, and/or application of a certified
nontoxic tackifier, and/or employment of erosion-preventing tilling
methods shall be deemed a proper manner to protect soil from wind-driven
erosion.
Penalties. Any person found guilty of a violation of any provision
of this section shall be punishable by a fine of not more than $1,500.
The provisions set forth herein shall not modify or overrule the requirements of the provisions of Chapter 134, Farms and Farming.
[Amended 3-16-1990 by L.L. No.
3-1990; 10-6-2006 by L.L. No. 25-2006; 8-1-2019 by L.L. No. 29-2019]
An artist's studio, as defined in § 255-1-20, shall not contain more than one story, but may be situated above a garage or other conforming accessory structure, and shall not have a gross floor area greater than that of a legally permitted accessory structure, except, based upon a finding by the Planning Board that an artist's studio exceeding such limitation is justified for the scope or size of the work engaged in by the artist, and is otherwise compatible with the residential neighborhood in which it is located, in which case, no such artist's studio shall in any case exceed the lesser of:
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. Any such sinks shall be connected to an approved sanitary system,
leaching field or catch basin.
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 Planning Board shall have:
Reviewed and approved an application filed by the property owner which the Town Planning Board has determined meets the criteria for an Artist's Studio, and, if such studio is proposed in excess of the applicable accessory structure size limitations contained in the Town Zoning Code, the applicant's art form and property constraints combine to make it difficult or impractical to construct studio space that is attached to the principal building or to construct an accessory structure that complies with the Town Zoning Code, in which case the Planning Board may allow a square footage in excess of that for an accessory structure; however, in no event shall such Artist's Studio exceed the limitations set forth in this § 255-11-88, "Artist's Studio". Attention is also called to the definition of "Fine Arts" set forth in § 255-1-20, "Definitions," of the Town Code. The following information must be included with the application, with no single element serving as a deciding factor:
A description of the applicant's art form;
Copy of most recent certificate of occupancy for the premises;
Survey and building plans referenced in the certificate of occupancy;
A professional fine arts résumé pertinent to the
applicant's work which may include educational background, professional
training, public exhibitions, critical reviews, grants and awards;
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;
Three letters of reference attesting to the artistic nature
of the applicant's work; and
A clear and concise explanation as to the applicant's need for
a detached structure exceeding the Town's accessory structure size
limitations, if so proposed.
Accepted a duly executed and recordable instrument, in a form
acceptable to the Planning Board Attorney, establishing covenants
and restrictions as set forth herein.
No building permit shall be issued for an artist's studio until such application has been approved by resolution by the Town Planning 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:
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.
The structure shall not be used at any time for sleeping or
living purposes.
The studio shall be used only for the use approved by the Planning
Board as described in the Planning Board determination and subject
to any and all conditions set forth therein.
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 one year, the
property owner, artist, or a representative thereof, must notify the
East Hampton Town Building Department in writing. At the request of
the artist, the Town Planning Board may permit a studio use to remain
vacant for more than one year 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 promptly
submit an new 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 artist's studio, if oversized or,
if the same should be located in or above an otherwise legally existing
accessory building, such studio and the accessory building in which
it is located shall be reduced to a conforming size and put to a conforming
use, at the sole expense of the property owner within 24 months.
Notwithstanding the limitations set forth above and elsewhere in this § 255-11-88, "Artist's Studio," any Artist's Studio declaration shall be effective only for the period the grantor(s) are in title and provided all other provisions of this § 255-11-88, "Artist's Studio," are met. Any change in beneficial ownership of the premises for which an "Artist's Studio declaration is filed shall require that a new Artist's Studio application and declaration be filed and reviewed by the Town Planning Board, and, upon approval, the same shall be recorded by the new owners, with proof of such recording to be provided to the Town Clerk.
There shall be no commercial exhibits of art open to the public on the property, no commercial classes, or other public events, and no additional parking may be constructed on site to service the studio, except those exhibits that are a part of an approved, organized and advertised tour of artist's studios, or pursuant to an approved art sale special event permit (Chapter 151).
The owner and/or renter of the property hereby consents to an
annual inspection of the artist's 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. If the owner or renter of property does
not consent to an annual inspection, the Building Department or the
Ordinance Enforcement Department may apply to a court of competent
jurisdiction for a search warrant to make an inspection.
The property owner shall, in any lease of the premises, or in
the event of a sale, in any contract of sale for the premises, provide
a copy of the recorded Artist's Studio covenants and restrictions
to the tenant or to the purchaser.
The property owner, in order to verify compliance with the conditions
set forth herein, shall provide the Town Building Inspector annually
with confirmation that the Artist's Studio is in use by the property
owner or, if used by a tenant artist, the name and contact information
of the tenant artist. For the convenience of the property owner or
tenant, this information may be provided on a form available from
the Building Department.
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. This includes, but is
not limited to, the Town of East Hampton's groundwater protection
standards, which shall apply to all artist's studio uses wherever
located in the Town of East Hampton.
Failure to comply with any artist's studio duty, responsibility or restriction may subject the owner or tenant to the penalties contained in Article X of this chapter of the East Hampton Town Code.
In addition to the penalties set forth in this chapter for violation of any provision thereof, upon conviction for a 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's 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's studio through New York State Supreme Court. The Building Inspector must require that the artist's 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's 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]
A bar or tavern established as an accessory use to a resort
or transient motel shall be prohibited in all residential districts.
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.
The accessory bar or tavern use may be operated only if the
principal resort or transient motel use is active and in use.
Said accessory use shall not be construed to include or permit
any form of a nightclub or other form of entertainment establishment.
The limitations and requirements set forth in this section shall
not apply to legally preexisting bar or tavern uses.
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.
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.
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.
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.
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]
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.
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.
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.
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.
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]
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.
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:
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.
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.
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.
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.
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.
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]:
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, and on all residential properties upon which a building permit is issued for construction of a structure that impacts the width and/or height of a driveway, in order to permit entry and in order to accommodate a turning radius by firefighting apparatus and other emergency vehicles, driveways shall have a minimum clearance, in height and width, free of all obstacles and impediments, including but not limited to gates, pillars, fences, walls, gatehouses, gateposts, bridges, arbors, lights and woody vegetation. Such minimal clearance shall be no less than 12 feet in width and no less than 13 feet six inches in height, and all gate openings shall be no closer than 20 feet to the edge of the public or private road surface. Gate key boxes should be placed in a reasonable position to allow access from a vehicle once the vehicle is fully upon the driveway, but in no case closer than 10 feet to the edge of the public or private road surface. 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.
[Amended 12-17-2020 by L.L. No. 10-2020]
No plantings or obstructions shall be placed within any Town
highway right-of-way.
[Added 12-18-1997 by L.L. No. 40-1997]:
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.
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.
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]:
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.
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]:
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.
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.
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.
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.
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.
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]
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]:
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.
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.
Mobile homes within a mobile home community
may not be replaced with any structures other than mobile homes.
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:
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;
The proposed improvement is intended to and
will serve only an individual mobile home and not the community as
a whole;
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
The proposed improvement has been approved by
the mobile home community in writing.
[Added 6-15-2017 by L.L. No. 17-2017; amended 4-21-2022 by L.L. No. 10-2022; 7-7-2022 by L.L. No. 21-2022]
Outdoor dining at restaurants pursuant to site plan review. Outdoor dining may be allowed at a legally existing restaurant by site plan review pursuant to § 255-6-30B. In such case outdoor dining need not be limited to 30% of the approved indoor seating but is limited by the property owner's compliance with any increases in site parking requirements which are necessitated by the additional seating, by total coverage limitations or setback requirements applicable to the outdoor dining area, or by the requirement for approval of the wastewater disposal system by the Suffolk County Department of Health Services. When approval for outdoor dining is allowed pursuant to site plan review, reduction of indoor dining is not necessarily required, but a seating plan for both indoor and outdoor seating must be filed with the Planning Board. Outdoor dining, as a use, is limited to the service of restaurant food and beverages incidental to the service of food.
Outdoor dining at restaurants with Fire Marshal approval. The
Fire Marshal may approve the transfer of up to 30% of a restaurant’s
indoor dining capacity to an outdoor dining area under this Subdivision
(2). The Fire Marshal may only approve outdoor dining for restaurants
that are legally existing. Outdoor dining, as a use, is limited to
the service of restaurant food and beverages incidental to the service
of food. Outdoor dining is allowed by permission of the Fire Marshal
without additional site plan review only if the following conditions
are met:
Outdoor seating is limited to 30% of the approved indoor seating capacity (number of seats), with the indoor seating capacity reduced by the outdoor seating so that the total approved seating remains the seating capacity allowed by the site plan or, if no site plan exists, the seating capacity determined by the Fire Marshal as part of the restaurant’s place of assembly permit pursuant to § 141-9D(19).
A seating plan for both indoor and outdoor seating must be filed
with the Fire Marshal as part of the restaurant’s place of assembly
permit pursuant to § 141- 9D(19), and the Fire Marshal must
approve the location of the outdoor seating as consistent with health
and safety concerns addressed in the Town Code as well as the New
York State Uniform Fire Prevention and Building Code as defined by
New York State Codes, Rules and Regulations Title 19, Section 1219.1.
Outdoor dining at restaurants with Planning Department approval,
as a pilot program (“transfer of outdoor dining area administrative
permit”).
General rules. Restaurants may transfer some or all of their
legally existing indoor dining area to outdoor space, in accordance
with a renewable annual administrative permit issued by the Planning
Department (hereinafter, “Department”) pursuant to this
subdivision. This permit shall be known as the transfer of outdoor
dining area administrative permit. As allowed hereunder, outdoor dining
is limited only to tables and chairs for the service of restaurant
food and beverages incidental to the service of food, and for passageway
between those tables and chairs. Structural improvements shall be
limited to relatively removable improvements such as gravel, flagstone,
or other ground surfacing materials which do not have concrete footings.
Procedure. The Planning Department shall be responsible for
the issuance of a renewable transfer of outdoor dining area administrative
permit upon application made to the Department on the appropriate
form.
The proposed outdoor dining area shall be clearly depicted on
a survey or site plan (based on a survey) such that the boundaries
of the outdoor dining area can be clearly delineated and such that
all other features (e.g., landscaping) are properly and clearly shown
and/or described. Seating plans shall be consistent with approved
occupancy limits, shall indicate required egress, and shall be clearly
marked or labeled as to the circumstances under which such plan will
be utilized.
There shall be no reduction or displacement of off-street parking
required for the existing restaurant use.
Health and safety. The Department shall consult with the Fire
Marshal for confirmation that the applicant’s proposed outdoor
seating area meets Town, county, and state health and safety requirements
as well as the requirements of the New York State Uniform Fire Prevention
and Building Code as defined by New York State Codes, Rules and Regulations
Title 19, Section 1219.1 or any successor regulation.
Lighting. An applicant for a transfer of outdoor dining area administrative permit shall also submit to the Planning Department an application for administrative lighting permit under § 255-1-84 of this chapter. The Department shall review the applicant’s application and lighting plan in order to ensure that they comply with the provisions of § 255-1-80, et seq., of the Town Code. A noncompliant lighting plan shall be grounds for disapproving the requested transfer of dining area permit.
Building permit. A building permit shall be issued prior to
implementation of an approved transfer of indoor restaurant seating
to an outdoor dining area.
Nature of permit. The transfer of outdoor dining area permit
issued pursuant to this subsection shall be deemed an administrative
permit, temporary in nature, in which no permanent or vested rights
accrue to the applicant. This permit must be renewed annually, upon
application for renewal submitted to the Planning Department. For
so long as this permit process is authorized in the Town Code, the
Planning Department shall grant each annual renewal request unless
the applicant has failed to meet one or more conditions of the original
approval or a prior renewal.
Expiration of permit. Upon the expiration of an administrative permit issued pursuant to this subsection, or the cancellation of this permit process by amendment to the Town Code, an applicant can only retain any changes made to its restaurant use hereunder by applying for and obtaining site plan approval from the Planning Board pursuant to Article XI hereof. This pilot program shall expire December 31, 2024, unless extended by the Town Board.
Standards of review. The transfer of indoor dining area at restaurants to on-premises outdoor space is allowed by administrative permit under this Subdivision (3), and without the necessity of site plan review under Article VI hereof, only if the following conditions and requirements are met:
Limitation of use to dining.
Only indoor restaurant dining area, which is that existing space
used for serving food and incidental beverages to seated patrons,
may be transferred to outdoor space pursuant to this subdivision.
No outdoor food preparation is permitted in the outdoor space.
No bar use is permitted in the outdoor space.
No new use may be introduced into the previously utilized indoor
space without site plan approval, although vacated space may be used
to facilitate take-out food service.
No features or conditions of a previously approved site plan, such as required landscaping or designated parking areas, may be removed, changed, or altered to create new outdoor dining space under this subsection. Only conversions of outdoor space to dining use that are not in conflict with an approved site plan for the property or, if a preexisting restaurant use, with the historic preexisting use as determined by the Building Inspector, may be made without site plan approval pursuant to Article VI of this chapter.
Occupancy that may be transferred.
The transfer of indoor restaurant dining area to an outdoor
space pursuant to this subdivision may be seasonal or weather-related.
The combined occupancy of patrons, indoor and outdoor, may not exceed 100% of the preexisting approved indoor seating capacity (number of seats) without site plan review pursuant to Article VI hereof. Approved indoor seating capacity is determined by site plan or, if no site plan exists, by the seating capacity, for indoor dining, and not bar use, as determined by the Fire Marshal.
In the following zoning or zoning overlay districts the maximum
percentage of approved indoor seating capacity that may be transferred
from indoors to outdoors is 100%: Central Business, Waterfront, Recreational
Overlay, Resort, Commercial Industrial and Commercial Service. In
all other zoning or zoning overlay districts, the maximum percentage
of approved indoor seating capacity that may be transferred from indoors
to outdoors is 75%: Neighborhood Business, and Limited Business Overlay.
Notwithstanding the foregoing, restaurants which are preexisting
nonconforming uses in a residential use district are not eligible
for the issuance of a transfer of outdoor dining area administrative
permit hereunder.
Location and configuration of outdoor dining space.
The outdoor dining area utilized under this Subdivision (3)
may be on the same property as is occupied by the legal restaurant
use, or, if the restaurant is permitted or specially permitted in
the zoning district in which it is located, and if the adjoining property
also permits or specially permits a restaurant use, it may be on adjoining
private property owned by a different person (e.g., an adjoining alleyway)
and which private property is situated in a use district where restaurants
are a permitted or specially permitted use, or it may be on property
within an East Hampton Town or New York State road right-of-way. However,
if the outdoor dining space will not be on the applicant’s property,
the applicant must furnish the Department with written permission
from the actual owner of the land on which the transferred outdoor
dining is to be placed. If that land is privately owned, the Department
shall consult with the Town Fire Marshal and must find and determine
that use of adjoining private property for the proposed outdoor dining
will not unreasonably restrict vehicular or pedestrian traffic or
unduly jeopardize the safety and well-being of the proposed occupants
of the space. If the land proposed for outdoor dining is owned by
the Town or State the Planning Department does not have to make any
additional findings. The use of private property or government property
for transferred outdoor dining shall not obviate any limitations or
requirements imposed hereby.
Such space must be configured such that the noise, light, and
other effects generated by the outdoor dining use will be reasonably
screened from adjacent properties. To this end, the Department may
require fencing, landscape screening, and other noise attenuation
measures as a condition of any permit.
Each and every outdoor dining area allowed under this Subdivision
(3) must be compliant with the Americans With Disabilities Act (ADA)
and shall meet ADA requirements for accessibility. The Department
may refer an application hereunder to the Fire Marshal or Building
Inspector in order to ensure it meets ADA standards.
Hours of outdoor use.
Utilization of any outdoor dining space approved under this
Subdivision (3) shall be limited to the hours between 8:00 a.m. and
11:00 p.m. daily.
Music in outdoor dining spaces approved hereunder shall be allowed only with a valid music entertainment permit issued pursuant to Chapter 117 of the Town Code.
All amplified music in outdoor dining spaces approved hereunder shall limited to the hours between 1:00 p.m. and 9:00 p.m. daily, unless part of a catered affair for which a special event permit has been issued pursuant to Chapter 151 of the Town Code.
All music and noise levels must comply with Chapter 185 of the Town Code, which lowers allowable decibel levels between the hours of 7:00 p.m. and 7:00 a.m.
Lighting. Applicants that want or need outdoor lighting in connection with a transfer of outdoor dining area permit shall apply for an administrative 5 lighting permit pursuant to § 255-1-84 hereof. See Subparagraph (3)(b)[4] above. Any lighting granted by way of an administrative permit shall be turned off no later than 12:00 midnight each night.
Heating. The use of outdoor heating devices must be fully compliant
with the New York State Uniform Fire Prevention and Building Code
as defined by New York State Codes, Rules and Regulations Title 19,
Section 1219.1, or any successor regulation. The use of such devices
must be approved by the Fire Marshal, and the placement thereof must
be included on all submitted seating plans that may include heating
device use.
Umbrellas. Umbrellas may be placed over tables in the outdoor
dining area. Any such umbrellas must be shown on the submitted seating
plans for an outdoor dining area.
Tents. Areas approved for outdoor dining under this permit may utilize one or more “temporary tents,” erected for a period of two weeks or less, provided that a permit for any such tents is first obtained from the Fire Marshal in accordance with the provisions of Chapter 141 of the Town Code. Tents to be erected for more than a two-week period require a building permit issued by the Building Inspector and Site Plan approval.
A qualifying take-out food store as defined in § 255-1-20 of this Code shall be permitted seating of up to 16 seats on premises, which may be located inside or outside the premises, or a combination thereof, for their patrons to consume take-out food at their establishment. Such seating shall be located subject to all provisions of the New York State Building and Fire Code and in a manner which does not block pedestrian or vehicular traffic or parking.
A qualifying take-out food store is a property which is deemed
to legally operate as a take-out food store as evidenced by a valid
certificate of occupancy which includes a permitted use of the property
as a take-out food store, or which has otherwise been determined by
the Building Inspector to include such use.
In the event that seating is proposed to be placed, in whole
or part, in an adjoining public right-of-way directly adjacent to
the premises, and such public rights-of- way can accommodate such
seating safely, an administrative permit shall be required, which
shall be issued by the Town Planning Department, subject to the following:
Application and issuance of administrative permit:
Applications for an administrative permit for seating utilizing
a public right-of-way maybe obtained from the Office of the Town Planning
Department The permit application shall require the following information,
and such other information, if requested by the Planning Department,
as may be reasonably required to review the application:
Name of property owner; name of tenant;
Name of business;
Copy of certificate of occupancy;
Copy of most recent survey;
Description and sketch of the outdoor seating area(s) within
the rights-of-way;
A certificate of insurance that evidences a public liability
insurance policy covering the Town as on additional insured in the
minimum amount of $1,000,000 per occurrence, $2,000,000 aggregate
together with an indemnification agreement on the form prescribed
by the Town;
The required permit fee, as established and/or amended by resolution
of the Town Board, if any.
The administrative permit for outdoor seating within a public
right-of-way issued pursuant to this provision shall be valid for
the balance of the calendar year in which it is granted, expiring
December 31 of each year. Permits shall be renewable annually for
the duration of this pilot program. The Planning Department shall
grant each annual renewal request unless the applicant has failed
to meet one or more conditions of the original approval or a prior
renewal. This Pilot Program shall expire December 31, 2024, unless
extended by the Town Board.
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]
A restaurant established as an accessory use to a resort or
transient motel shall be prohibited in all residential districts.
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.
The accessory restaurant use may be operated only if the principal
resort or transient motel use is active and in use.
Said accessory use shall not be construed to include or permit
any form of a nightclub or other form of entertainment establishment.
The limitations and requirements set forth in this section shall
not apply to legally preexisting restaurant uses.
[Added 12-7-2017 by L.L. No. 44-2017]
Special historic landmark properties shall be permitted one
accessory dwelling unit use.
The combined gross floor area for the principal building and the accessory dwelling unit shall not exceed the maximum gross floor area for a single-family residence on the lot pursuant to § 255-11-10.
The accessory dwelling unit shall have a maximum of four bedrooms
and a maximum gross floor area of 40% of the allowable gross floor
area for the property, or 3,500 square feet, whichever is less.
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.
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]
[Added 6-15-2017 by L.L. No. 15-2017; amended 5-8-2018 by L.L. No. 4-2018]
Outdoor seating shall be limited to the premises. No seating
shall be located off-premises, on any sidewalk or walkway, unless
authorized by a Town Board resolution.
A take-out food store shall not be a permitted as a second principal
use on a property with a transient motel or resort use or as an accessory
use to a transient motel or resort. This code section shall not apply
to a transient motel or resort with a restaurant.
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]
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.
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.
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.
There shall be expanded site plan review for
this use:
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.
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.
The size, scale or configuration of a proposed
motel must be found not to:
Create an undue increase in traffic congestion
on adjacent and nearby public streets or highways.
Create, or increase levels of, soil erosion
by water or wind on or near the site.
Create or expand a floodplain area or increase
the danger to public safety by flooding in any such area.
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.
Cause or lead to the pollution of harbors, creeks,
bays or other productive water bodies on or off the site.
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.
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.
There shall be no outdoor public-address or
music system audible beyond the limits of the site.
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.
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.
Coastal structures shall in all cases be permitted
only as accessory uses to the use located on the upland portion of
the same lot.
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]
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]
[Added 3-15-1996 by L.L. No. 2-1996]:
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.
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.
Tours and tastings. Tours and tastings, as defined
herein, shall be considered permitted accessory uses to a winery.
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.
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.
Water Recharge Overlay District. No winery shall
be established within the Water Recharge Overlay District.
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.
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.
[Added 7-7-2016 by L.L.
No. 21-2016]
A.
AUXILIARY LOAD
MULTISPEED PUMP
POOL COVER
SINGLE-SPEED PUMP
TWO-SPEED PUMP
VARIABLE-SPEED PUMP
For the purposes of this section, the following definitions shall
apply:
An additional feature on a pool, typically a water feature
or automatic cleaning system, which is powered by a separate pump
and does not run for the same duration as the main filtration pump.
A pump, whether two-speed or variable, designed for operating
at two or more speeds.
A solar blanket, also known as a "bubble cover," an automatic
cover that utilizes vinyl or similar material, or a winter cover that
is sized to at least cover the entire surface area of a pool.
A pump designed to operate at one speed.
A pump designed for operating at two speeds, typically high
and low.
A pump that is programmable to operate on more than two speeds.
Hours of operation at the various speeds are able to be programmed
directly on the pump and/or through an automatic control system.
B.
No swimming pool shall be constructed until a building permit shall
have been issued therefor. No swimming pool shall be filled with water
until the pool structure shall have been completely enclosed in accordance
with the provisions of this subsection, which fencing shall have been
inspected and approved by the Building Inspector as being in compliance
herewith. Pumps shall be enclosed on all four sides (top may be unenclosed)
in order to prevent noise, sound or vibration caused by the heater
and/or pump from crossing property lines.
C.
Pool fencing. Every swimming pool shall be completely and securely
enclosed with a fence or wall (which may include the wall of a building),
every part of which enclosure meets the requirements of the Uniform
States Fire Prevention and Building Code and in particular satisfies
the following requisites:
(1)
The enclosure shall be no less than four feet in height at any
point;
(2)
It shall be completely covered from its top to within three
inches of the ground with a material having no openings wider than
three inches;
(3)
It shall be of sufficient strength to support a weight of at
least 250 pounds; and
(4)
Any gates with which such enclosure is provided shall satisfy
the foregoing requirements and shall be equipped with spring locks
which open only from the inside of the enclosure and which are capable
of being locked with a padlock or key lock.
D.
Dry wells and discharge of pool water. Every swimming pool shall
be equipped with one or more dry wells into which any water discharged
from the pool is directed. In no case shall water from a swimming
pool be drained, decanted or discharged directly or indirectly into
any wetlands, onto the face of any bluff, or into any street.
E.
Pool setbacks. Every swimming pool, together with any pool decks (including pool patios or slabs of any type) and pool equipment, shall be set back from any side or rear property line a distance which is twice that required by the provisions of § 255-11-10 for an accessory building or structure on the subject lot.
F.
Survey and staking. No swimming pool or pool deck may be constructed and no building permit may be issued for construction of such pool or pool deck, until and unless the location of the pool and pool deck on the lot has been staked by a licensed surveyor and this location has been certified by the surveyor to conform to the locations of these structures shown on the guaranteed survey required by Subsection G hereof. These requirements shall not apply to a portable swimming pool, as defined herein,[1] but shall apply to any deck or patio constructed in connection
with a portable swimming pool.
G.
Guaranteed survey, certification and plans. Prior to the issuance
of a building permit for the construction of a swimming pool or pool
deck, but not a portable swimming pool, the applicant for the permit
shall supply the Building Inspector with:
(1)
A guaranteed survey showing the dimensions of the property and
setting forth the locations of the proposed swimming pool and pool
deck, the dimensions thereof and the distance of the proposed swimming
pool and pool deck from all property boundaries, easements (if any)
and other structures.
(2)
A certification from a licensed surveyor indicating that the
locations of the proposed swimming pool and pool deck have been staked
on the lot in accordance with the proposed locations of these structures
set forth on the guaranteed survey just described.
H.
Energy conservation construction standards.
(1)
All pools constructed or reconstructed after September 1, 2016,
with more than 500 square feet of surface area or an auxiliary pool
load shall be constructed with piping of at least two inches in diameter.
(2)
All pools constructed or reconstructed after September 1, 2016,
with less than or equal to 500 square feet of surface area or an auxiliary
pool load shall be constructed with piping of at least 1 1/2
inches in diameter.
(3)
All pools constructed or reconstructed after September 1, 2016,
shall have a length of pipe without bends or turns that is greater
than or equal to at least four pipe diameters installed before the
inflow to the pump.
(4)
For all pumps installed after September 1, 2016, all multiport
valves must be sized to equal the diameter of the pressure side of
the pump.
(5)
Directional inlets (hydrostream fittings) shall be a size of
1/2 inch in diameter or greater.
I.
Pumps and controls.
(1)
All pumps and controls installed after September 1, 2016, shall
have a time switch or similar control mechanism installed as part
of the pool water circulation control system that automatically operates
the system for the time necessary to maintain proper sanitary conditions
and then automatically turns the system off.
(2)
Shall be set or programmed to run only during off-peak electric
demand periods for regular filtration purposes except where the pumps
are used for circulating water through a heat exchanger or solar heater.
(3)
All pumps installed after September 1, 2016, shall be of the
following type based on pool size:
(a)
For pools with a surface area of less than 500 square feet,
a single-speed or two-speed pump of less than or equal to one horsepower
or variable-speed pump shall be installed. In the event that a pump
is installed on a pool of less than 500 square feet and said pool
has an auxiliary load, the pump installed must be a two-speed or variable
speed pump.
(b)
For pools with a surface area of 500 to 799 square feet, a multispeed
pump shall be installed.
(c)
For pools with a surface area greater than or equal to 800 square
feet, a variable-speed pump shall be installed.
(d)
A single-speed pump of less than one horsepower shall be allowed
to be installed for the sole purpose of operating auxiliary load(s),
provided that the same pump is installed in addition to the properly
sized pump and the single-speed pump shall not be used for filtration.
J.
Filters.
(1)
All pool filters installed after September 1, 2016, shall be
sized using NSF/ANSI 50 standards based on the maximum flow rate through
the filter:
K.
Pool heaters.
(1)
All pool heaters installed after September 1, 2016, shall meet
the minimum energy efficiency requirements as established by the United
States Department of Energy.
(2)
Continuously burning pilot lights shall be prohibited for all
pool heaters installed after September 1, 2016.
(3)
Effective September 1, 2016, all heated outdoor pools shall
have a pool cover that covers the surface of the pool when not in
use.
(4)
The Building Inspector shall waive the building permit fee for
the replacement or installation of a pool heater when the pool heater
being installed is a solar heating system.
L.
Adherence to Property Maintenance Code.
(1)
All swimming pools must be constructed and maintained in accordance
with the appropriate and relevant sections of the New York State Property
Maintenance Code.
M.
Penalties for offenses.
(1)
A violation of any of the provisions of this section shall be
punishable by a fine of not less than $250 nor more than $1,000 or
by imprisonment not to exceed six months, or both.
(2)
Each week, or any portion thereof, shall constitute a separate
and distinct violation which shall be subject to the penalties set
forth in the preceding subsection.
[Added 7-21-2016 by L.L.
No. 32-2016]
Failure to comply with the restrictions, regulations, rules and other provisions of this article shall constitute a violation of this chapter subject to the provisions of Article X hereof.
