[Amended 6-17-1975; 7-3-1979; 10-1-2002 by L.L. No. 29-2002; 6-17-2003 by L.L. No. 6-2003]
A.
Any building, structure or use existing on the effective date of
this chapter, or any amendment thereto, may be continued on the same
lot held in single and separate ownership, although such building,
structure or use does not thereafter conform to the regulations of
the district in which it is located, and may thereafter be expanded
or extended on the same lot by special permit of the Town Board. If
the extent of the change is 10% or less, the public hearing requirement
may be waived by the Town Board. An application seeking to extend
a single-family residence shall be exempt from the requirement of
a special permit.
[Amended 8-5-2008 by L.L. No. 26-2008; 9-16-2015 by L.L. No.
17-2015]
B.
A nonconforming use on the same lot held in single and separate ownership may be changed to another nonconforming use when approved as a special exception by the Zoning Board of Appeals as hereinafter provided in § 105-8 of Chapter 105, Boards, Commissions and Councils. Nothing herein contained shall be construed to permit a residence in a use district where it is not a permitted use.
C.
No nonconforming use may be reestablished where such nonconforming
use has been discontinued for a period of one year.
D.
Nothing in this chapter shall prevent the complete restoration within
one year of a building destroyed by accidental cause such as fire,
flood, explosion, riot, act of God or act of the public enemy, nor
prevent the continuance of the use of such building or part thereof.
Such restored building shall not exceed the dimensions of the building
destroyed.
E.
Alteration or enlargement of nonconforming structures, generally.
A lawfully preexisting nonconforming building or structure or a building
or structure which lawfully exists on a nonconforming lot may be enlarged,
altered, reconstructed or repaired, provided that the degree of nonconformity
is not thereby increased. For the purposes of this subsection, an
increase in the degree of nonconformity shall include any increase
in the amount of a nonconforming building's or structure's gross floor
area which is located within a required setback area, or an increase
in any portion of a building or structure located above the maximum
height permitted. An application seeking to expand or extend a single-family
residence shall be exempt from this subsection, provided that any
extension thereof maintains existing residential use, existing lot
areas, lot setbacks and lot coverage that were required at the time
the residence was issued a certificate of occupancy or letter of preexisting
use.
[Added 4-4-2006 by L.L. No. 15-2006; amended 9-16-2015 by L.L. No.
17-2015]
F.
Any parcel of land which has been used for a camp or for which a
plan for a camp has been filed with the Town Clerk of the Town of
Riverhead at the effective date of this chapter but not any amendment
thereto and which is held in a single ownership by an organization,
such as the Boy Scouts, 4-H Club or other similar recognized civic
or fraternal organization, all or a part of which has been used for
the purposes of a camp, may continue to be used as a camp although
such use does not conform to the regulations of the district in which
it is located.
G.
This chapter shall not apply to any preexisting nonconforming use
that has received a special permit to expand said use from the Town
Board prior to the effective date hereof.[1]
[1]
Editor's Note: Original § 108-51.1 of the 1976 Code,
Handicapped access ramps, added 11-20-1990, as amended, which immediately
followed this section, was repealed 11-5-2008 by L.L. No. 42-2008,
and original § 108-51.2 of the 1976 Code, Setbacks for wood
decks, added 9-15-1992, as amended, was repealed 7-19-2005 by L.L.
No. 36-2005.
[Added 5-18-2022 by L.L. No. 3-2022]
These provisions shall apply to all buildings or structures
and all uses of buildings or structures or lots lawfully existing
prior to the effective date of this chapter or of subsequent amendments,
revisions or reenactments of such chapter, which buildings or structures
or uses do not conform to the provisions of said original zoning law
or to such revisions or reenactments on their effective dates.
A.
A nonconforming building or structure that is devoted to a conforming
use may be enlarged, reconstructed, structurally altered, restored
or repaired, in whole or in part, except that the degree of nonconformity
shall not be increased.
B.
A nonconforming lot separately owned and not adjoining any lot or
land in the same ownership at the effective date of this chapter and
not adjoining any lot or land in the same ownership at any time subsequent
to such date may be used, or a building or structure may be erected
on such lot for use, in accordance with all the other applicable provisions
of this chapter, provided that proof of such separate ownership is
submitted in the form of an abstract of title showing the changes
of title to said lot, which abstract shall be in the usual form, shall
be certified by an attorney or a company regularly doing such work
in Suffolk County or by a corporation duly licensed to examine and
insure title to real property in Suffolk County and shall contain
a certification that no contiguous property was owned by an owner
of the property involved since the date of any previously applicable
zoning law. Such lot shall be granted relief for side and rear yard
dimensions and lot coverage as follows:
(1)
The total dimensions of both side yards for a principal building
shall be computed on the basis of 0.4 of the lot width; however, no
side yard dimension shall be less than 0.4 of the total dimensions
of both side yards computed as aforesaid, and no side yard dimension
shall be less than 10 feet.
(2)
The total rear yard dimension for a principal building shall
be computed on the basis of 0.3 of the lot depth; however, no dimension
for the rear yard of a principal building shall be less than 30 feet.
(3)
In the case of a single and separate lot meeting the requirements of Subsection B of this section for a buildable lot which is located in a minor or major subdivision plat approved by the Planning Board of the Town of Riverhead and filed with the Suffolk County Clerk's Office, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally filed as required by law.
(4)
Lot coverage:
|
Lot Area
|
Maximum Impervious Surface
|
|---|---|
|
0 - 39,999
|
20%
|
|
40,000 - 59,999
|
15%
|
|
60,000 - 79,999
|
15%
|
(5)
Accessory structure setbacks (residential only):
|
Lot Area
|
Side and Rear Yards
(feet)
|
Side/Rear Street Line
(feet)
|
|---|---|---|
|
0 - 39,999
|
10
|
20
|
|
40,000 - 59,000
|
10
|
30
|
|
60,000 and greater
|
10
|
40
|
C.
An existing building or structure designed and used for a conforming
use but located on a nonconforming lot, whether the building is conforming
or nonconforming with respect to lot coverage and minimum yard requirements,
may be enlarged, reconstructed, structurally altered, restored or
repaired, in whole or in part, except that the degree of nonconformity
shall not be increased.
D.
Notwithstanding the provisions of § 301-222.1B, where a legally existing substandard lot comes into the same record ownership as one or more adjacent lots solely by reason of the death of a previous record owner, the owner of said lots in the same record ownership shall have three years from the date of death of the previous owner causing the lots to be in the same ownership to place the lots into single and separate ownership. Failure to place lots in single and separate ownership within said parcel shall result in the merger of substandard lots for zoning purposes.
Nothing herein contained shall require any change in the plans,
construction or designated use of a building if the foundation walls
thereof have been erected prior to the enactment of this chapter,
provided that the construction of such building shall be completed
within one year after the enactment of this chapter. This section
shall apply to buildings otherwise affected by amendments to this
chapter.
Where a zoning use district boundary line divides a lot in single
or joint ownership of record at the time such line is adopted, the
regulations for the less restricted portion of such lot shall extend
not more than 30 feet into the more restricted portion, provided that
the lot has frontage on a street in the less restricted district.
[Amended 10-5-2004 by L.L. No. 31-2004; 10-7-2014 by L.L. No. 14-2014; 6-7-2016 by L.L. No. 18-2016; 11-15-2016 by L.L. No. 36-2016]
A.
Municipal buildings shall be permitted in all districts, provided
that such buildings shall conform to all other provisions of this
chapter for the district in which located.
B.
Public utility buildings and structures shall be permitted in all districts when approved by special permit of the Town Board upon a finding by the Board that adequate buffers exist to minimize impacts upon adjacent parcels and taking into account, among other things, the existing and permitted uses in the surrounding community. Commercial solar energy production systems shall not be permitted in any district except those districts as provided in Article LII of this chapter.
Noncommercial boathouses and structures in or over water may
be erected in any residence district, provided that said boathouse
or structure shall be erected in the yard of the lot contiguous to
and having access to a waterway.
When the tidal lands are not shown as zoned on the Zoning Map,
they shall be considered to be within the use district to which they
are contiguous.
In connection with a business, goods, wares, merchandise, produce,
machinery, cars, trailers, lumber or other materials, including homegrown
or homemade products produced on the premises, may be displayed 15
feet or more from the street line.
[Added 4-15-1997; amended 1-15-2002 by L.L. No. 2-2002]
A.
Yard sales, attic sales, garage sales, auction sales or similar types
of sales of personal property owned by the occupant of the premises
and located thereon are subject to the following requirements:
(1)
No signs, except one on-premises sign and one off-premises directional
sign, not larger than six square feet in size, displayed for a period
of not longer than one week immediately prior to the day of such sale,
shall be permitted.
(2)
The hours, location on the site and methods of operation will
cause no unreasonable disturbance to the neighborhood.
(3)
The premises will be cleared of trash and debris, and all signs
erected will be removed the same day as the sale by sunset.
(4)
Not more than four days of such sales shall be conducted on
any lot within any calendar year.
[Amended 9-21-2010 by L.L. No. 23-2010]
(5)
To accommodate emergency vehicle access, the premises where
the yard sale is to occur must be located on and abut a road that
is at least 33 1/2 feet wide, or otherwise the premises must
provide off-street on-site parking for all patrons.
(6)
The sale of any firearm, rifle or shotgun is prohibited.
[Added 9-16-2008 by L.L. No. 34-2008]
C.
Enforcement; violations and penalties.
No swimming pool shall be constructed, used or maintained in
any district without a permit and except in accordance with the standards
of the New York State Uniform Fire Prevention and Building Code and
the following provisions:
A.
Fencing; exceptions.
(1)
Every outdoor swimming pool shall be completely surrounded by
a fence which shall comply with the following:
(a)
Fences shall be at least four feet in height with a maximum
vertical clearance to grade of two inches.
(b)
The finished side of the fencing shall face away from the pool.
(c)
Where a picket-type fence is provided, horizontal openings between
pickets shall not exceed 2 3/8 inches. Height shall be measured
vertically from the lowest horizontal support to the top of the pickets.
(d)
Where a chain-link fence is provided, the openings between links
shall not exceed 2 3/8 inches.
(e)
Enclosure shall be constructed so as not to provide footholds.
(f)
Pickets and chain-link twists shall extend to above the upper
horizontal bar.
(g)
Such enclosure shall have railings and posts within the enclosure,
which shall be capable of resisting a minimum lateral load of 150
pounds applied midway between posts and at top of posts respectively.
Enclosure, fence material or fabric shall be capable of withstanding
a concentrated lateral load of 50 pounds applied anywhere between
supports on an area 12 inches square, without failure or permanent
deformation.
(h)
A wall or a dwelling is permitted to serve as part of the enclosure
under the following conditions:
B.
In the event that an owner shall abandon an outdoor swimming pool,
he shall so notify the Zoning Officer, and he shall forthwith fill
all voids and depressions with clean fill material consisting of common
earth and/or sand, and restore the premises to the same grade and
condition as before the swimming pool was constructed and shall accordingly
notify the Zoning Officer when said restoration work has been completed.
C.
No current-carrying electrical conductors, except electric wiring
to equipment essential for illumination and necessary operation of
swimming pools, shall cross an outdoor swimming pool either overhead
or underground or be installed within 15 feet of such pool. All metal
enclosures, fences or railings near or adjacent to an outdoor swimming
pool which might become electrically charged as a result of contact
with broken overhead conductors or from any other cause shall be effectively
grounded.
D.
Outdoor and indoor swimming pools are permitted in all residence
districts only as an accessory use to a dwelling for the private use
of the owner or occupants of such premises and his family and guests.
E.
Outdoor and indoor swimming pools are permitted in all other districts
as a main or accessory use.
F.
All proposed swimming pools, with the exception of a pool less than 24 inches deep, which shall be exempt from the requirements of this subsection, that are within jurisdiction of the Conservation Advisory Council shall be equipped with a pump-out and a minimum four-foot-diameter by four-foot-deep dry well for pool discharge. The location of dry wells shall comply with the minimum setbacks from wetlands set forth in Town Code § 295-4. Drainage of swimming pools into wetlands or any water body is prohibited.
A.
Off-street parking spaces shall be provided for the uses specified
in the Parking Schedule at the end of this chapter. Any land which
is developed as a unit under single ownership and control shall be
considered a single lot for the purposes of these parking regulations.
Reasonable and appropriate off-street parking requirements for buildings
and uses which are not set forth below shall be determined by the
Board of Appeals upon application to it, with consideration being
given to all factors, and the Town Board may, in specific cases and
upon application to it, modify these requirements upon a consideration
of all factors entering into the parking requirements for any use.[1]
[1]
Editor's Note: See the Parking Schedule included as an attachment to this chapter.
B.
When any parking area serves two or more uses having different parking
requirements, the parking requirements for each use shall apply as
per the Parking Schedule. Parking facilities for one use shall not
be considered as providing the required parking facilities for any
other use. Where, however, it can be conclusively demonstrated that
one or more of such uses will be generating a demand for parking spaces
primarily during periods when another use or uses has or have a significantly
lower parking demand, the board responsible for review may, upon application,
reduce the total parking spaces required for that use with the least
requirement.[2]
C.
In the event any building or structure shall be hereafter altered
or enlarged, the entire building or structure as altered or enlarged
shall be deemed new construction, and the number of parking spaces
to be provided and maintained for such building or structure as altered
or enlarged shall be determined on such basis.
D.
Private garages, carports or other areas available for parking may
be included in computing the area for parking. A driveway for a one-family
or two-family residence may be counted as one parking space.
E.
Size of parking spaces and aisles for various angles of parking.
[Amended 12-21-1976; 5-17-1977; 10-2-2001 by L.L. No. 14-2001; 9-16-2008 by L.L. No. 35-2008; 8-18-2009 by L.L. No. 42-2009]
(1)
Parking space* and aisle width* shall be provided in accordance
with the following:
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
|---|---|
|
90°
|
24
|
|
60°
|
18
|
|
45°
|
12
|
|
*
|
Parallel parking may be permitted at the discretion of the Board
responsible for review with a twenty-four-foot parking aisle.
|
(2)
All parking spaces shall be 10 feet by 20 feet. The Board responsible
for review shall have discretion to approve nine-foot by twenty-foot
parking spaces, provided they are double striped (See 301 Attachment
1:3[3]), except for handicapped and parallel parking spaces.
[3]
Editor's Note: Said attachment is included as an attachment to this chapter.
(3)
Unobstructed access to and from a street shall be provided.
Where there is two-way traffic, such access shall consist of a minimum
width of 24 feet at the curb cut, whether there is a single lane or
multiple lanes. Where one-way traffic in a single lane is provided,
the minimum width shall be 16 feet at the curb cut. No entrance or
exit shall be located within 75 feet of any street intersection. Entrance
and exit lanes shall be suitably marked.
(4)
Access for emergency vehicles. Emergency vehicle access shall
comply with the New York State Fire Code as contained in the New York
State Building and Fire Prevention Code.
F.
The minimum acceptable pavement improvements required for parking
areas shall be as follows:
[Amended 12-21-1976; 5-17-1977; 7-22-1981; 8-18-2009 by L.L. No. 42-2009]
(1)
For retail businesses, a home occupation or home professional
office with a maximum required number of four parking spaces: a crushed
stone aggregate with a sieve size no greater than 3/4 inch placed
at a rate of 25 pounds per square yard on a compacted four-inch-thick
stone blend base and stabilized subgrade.
(2)
For a business and commercial building with a maximum required
number of 12 parking spaces: a two-inch-thick wearing course, after
compaction, of New York State Department of Transportation Type 6F
top course asphalt mix placed on a compacted four-inch-thick stone
blend or approved equal aggregate base and stabilized subgrade.
(3)
For a business or commercial building with a maximum required
number of parking spaces exceeding 12 spaces: a one-and-one-half-inch-thick
wearing course, after compaction, of New York State Department of
Transportation Type 6F top course asphalt mix placed on one two-and-one-half-inch-thick
binder base course, after compaction, of New York State Department
of Transportation Type 6F top course asphalt mix placed on compacted
four-inch-thick stone blend or approved equal aggregate subbase and
stabilized subgrade.
(4)
For retail businesses accessory to an agricultural use or zoning
districts where pervious parking surface is recommended pursuant to
the supplementary guidelines, or as required as part of the review
or approval process: a crushed stone aggregate with a sieve size no
greater than 3/4 inch placed at a rate of 25 pounds per square yard
on a compacted four-inch-thick stone blend base and stabilized subgrade.
(5)
Alternative pervious paving techniques.
[Amended 7-17-2012 by L.L. No. 13-2012]
(a)
When deemed appropriate by the Town Engineer and Planning Department
consulting engineer and approved by the applicable Board approving
the site plan, the following alternative pervious paving techniques
may also be allowed:
(b)
Since alternative pervious pavement techniques may require maintenance
not required for conventional paving systems, the applicable Board
may require as part of the covenants approving a site plan a maintenance
agreement and periodic inspections.
(6)
For designated handicapped-accessible parking spaces, access aisles and pathways: the surface improvement must conform to the design requirements and standard specifications of the Americans With Disabilities Act, while the balance of the parking improvement (subsurface layers) must comply with the minimum requirements as noted in Subsection F(1) through (5) of this section.
[Amended 7-17-2012 by L.L. No. 13-2012]
G.
Curbing shall be constructed, where required, in accordance with
the Town of Riverhead Road and Drainage Standard. These requirements
may be altered at the discretion of the Board responsible for review.
[Added 8-18-2009 by L.L. No. 42-2009[4]]
H.
Required parking spaces shall be provided upon the same premises
to which they serve or elsewhere, provided that all spaces are located
within 200 feet walking distance of the premises served. In all cases,
such parking spaces shall conform to all regulations of the district
in which they are located. Parking spaces shall not be located in
any residence district unless the use to which the spaces are accessory
is permitted in such residence district.
I.
Land provided by the Town of Riverhead for off-street parking shall
not be used in determining the parking areas required by this chapter.
However, where a public parking district has been created, the owner
of property within such district need not provide off-street parking
areas required by this chapter.
J.
Self-contained drainage.
[Added 12-21-1976; amended 7-22-1981; 8-18-2009 by L.L. No. 42-2009]
(1)
All parking areas shall be improved with drainage facilities
for the purposes of containing and managing stormwater runoff on site.
The minimum design standard for sites less than five acres shall be
211 cubic feet of capacity for every 1,250 square feet of impervious
parking surface area. The applicable board and/or department shall
approve such drainage facilities and improvements. For parking areas
in excess of five acres, a positive drainage area or recharge basin
shall be provided. The stormwater capacity of the recharge area will
be based on the following formula:
|
V = A x 0.66 x C
|
|
Where:
| ||||
|
V
|
=
|
Volume of recharge basin in cubic feet
| ||
|
A
|
=
|
Area of site in square feet
| ||
|
C
|
=
|
Coefficient of runoff as follows:
| ||
|
Roofs and pavements: 100%
| ||||
|
Landscaped areas: 10%
| ||||
|
Other areas: 40%
| ||||
(2)
Where stormwater runoff from parking areas would be naturally
contained on site or other extenuating conditions prevail, these requirements
may be altered at the discretion of the applicable board and/or department.
K.
No more than two commercial vehicles may be allowed to park per residence
in a residential zoning district. If more than two vehicles are located
in such residential zoning district, the occupier of the residence
shall be presumed to be in violation of this chapter.
[Added 12-21-1976; amended 8-18-2009 by L.L. No. 42-2009]
L.
In the event that an applicant can demonstrate that the off-street
parking required is in excess of the parking demand generated by the
use or building proposed, the number of improved parking spaces may
be reduced by the Board responsible for review and approval upon a
finding that any proposed modification shall be sufficient to serve
the demand. In all cases, at least 2/3 of the number of required parking
spaces shall be provided. In such an event, the site plan shall show
both the reduced number of parking spaces to be improved and the additional
parking spaces meeting the total requirement of parking spaces established
by this chapter, reserved in a configuration that could be improved
and used in the future. The area reserved for future parking needs
shall either be landscaped or kept as existing vegetation at the discretion
of the Board responsible for review. When this subsection is utilized,
the applicant shall submit a properly executed instrument in a form
approved by the Town Attorney, specifying that all parking spaces
required by the Parking Schedule shall be improved upon subsequent
findings by the appropriate Board that such improvement is needed
and the approved document shall be filed in the office of the Suffolk
County Clerk.
[Added 3-21-1989; amended 8-18-2009 by L.L. No. 42-2009]
M.
Handicapped-accessible parking spaces.
[Added 4-7-1998; amended 8-18-2009 by L.L. No. 42-2009]
(1)
Handicapped-accessible parking spaces shall be provided in a
number as required by the following schedule. Further, handicapped
accessible spaces shall be located in close proximity to building
entrances and such other areas required by site plan approval.
|
Total Parking Spaces Required
|
Handicapped-Accessible Parking Spaces Required1, 2, 3
|
|---|---|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 or greater
|
2% of total parking spaces required
|
|
NOTES:
| |
|---|---|
|
1
|
For a retail sales facility having at least 20 but not more
than 500 off-street parking spaces, handicapped-accessible spaces
shall be provided at a minimum of 5% of the total number of spaces,
or 10 spaces, whichever is less.
|
|
2
|
For an outpatient medical facility, a minimum of 10% of the
total number of parking spaces shall be handicapped accessible.
|
|
3
|
For a facility which specializes in treatment or services for
persons with mobility impairments, a minimum of 20% of the total number
of parking spaces shall be handicapped accessible.
|
(2)
Handicapped-accessible parking spaces shall be 10 feet by 20
feet and shall be provided with striped handicapped access aisles
of eight feet in width. Handicapped aisles may be shared by two adjacent
handicapped parking spaces.
(3)
Handicapped-accessible parking spaces shall be designated with
a permanently installed above-grade sign which displays the international
symbol of accessibility and which shall be positioned from the parking
space surface at a height of five feet to its lowest point, as measured
from the pavement surface. In an instance where the sign pole is not
protected by a wheel stop or curb, such a sign pole must be installed
within a six-inch-diameter pipe filled with cement.
(4)
The international symbol of accessibility shall be displayed
on the parking surface of each handicapped-accessible space.
(5)
All buildings, structures and facilities constructed and all sites developed prior to the adoption of these provisions related to handicapped-accessible parking shall comply with Subsection M(1) through (5) of this section within 12 months from the date of adoption. Failure to so comply shall result in the revocation of the applicable certificate of occupancy.
A.
Off-street loading berths shall be provided for industrial, warehouse
or hospital uses with an aggregate square footage of 10,000 square
feet or more and for all buildings or structures having a floor area
of 15,000 square feet or more and used for business, industrial or
hospital purposes as follows:
[Amended 6-16-1987]
|
Floor Area
(square feet)
|
Number of Berths
|
|---|---|
|
15,000 to 25,000
|
1
|
|
25,001 to 40,000
|
2
|
|
40,001 to 100,000
|
3
|
|
Each additional 60,000
|
1 additional
|
B.
Each required loading berth shall be at least 12 feet long and 14
feet wide and in no event smaller than required to accommodate the
vehicles normally using such berth.
C.
There shall be a minimum paved area of 100 feet from the building
line, at the loading area. No parking shall be permitted, nor shall
any area be counted, in the parking area within the loading area.
[Amended 12-21-1976; 5-19-1993]
D.
Loading berths may be provided in spaces designed to serve jointly
two or more adjacent establishments, provided that the number of berths
in such joint facilities shall not be less than the total required
for all such establishments.
[Amended 7-21-2020 by L.L. No. 1-2020]
A.
No airport facility or accessory building, structure or use shall
be constructed, expanded, installed, used, maintained, arranged or
designed to be used, erected, reconstructed or altered in any use
district except when authorized by special permit from the Town Board.
B.
Helicopters, seaplanes and amphibious aircraft prohibited. No person,
firm or corporation, except those with prior valid approvals, shall
land or cause to be landed, take off or cause to take off or taxi
any helicopter, seaplanes and amphibious aircraft on or from the waters,
beaches or on any land within the Town of Riverhead.
C.
Seaplanes prohibited. No person, firm or corporation shall land or
cause to be landed, take off or cause to take off or taxi any seaplane
on or from the waterways under the jurisdiction of the Town of Riverhead.
D.
This subsection shall not apply to airfields owned by the Town of
Riverhead and/or the Town of Riverhead Community Development Agency,
medical or police emergency landings and takeoffs or aircraft involved
in medical or military emergencies, or aircraft involved in operations
involving public health and safety.
E.
This subsection shall not apply to the use of aircraft as an accessory
use to agricultural production as set forth in this chapter.
F.
Any person in violation of any provision of this section shall, upon
conviction, be subject to a fine of $1,000 for the first offense and
$2,000 for each subsequent offense.
[Amended 7-3-1979]
All vending machines shall be accessory to a main use and shall
meet the setback requirements established for main structures of the
district in which they are located. Not more than two vending machines
shall be permitted on the exterior of the main use (building).
[Amended 7-3-1979; 8-21-1979; 3-20-1990; 7-19-2005 by L.L. No. 37-2005; 11-8-2006 by L.L. No. 45-2006; 11-18-2014 by L.L. No. 20-2014]
No building or other structure which is prefabricated or which is constructed, manufactured, built or fabricated at a place other than the site on which it is to be located or used shall be used as a dwelling, except in a mobile home park or travel trailer park and except as an agricultural dwelling under § 301-239 of this chapter, unless:
A.
It complies with the provisions of the laws, ordinances,
rules and regulations of all governmental entities having jurisdiction
over the subject property.
B.
It is affixed to the site by means of a permanent
foundation.
C.
It is a temporary trailer (prefabricated dwelling). Notwithstanding Subsections A and B above, there shall be permitted the installation of a trailer (prefabricated dwelling) in which a family or individuals may live in a residential or agricultural zone under the following circumstances:
(1)
The trailer (prefabricated dwelling) must be
for the temporary use and occupation of an individual or group of
individuals whose residence has either been so damaged by fire or
by some act of God as to render the residence uninhabitable or whose
principal residence is being remodeled on a property utilized for
agriculture.
(2)
The trailer (prefabricated dwelling) must be
placed on the same plot as the house which is being rebuilt or on
a contiguous parcel with the owner's consent.
(3)
A permit shall be obtained from the Building
Department within 72 hours of placing the trailer (prefabricated dwelling)
on a lot. The fee for the permit shall be $50.
(4)
A certificate of occupancy shall be obtained
from the Building Department within 21 days of placing the trailer
(prefabricated dwelling) on a lot.
(5)
Such trailer shall be permitted to remain on
a lot for six months with one six-month extension upon application
to the Zoning Board of Appeals. No further extensions are permitted,
and it shall be mandatory that the trailer be removed at the end of
the time permitted. If the trailer is not removed, there shall be
a fine of $15 per day on the owner of the trailer for each day that
it remains beyond the time limit. If the trailer remains in violation
for more than 10 days, the Building and Zoning Administrator or Building
Inspector or his representative may, after notifying the owner of
said trailer in person or by letter, return receipt requested, cause
the trailer to be removed. The expense of such removal and any storage
charges resulting shall be paid by the owner of the trailer, and,
if said cost is not paid within 10 days of notification to the owner,
the Building and Zoning Administrator may advertise the public sale
of the trailer (prefabricated dwelling) in the official paper of the
Town and sell it to the highest bidder. The moneys realized from the
sale shall be applied to any fines outstanding and to reimburse the
Town for any expense incurred in moving and storing the trailer (prefabricated
dwelling). If there shall be any excess, it shall be remitted to the
former owner of the trailer (prefabricated dwelling).
[Added 5-17-1977; amended 12-6-1977; 7-3-1979]
All business and industrial uses must conform to the following:
A.
Screen planting.
(1)
There shall be provided a landscaped area of at least 25 feet
in depth wherever any district other than a residence district shall
adjoin land owned or maintained by New York State, Suffolk County,
Riverhead Town or any of their commissions, subdivisions or departments
and such land owned or maintained by New York State, Suffolk County,
Riverhead Town or any of their commissions, subdivisions or departments
is used or contemplated for use as parkland or recreational land.
(2)
Wherever a business use or industrial use adjoins a residence
use, there shall be provided a landscaped buffer area of at least
10 feet in width in each such abutting business or industrial district.
The plantings shall be evergreen shrubs which will attain and which
shall be maintained to a height of not less than eight feet to provide
an effective natural screen between districts. No structure, storage,
parking or other similar accessory uses shall be permitted within
such area unless specifically authorized by the Town Board after a
public hearing.
[Amended 5-21-1981]
B.
Trees. Trees shall be required along street frontages at a distance
equal to the average diameter of the branching habit for the given
species at maturity. Said requirement shall be specifically excepted
by the Town Board when granting a change of zone or when it is deemed,
through the functions of site plan review, that an aesthetically acceptable
substitute, appropriate to the use and location, has been provided.
Such substitute must utilize a number of trees that is at least equal
to that arrived at if placed along street frontages. The number of
trees shall be computed without taking into account that footage devoted
to driveways, and in no instance shall trees be planted within five
feet of a driveway or an edge of a driveway.
[Amended 7-7-1987]
C.
Fencing and/or screen planting.
(1)
Unless specifically waived or otherwise amended by the Town
Board, wherever this chapter requires a buffer zone to protect residential
properties, a six-foot-high chain-link fence with stockade attached
shall be required and the buffer area seeded and/or planted with appropriate
ground cover.
(2)
Screen planting and/or fencing, where required, shall begin
at ground level 15 feet back from the front property line and taper
to full height at a distance 20 feet back from the front property
line.
D.
Where the applicant's building or buildings are retail nonresidential
buildings in nature and where the aggregate square footage is 10,000
square feet or more, the applicant must provide landscaped raised
islands within the parking area at the rate of 20 square feet of landscaped
island per required parking space. Such islands shall be landscaped
at least eight feet wide, measured on the shortest side, and surrounded
by curbing that conforms to the Town's standard specifications. Wherever
possible, such islands shall be installed so as to separate parked
vehicles. Such islands shall be landscaped with one tree every 100
square feet and with appropriate shrubbery, which landscaping shall
be maintained.
[Amended 7-7-1987]
E.
Maintenance of screening, buffer facilities or paved areas.
(1)
Any land that is or has been designated or required to be a
screening area, buffer area or paved area pursuant to an approval
by the Town Board, Planning Board or Zoning Board of Appeals or any
grant of an application for a change of zone, variance or site plan
approval or which is required by ordinance or local law must be maintained
by the owner of the property or any of the owners, successors in interest
or assignees.
(2)
When it is determined by the Town Board that any land is not
maintained pursuant to such grant or ordinance, the Building and Zoning
Department shall notify the owner of record of such land, by registered
mail to the address shown on the last preceding assessment roll, to
erect, replace, repair or maintain fences, trees, plantings, shrubbery
or other screening or paved areas pursuant to the plan or ordinance.
(3)
In the event that the owner of record does not comply with the
notice within 30 days of the date of said mailing, the Building and
Zoning Department may take the appropriate action to erect, replace,
repair or maintain fences, trees, plantings, shrubbery or other screening
or paved areas on the designated land. The Building and Zoning Department
shall certify by affidavit the costs incurred either by the Department
or otherwise to the Town Board. The Town Board shall, by resolution,
instruct the Town Clerk to publish a public notice that a public hearing
will be held for the purpose of adding to the assessment roll of the
described lot or parcel the costs incurred and that, at the public
hearing, the Town Board will hear and consider any objection which
may be made to such roll. The publication of such notice shall not
be less than 10 days before the time specified for such hearing. The
Town Board, after public hearing, may then cause such assessment to
become a lien and may direct the Town Assessor to place it on the
assessment roll.
[Added 12-6-1977; amended 7-3-1979]
No building as defined in § 301-3, including mobile vehicles or trailers, shall be used for storage purposes unless all sections and provisions of this Code are adhered to. Specifically excepted from this section are mobile vehicles or trailers used for temporary loading and unloading purposes, which are removed from the premises within five days from their arrival date.
[Added 3-20-1990; amended 4-17-1990; 7-19-2005 by L.L. No. 38-2005]
A.
Location. Temporary greenhouses may be located on a parcel of land
in the RB80, RA80, and APZ Zoning Use Districts, or any property with
a preexisting agricultural use as determined by the Zoning Officer,
as set forth below, provided that the subject parcel is a minimum
of five acres. The subject parcel may be owned or leased, either individually
or as a partnership, and the aggregate of the subject contiguous parcel(s)
shall be a minimum of five acres.
B.
Lot requirements. The following lot requirements shall apply to temporary
greenhouses only:
|
Zoning Use District
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
|---|---|---|---|
|
RB80
|
40
|
30
|
40
|
|
RA80
|
40
|
30
|
40
|
|
APZ
|
40
|
30
|
40
|
C.
Fee. A building permit fee for up to five temporary greenhouses shall
be $30. An additional fee of $5 shall be payable for each additional
temporary greenhouse to be located on a parcel.
[Added 4-3-1990; amended 7-1-2003 by L.L. No. 9-2003]
A.
The permit shall require that occupancy of agricultural worker housing shall be limited to persons employed on the farms of the applicant. Occupancy shall be by employees while they are employed in agricultural production. There shall be no rentals of this building. The building shall be subject to an annual inspection pursuant to Chapter 263, Rental Dwelling Units, of the Riverhead Town Code by the Building Department of the Town of Riverhead. Said building shall, at all times, comply with all conditions of applicable laws, ordinances and rules governing its use and occupancy.
B.
The permit shall require that construction of the camp commence and
be completed within one year of the date of the granting of site plan
approval.
C.
The owner of the premises shall be actively and primarily engaged
in commercial agricultural production in the Town of Riverhead.
D.
The approval shall require that the camp buildings consist of a structure
which shall include bedrooms, kitchen, dining and living room, bathroom
and utility room. The camp building shall have a separate bedroom
for every two persons, and the building shall conform to the New York
State Fire Prevention and Building Code. All electrical and plumbing
work shall comply with the New York State Fire Prevention and Building
Code; prefabricated buildings with HUD certification shall be allowed.
Plans and specifications for the camp building shall be subject to
the approval of the Building Inspector. All buildings must obtain
and maintain New York State, Suffolk County and OSHA permits. In no
event shall the subject building be occupied by more than 20 persons
without a further public hearing before the Town Board.
E.
The permit shall require a plan to be approved by resolution of the
Town Board of the Town of Riverhead, which shall include a property
survey prepared by a licensed surveyor, the location of the proposed
buildings, the depiction of yard setbacks, and the depiction of suitable
screening and buffering buildings from neighboring properties and
public highways.
F.
The permit shall require that an agent shall be appointed annually
by the owner to maintain order, assume responsibility for the day-to-day
operations, maintenance of the camp and the conduct of camp employees.
Such agent shall be a resident of Riverhead Town and shall be appointed
by written agreement with name, address and phone number filed with
the Town Clerk and Police Department. Such agent shall be responsible
for the daily orderly operation of the camp and shall have the authority
to correct immediately any comments or complaints made.
G.
The permit shall require that the subject premises shall be operated
in accordance with the following conditions:
(1)
Compliance with all relevant Town of Riverhead ordinance and
County Sanitary Code requirements.
(2)
No labor contractors shall be permitted on the premises.
(3)
Compliance with all state laws, including operation free from
a pattern of violations of the Penal Law by camp residents, i.e.,
three or more violations of the Town Code or New York State Penal
Law in 18 months shall constitute a pattern of violations.[1]
(4)
Access to subject premises shall be permitted at all reasonable
times to Town officials and representatives.
(5)
The agricultural worker housing shall be abandoned and the real
property conform to all Town of Riverhead zoning requirements upon
the conversion of the principal agricultural use.
H.
A permit to operate agricultural worker housing shall be submitted
to the Building Department by the property owner or his designated
representative, which shall affirmatively state that the agricultural
worker housing unit(s) are in compliance with this section. The Building
Inspector, upon an inspection of the subject premises and a finding
of compliance, shall issue a permit to operate agricultural worker
housing.
I.
Failure of the applicant to comply with any of the stipulations enumerated
herein shall be cause for revocation of the special permit after duly
noticed hearing before the Town Board.
[Added 7-19-1994; amended 5-2-1995; 9-7-2005 by L.L. No. 48-2005; 9-15-2009 by L.L. No. 51-2009]
A.
The bed-and-breakfast use shall be an accessory use to a one-family
dwelling and shall be located within the one-family dwelling in residential,
commercial and agricultural zoning use districts.
B.
The use in all districts allowed under this section shall be exclusively
owner-occupied single-family housing. "Owner-occupied one-family dwelling"
shall mean a person's legal primary residence as defined in the federal
and state tax laws, with proof of real estate ownership/title of said
premises and property.
C.
The structure shall maintain the character of a one-family dwelling.
D.
The residence shall be the primary residence of the owner, who is
also the operator.
E.
All one-family dwellings incorporating bed-and-breakfast as an accessory
use shall be a minimum of 2,000 square feet in living area.
F.
The maximum number of rented rooms permitted in a bed-and-breakfast
shall be limited to five, and the length of stay within a bed-and-breakfast
shall be a maximum duration of two weeks or 14 consecutive days. Documentation
verifying the length of stay of each guest, such as a registration
ledger or receipts, will be made available to the Code Enforcement
Officer or the Building Department upon request.
G.
Any meal served shall be served only to guests of the bed-and-breakfast
facility.
H.
The use of amenities provided by the bed-and-breakfast, such as outdoor
areas and gardens, swimming pool or tennis court, shall be restricted
in use to the overnight guests and permanent residents of the facility.
I.
Cooking facilities shall be prohibited in guest bedrooms.
J.
Guest rooms may not be used as legal residences in order to enroll
children into a school district.
K.
Upon the issuance of a special permit for bed-and-breakfast facilities, the Town Board shall require an annual inspection and compliance permit for bed-and-breakfast use upon real property to be issued by the Building Department for continued operation. The Town Building Department shall either approve or deny the reissuance of this compliance permit for the bed-and-breakfast use as a result of such inspection. Said compliance permit is not transferable with the real property. New property owners must obtain a new compliance permit pursuant to Subsection N of this special permit requirement being fulfilled, i.e., a new written permission from the property owner allowing the Town to conduct periodic inspections, including the annual inspection, shall be on file with the Building Department before issuance of the new compliance permit.
L.
All guest rooms must conform to the New York State Uniform Fire Prevention
and Building Code requirements for habitable space.
M.
A site plan and detailed floor plan shall be required as a condition
of this special permit.
N.
Written permission from the property owner allowing the Town to conduct
periodic inspections, including the annual inspection, shall be on
file with the Building Department before issuance of the compliance
permit.
O.
An application for a compliance permit shall be filed with the Building
Department each year with an annual filing fee of $100.
