Village of East Hampton, NY Chapter 278 Zoning

[HISTORY: Adopted by the Board of Trustees of the Village of East Hampton 5-19-1925; amended in its entirety 6-15-1990 by L.L. No. 6-1990 (Ch. 57 of the 1971 Code). Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Planning Board — See Ch. 42.

Unsafe buildings and structures — See Ch. 87.

Coastal erosion hazard areas — See Ch. 101.

Code enforcement administration — See Ch. 104.

Design and site plan review — See Ch. 121.

Preservation of dunes — See Ch. 124.

Flood damage prevention — See Ch. 160.

Freshwater wetlands — See Ch. 163.

Preservation of historic areas — See Ch. 176.

Streets and sidewalks — See Ch. 250.

Subdivision of land — See Ch. 252.

§ 278-1 Definitions; nonconforming buildings.

A. Definitions. For the purpose of this chapter, certain words and terms shall have the following meanings:

ACCESSORY USE, BUILDING OR STRUCTURE

A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" or "accessory structure" may include a swimming pool, tennis court, garage, shed, pool house, greenhouse, deck, patio, unconditioned porch or other similar structure, none of which shall be designed for cooking or sleeping purposes, except those permitted pursuant to § 278-2B(7)(d).

[Amended 6-20-1997 by L.L. No. 13-1997; 3-15-2002 by L.L. No. 6-2002; 1-18-2013 by L.L. No. 1-2013; 3-2-2017 by L.L. No. 5-2017]

ALTERATION

As applied to a building or structure, a change or rearrangement of the structural parts or in the exit facilities thereof; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location to another. The term “alter” in its various modes and tenses and its participle form refers to the making of an alteration. As used in this chapter, “remodel” or “reconstruction” is synonymous with this definition. Repairs or routine maintenance are not synonymous with this definition. By way of example, the replacement of a roof or windows or doors in place and in kind or an interior renovation that does not involve the installation of new systems, such as plumbing, heating or electrical systems, would not constitute an alteration for purposes of this chapter, but the installation of new windows or doors that are not in the same place and of the same kind as the existing ones or the introduction of new kitchen or bath facilities or habitable space in an area of a building not previously used as such would constitute an alteration.

[Amended 1-20-2012 by L.L. No. 2-2012]

APARTMENT

A room or grouping of rooms arranged and designed with provisions for cooking, living, sanitary and sleeping facilities such that it is suitable for occupancy by a single family on a long-term basis as its principal residence during the period of such occupancy or which, however arranged or designed, is in fact being used on such basis for such purpose. An entire "single-family residence," as herein defined, regardless of its actual occupancy or use, shall not constitute an "apartment" unit.

ATTIC

The unfinished space between the ceiling joists of the top story and the roof rafters.

[Added 3-15-2002 by L.L. No. 7-2002]

AWNING

An architectural projection that provides weather protection, identity and/or decoration and is wholly supported by the building to which it is attached. An awning shall be comprised of a lightweight, rigid or retractable skeleton structure over which a cloth fabric cover is attached. An awning shall be hung at least seven feet six inches above the sidewalk or grade. All awnings shall be made of fire-retardant materials. (See § 278-4G.)

[Added 12-15-1995 by L.L. No. 31-1995]

BUILDING

A structure with a roof supported by walls.

[Added 3-2-2017 by L.L. No. 5-2017[1]]

BUILDING, COMMERCIAL

A building devoted to a use permitted exclusively in the Commercial/Core Commercial Districts and/or the Manufacturing-Industrial District, regardless of the district in which the building is situated.

[Added 3-14-2008 by L.L. No. 3-2008]

BUILDING LINE WIDTH

The length of a line which is parallel or concentric to the front lot line at the required principal building setback.

[Added 3-2-2017 by L.L. No. 5-2017]

BUILDING, PRINCIPAL

A main building devoted to the principal use on a lot.

[Added 3-2-2017 by L.L. No. 5-2017]

BULKHEAD ENCLOSURE

An enclosure with door panels housing a stairway that provides ingress and egress to a cellar, commonly referred to as a "Bilco door."

[Added 3-2-2017 by L.L. No. 5-2017]

CELLAR

That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.

[Added 3-15-2002 by L.L. No. 7-2002; amended 6-19-2015 by L.L. No. 17-2015; 3-2-2017 by L.L. No. 5-2017]

CELLAR STAIRWELL

An unroofed space created by a soil retention structure allowing ingress and egress to a cellar door, including the structure designed and intended to retain the soil.

[Added 3-2-2017 by L.L. No. 5-2017]

CHIMNEY

A vertical enclosure incorporated into a building containing one or more passageways for conveying flue gases and smoke to the outside atmosphere.

[Added 3-2-2017 by L.L. No. 5-2017]

COVERAGE

In all residential districts, that percentage of lot area covered by the ground floor area of all buildings sited thereon, together with all other structures. In all other districts, that percentage of lot area covered by the ground floor of all buildings sited thereon, together with all other structures, including pavements and impermeable surfaces except for walkways located on the property which are available and open to the public and which connect public areas.[2]

DISH ANTENNA

A structure having as its main purpose the reception of radio signals from orbiting satellites or terrestrial sources. The term shall include all satellite earth stations of whatever configuration. Any base, pedestal, foundation, reflector, amplifier, lens, prism or other device located out of doors and connected to or used in conjunction with a dish antenna shall be deemed a part thereof.

FAMILY

[Added 11-19-1993 by L.L. No. 25-1993[3]]

(1) Any number of persons occupying a single-family residence, related by blood, marriage or legal adoption, living and cooking together as a single housekeeping unit.

(2) Any number of persons occupying a single-family residence, not exceeding three, living and cooking together as a single stable and bona fide housekeeping unit where all are not related by blood, marriage or legal adoption. A group of persons whose association or relationship is transient or seasonal in nature, rather than of a permanent and domestic character, shall not be considered a "family."

(3) Notwithstanding the provisions of Subsection (2) of this definition, a group of unrelated persons numbering more than three shall be considered a "family" upon a determination by the Zoning Board of Appeals that the group is functional equivalent of a family pursuant to the standards enumerated in Subsection (5) herein. Notwithstanding the above, a group of persons whose association or relationship is transient or seasonal in nature, rather than of a permanent and domestic character, shall not be considered a "family" under any circumstances.

(4) In determining whether a group of more than three unrelated persons constitutes a family for the purpose of occupying a single-family residence, as provided for in Subsection (3) of this definition, the Zoning Board of Appeals shall utilize the standards enumerated in Subsection (5) in making said determination. Before making a determination under this subsection, the Zoning Board of Appeals shall hold a public hearing, after public notice, in conformance with this Chapter 278 of the East Hampton Village Code.

(5) In making a determination under Subsection (4), the Zoning Board of Appeals shall find that:

(a) The group is one which in theory, size, appearance and structure resembles a traditional family unit.

(b) The group is one which will live and cook together as a single housekeeping unit.

(c) The group is of a permanent nature and is neither a framework for transient or seasonal living nor merely an association or relationship which is transient or seasonal in nature. Nothing herein shall preclude the seasonal use of a single-family residence by a group which otherwise meets the standards of this subsection at its permanent residence.

(d) All other requirements of this chapter regarding the use and occupancy of a single-family residence shall be complied with.

(e) Any determinations under this subsection shall be limited to the status of a particular group as a family and shall not be interpreted as authorizing any other use, occupancy or activity.

(f) In no case shall a single-family residence have more than one kitchen.

(g) In no case shall the people occupying a single-family residence have separate written or oral leases or rental arrangements or the payment of rent for portions of the single-family residence among its owners and residence.

FAST-FOOD RESTAURANT or DRIVE-IN

A use in a building in which food is prepared and sold over a counter in disposable containers and wrappers, selected from a limited menu for immediate consumption on or off the premises, with seating provided on premises, but without table service by waiters or waitresses. A fast-food restaurant might or might not have a drive-in or drive-through service window at which a customer can place an order from a motor vehicle or can receive a purchase at the vehicle. This term shall not include a take-out food store.

[Amended 7-31-2008 by L.L. No. 7-2008]; 5-18-2018 by L.L. No. 9-2018]

FENCE

An enclosure or barrier made of wood, stone or other material constructed on or around a parcel of property designed to either limit access to an area or to screen such area from view, or both.

[Amended 10-16-2009 by L.L. No. 11-2009; 6-18-2010 by L.L. No. 6-2010; 3-2-2017 by L.L. No. 5-2017]

FLAG LOT

A type of lot (commonly flag-shaped in configuration) in which street frontage is provided by a strip of land which is narrow in relation to the remainder of the lot and which extends from the main body of the lot to the street. A lot which does not physically front on or abut a street, but which has access to a street by means of an easement over other property, shall be deemed to be included in this definition.

[Added 3-2-2017 by L.L. No. 5-2017]

FRONTAGE

The minimum frontage of any lot on a public street and the access width of any lot shall be 20 feet. Access width shall be measured perpendicular to the sides of the strip of land or right-of-way within the lot affording access to the street. However, in approving creation of no more than four lots, whether by subdivision or by subdivision waiver, the Planning Board may deem this definition to have been complied with if the new lot shall have 20 feet or more frontage usable for access on a common driveway, right-of-way or other similar property which other property itself:

[Added 4-17-1992 by L.L. No. 9-1992; amended 12-17-1993 by L.L. No. 26-1993]

(1) Leads to a public street.

(2) Is 20 or more feet in width at all points.

(3) Is subject to the terms of a duly recorded and irrevocable legal instrument approved by the Planning Board which provides that the property will be suitably improved to provide access to the public street and will, in perpetuity, be available to the new lot in question for such street access.

GARAGE

An accessory building or structure, accessible by a driveway, designed and capable for use for the storage of motor vehicles owned and regularly used by or on behalf of the owner or tenant of the lot on which it is erected as an accessory to the permitted use of the lot.

[Amended 6-6-2013 by L.L. No. 14-2013; 5-16-2014 by L.L. No. 5-2014; 3-2-2017 by L.L. No. 5-2017]

GARBAGE BIN

A shed-type building with a roof and walls constructed primarily to house refuse containers which does not exceed dimensions three feet deep by five feet in length by five feet in height.

[Added 3-2-2017 by L.L. No. 5-2017]

GRADE, FINISHED

Natural surface of the ground, or surface of the ground after completion of any change in contour.

[Added 3-15-2002 by L.L. No. 7-2002]

GROSS FLOOR AREA

The cumulative area in square feet of every story of any building, part thereof or addition thereto, as measured to the exterior face of the frame or masonry wall, but excluding cellars, attics, spaces with less than five feet in height as measured from the floor joists to the roof rafters, or unenclosed porches, unenclosed breezeways or screened porches. The gross floor area of an accessory building attached to a principal building by means of an unenclosed breezeway, unenclosed or screened porch or roofed terrace shall be includable in the gross floor area of accessory building, but the unenclosed connection shall not. Stairwells and interior spaces with floor-to-ceiling height in excess of 15 feet shall be counted twice.

[Amended 3-15-2002 by L.L. No. 7-2002; 3-16-2012 by L.L. No. 3-2012; 3-15-2013 by L.L. No. 10-2013; 7-31-2017 by L.L. No. 12-2017; 7-31-2019 by L.L. No. 8-2019]

GUEST ROOM

A conventional bedroom, with or without bathroom facilities, being rented to paying guests, within an owner-occupied single-family residence. The term shall also include a room in a bed-and-breakfast or similar establishment, but does not include hotels, motels or inns. Such bedroom shall not be occupied by more than two persons and shall be at least 80 square feet in area. One residence may not contain more than two guest rooms.

[Amended 2-20-1998 by L.L. No. 4-1998]

HOME OCCUPATION

Any gainful activity customarily conducted within a single-family residence by the residents thereof that is clearly secondary to the residential use; that requires no structural alteration of the building; and which does not otherwise change the character of the building as a residence. The activity shall not employ any nonresidents of the dwelling and shall not occupy more than 25% of the gross floor area of the dwelling, exclusive of the cellar, attic and open porch floors, or 500 square feet, whichever is less. The home occupation must be conducted within the principal dwelling of an owner/resident thereof and, if conducted in the basement, shall be subject to the same floor area limitations. There shall be no external evidence of the activity, including audible noise, or parking of more than two vehicles, other than those owned by the owner/resident, or signs, other than one announcement sign not more than two square feet in area, and no mechanical or electrical equipment shall be used except customary household equipment. Home occupations shall not include uses such as the following: barbershop or beauty parlor, restaurant, breeding kennel, film studio, or antique or art dealer.

[Amended 1-18-2008 by L.L. No. 1-2008]

HOME PROFESSIONAL OFFICE

The office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, real estate broker or salesperson, boat captain, insurance broker or agent or tutor. The activity shall employ no more than one person and shall not occupy more than 1/3 of the total floor area of the dwelling, exclusive of the cellar, attic and open porch floors, or 900 square feet, whichever is less. The home professional office must be conducted within the principal dwelling of the owner/resident thereof and, if conducted in the basement, shall be subject to the same floor area limitations. There shall be no external evidence of the office and associated activity, including audible noise, or parking of more than four vehicles, other than those owned by the owner/resident, or signs, other than one professional sign. “Tutor” shall be restricted to a person giving individual instruction in academic subjects to a single pupil at one time. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, and instrument or piano or voice instruction, tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments, and stores, businesses, or trades of any kind not herein excepted shall not be deemed to be “home professional offices.” The home professional office of a physician shall not include a biological or other medical testing laboratory.

[Amended 1-18-2008 by L.L. No. 1-2008]

LOT

A lawfully created tract or parcel of land under one sole or undivided ownership, occupied or capable of being lawfully occupied by one building and the accessory buildings customarily incidental to it, including such open spaces as are required by this chapter.

[Amended 5-16-2008 by L.L. No. 4-2008]

LOT DEPTH

The length of the shortest line that can be drawn from the front lot line to the rear lot line which crosses the portion of the lot on which a residence can be located.

[Added 3-2-2017 by L.L. No. 5-2017]

LOT LINE, FRONT

A street right-of-way line at the front of a lot, except that in the case of a flag-shaped lot, the front lot line shall be any one of the internal lines designated by the owner, which designation, once made, shall be permanent. No lot shall have less than 20 feet on a public road or street, and at no point shall said lot be less than 20 feet in width.

[Amended 9-21-1990 by L.L. No. 8-1990; 4-17-2009 by L.L. No. 4-2009]

LOT LINE, REAR

The lot line opposite the front lot line.

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT WIDTH, FRONT

The dimension measuring the shortest distance from side lot line to side lot line at the required minimum front yard setback for a principal building.

[Added 3-2-2017 by L.L. No. 5-2017]

LOT WIDTH, REAR

The dimension measuring the shortest distance from side lot line to side lot line at the required minimum rear yard setback for a principal building.

[Added 3-2-2017 by L.L. No. 5-2017]

NAMEPLATE

A type of sign specifying the name of a business which shall be non-illuminated and shall not exceed two square feet in area.

[Amended 6-17-2005 by L.L. No. 13-2005]

NONCONFORMING BUILDING OR STRUCTURE

A building or structure lawfully existing on the effective date of this chapter or any amendment thereto affecting such building or structure, which does not conform to one or more current dimensional regulations hereof for the district in which it is situated, irrespective of the use to which such building or structure is put.

NONCONFORMING LOT

A lawfully created lot existing in single and separate ownership at the effective date of this chapter or any amendment thereto affecting such lot that does not have the lot area dimensions required by the applicable district regulations.

[Added 5-16-2008 by L.L. No. 4-2008]

NONCONFORMING USE

Any use of a building, structure, lot, land or part thereof lawfully existing on the effective date of this chapter, or any amendment thereto affecting such use, which does not conform to one or more current use regulations hereof for the district in which it is situated, including those for which a special permit was granted during the period of time when this chapter permitted the expansion or alteration of a nonconforming use pursuant to a special permit. Permission to temporarily conduct or continue a prohibited use granted by the Zoning Board of Appeals prior to the effective date of this chapter or any amendment thereto shall not be construed to establish a “nonconforming use” as herein defined, and, therefore, any such permission and the use which is authorized shall terminate upon the expiration thereof.

[Amended 11-21-2014 by L.L. No. 21-2014]

OWNER-OCCUPIED

The continual use and physical presence of the person having at least a fifty-percent legal or equitable interest in the premises.

[Added 8-21-2009 by L.L. No. 9-2009]

PARKING SPACE

A dust-free off-street space sufficient in size to accommodate one parked motor vehicle and having an area of not less than 180 square feet.

PEDESTRIAN WALKWAY

A freestanding path or walkway no greater than 48 inches in width built substantially at finished grade consisting of stone, brick or similar material designed and intended to lead pedestrians to a destination.

[Added 3-2-2017 by L.L. No. 5-2017]

PICKLEBALL COURT

A structure wholly or partially outdoors consisting of a playing area of whatever composition used to engage in the game of pickleball. A backstop, if constructed, consisting of netting, fencing or similar material and designed to prevent the passage of play balls shall be part of a pickleball court.

[Added 4-28-2023 by L.L. No. 6-2023]

PLAYING COURT

A structure, or part thereof, which is designed or used for playing sports and consists of a playing surface of 375 square feet or more. All associated netting, fencing, backstops and other improvements shall be considered part of the playing court. Tennis courts, basketball courts, handball courts, racquetball courts, volleyball courts, ice rinks, pickleball courts, and other similar facilities shall be deemed included in this definition.

[Added 3-2-2017 by L.L. No. 5-2017; amended 4-28-2023 by L.L. No. 6-2023]

POOL HOUSE

An accessory structure or a portion of an existing accessory structure customarily used in conjunction with a swimming pool.

[Added 6-20-1997 by L.L. No. 13-1997; amended 3-2-2017 by L.L. No. 5-2017]

POSTMAN'S WALKWAY

A freestanding path or walkway no greater than 48 inches in width leading from a driveway or from a street front to a door on a dwelling.

[Added 3-2-2017 by L.L. No. 5-2017]

POWDER ROOM

A bathroom consisting of a sink and toilet but no shower or bathtub.

[Added 3-2-2017 by L.L. No. 5-2017]

PROFESSIONAL SIGN

A sign bearing the name and profession of the resident practitioner which may not exceed two square feet in area.

[4]

RESTAURANT

A use in a building having as its sole purpose the preparation and serving of food for consumption on the premises within furnished dining areas, and including as a possible accessory the serving of alcoholic beverages with meals, but not including any form of live entertainment or dancing for guests. A restaurant shall not be construed to include any form of drive-in, open-front, curb-service or fast-food eating establishment or any form of tavern, bar, nightclub, discotheque or similar entertainment establishment.

[Added 7-31-2008 by L.L. No. 7-2008; amended 5-18-2018 by L.L. No. 9-2018][5]

RETAINING WALL

A solid structure made of wood, stone, concrete or similar materials designed for the retention of soil or fill material greater than 12 inches in width and constructed with a structural footing.

[Added 3-2-2017 by L.L. No. 5-2017]

ROOF, LOW PITCH

Any roof with a slope of less than seven inches of rise over 12 inches of run.

[Added 7-31-2019 by L.L. No. 8-2019]

SETBACK

The distance which this chapter requires maintained between a property line, natural feature (including edge of wetlands, dunes and bodies of water) or other described place or thing and the nearest point thereto of any building, structure or other named improvement.

SIGN

Any advertising structure, display board, screen, structure, shadow box, poster, mannequin, banner, pennant, cloth, bill, bulletin, painting, printing or other device or object or part thereof used to announce, identify, declare, demonstrate, display or in any manner advertise or attract the attention of the public by means of letters, words, figures or colors. See § 278-4.

SINGLE-FAMILY RESIDENCE

A residential use of land consisting of a detached and freestanding building, commonly called a “house,” designed or arranged for occupancy by one family, as defined herein, on a nontransient basis. A single-family residence which is rented to, or occupied by, a tenant or tenants for a term or terms of less than one month, excluding two two-week periods during any one calendar year, shall be deemed transient housing and is not permitted. A single-family residence may not contain more than two guest rooms, as defined herein, and may not contain more than one kitchen.

[Amended 9-17-1993 by L.L. No. 16-1993; 12-8-2009 by L.L. No. 13-2009]

SPECIAL PERMIT USE

A use permitted in one or more districts only if a special permit shall have been granted therefor, pursuant to § 278-7 of this Code.

STOOP

An unroofed staircase leading to the exit facilities of a single-family or multifamily residence.

[Added 3-2-2017 by L.L. No. 5-2017]

STORY

That portion of a building which is between one floor level and the next higher floor level or roof. For the purpose of measuring height by stories under the provisions of this chapter, one additional story shall be added for any pilings, piers or other foundation which causes the building to be elevated more than four feet above average natural grade. In the case of a property located in a FEMA flood zone, the area between the adjacent natural grade and the minimum required first-floor elevation shall not be considered a story.

[Added 6-19-2015 by L.L. No. 16-2015]

STREET

Any state, county or Village highway or road or any street shown on a filed subdivision map and any private road providing access to subdivided land.

[Added 3-2-2017 by L.L. No. 5-2017]

STRUCTURE

Anything, including any building, which is constructed or erected on or under the ground or the water or upon another structure or building, including antennas, aerials, tennis courts, swimming pools, decks and patios (including those set in sand) or other improvements, whether or not intended to be temporary, seasonal or permanent.

[Amended 4-17-1992 by L.L. No. 9-1992; 7-31-2013 by L.L. No. 16-2013; 12-18-2015 by L.L. No. 23-2015; 3-2-2017 by L.L. No. 5-2017]

SWIMMING POOL

Any enclosure or container, either for public or private use, which encloses a body of water greater than six feet in any direction and contains water of a depth of 18 inches or more. See § 278-5.[6]

TAKE-OUT FOOD STORE

A retail store wherein food and/or beverages are prepared, served and sold over a counter for immediate consumption primarily off premises and which may have a customer sitting area. A customer sitting area shall be limited to no more than 16 seats, to eat within or outside of the establishment, at one time. A take-out food store includes, but is not limited to, delicatessens, ice cream parlors, bakeries, tea/coffee houses and specialty gourmet shops. A take-out food store excludes restaurants, fast-food restaurants or drive-in restaurants, bars and taverns.

[Added 5-18-2018 by L.L. No. 9-2018; amended 4-17-2020 by L.L. No. 2-2020]

TENNIS COURT

A structure whole or partially outdoors consisting of a playing area of whatever composition used to engage in the game of tennis. A backstop, if constructed, consisting of netting, fencing or similar material and designed to prevent the passage of tennis balls shall be part of a tennis court.

[Added 4-28-2023 by L.L. No. 6-2023]

TENT

Any structure, enclosure or shelter constructed of fabric or pliable material supported in any manner, including but not limited to a canopy, but not including an awning as that term is defined in this section.

[Added 2-18-2005 by L.L. No. 3-2005]

TIMBER-FRAME LANDMARK

An individual property that has been designated as one of the group of timber-frame landmarks, 1700 to 1850, designated by the East Hampton Village Board of Trustees pursuant to § 176-3A of the Code (Preservation of Historic Areas).

[Added 1-18-2013 by L.L. No. 1-2013]

WINDOW SIGN

Any sign placed on the inside (within no more than four feet) or outside of any window or door of any building which is visible from a sidewalk, street or other public place, not including merchandise on display. In the case of a real estate broker’s office, merchandise shall be deemed to include photographs of properties for sale, provided that the square footage of the photographic display does not exceed 25% of the window area of the storefront.

[Added 5-15-1998 by L.L. No. 6-1998; amended 6-17-2005 by L.L. No. 13-2005]

WINDOW WELL

The clear space created by a soil retention structure located immediately adjacent to a window whose sill is lower than the adjacent finished grade. This includes the structure designed and intended to retain soil to allow the window to function and to provide pedestrian egress from the cellar to the outside.

[Added 3-2-2017 by L.L. No. 5-2017]

YARD, FRONT

The area of any lot with a building which lies between the nearest portion of that building and the front lot line of the lot, extending from side lot line to side lot line in the case of interior lots. Corner lots shall have two such front yards situated between the nearest portion of the building and the front lot line along each street.

YARD, REAR

The area of any lot with a building which lies between the nearest portion of the building and the rear lot line of the lot, extending from side lot line to side lot line.

YARD, SIDE

The area of any lot with a building which lies between the nearest portion of the building and the side lot line of the lot, extending through from the front yard, or from the front lot line where no front yard exists, to the rear yard or to the rear lot line where no rear yard exists.

[1] Editor's Note: This local law also repealed the former definitions of "building, area of," added 11-17-2000 by L.L. No. 7-2000, and "building line."

[2] Editor's Note: The former definition of “delicatessen,” added 4-17-1992 by L.L. No. 9-1992, which immediately followed this definition, was repealed 7-31-2008 by L.L. No. 7-2008.

[3] Editor's Note: The original definition of "family" was repealed 11-19-1993 by L.L. No. 24-1993.

[4] Editor's Note: The former definition of "rooming house," which immediately followed this definition, was repealed 2-20-1998 by L.L. No. 4-1998.

[5] Editor's Note: The former definition of "retail food store," added 7-31-2008 by L.L. No. 7-2008, as amended, which immediately followed this definition, was repealed 4-17-2020 by L.L. No. 2-2020.

[6] Editor's Note: The former definition of "truck garden," which immediately followed this definition, was repealed 8-17-1990 by L.L. No. 7-1990.

B. Nonconforming buildings, structures, uses and lots.

(1) Nonconforming buildings, structures, uses and lots.

(a) Excluding those properties subject to the provisions of § 278-3A(7) and (8), a nonconforming building or structure which lawfully exists that is devoted to a conforming use, or a building or structure which lawfully exists that is devoted to a conforming use on a nonconforming lot, may be enlarged, reconstructed, structurally altered, restored or repaired, in whole or in part, except that the degree of nonconformity shall not be increased. For the purposes of this subsection, an increase in the degree of nonconformity shall include any increase in the nonconformity of a nonconforming building or structure with the dimensional regulations of this chapter and shall include any increase in the nonconformity related to the length, width or height of the nonconforming portion of the building or structure.

[Amended 8-20-2021 by Ord. No. 19-2021]

(b) Restoration of wall or structural member. Nothing herein shall prevent the restoration of a wall or other structural member of a building which shall have been declared unsafe by the Chief of the Fire Department or an engineer, architect or builder authorized by the Board of Trustees to examine and pass on the same.

(c) Restoration of building. Nothing in this chapter shall prevent the restoration or the resumption of the use of a building having less than 50% of its sound value destroyed, exclusive of the foundations, by fire, explosion, act of God or act of the public enemy subsequent to the passage of this chapter, provided that the restoration and resumption shall take place within 12 months of the time of such destruction.

(2) Nonconforming uses.

(a) Continuation of use. Every lawful nonconforming use may be continued in the building or structure or upon the lot or land which it occupies after the effective date of this chapter or after the effective date of any pertinent amendment thereto.

(b) Change of use. No nonconforming use, if once changed to a use permitted in the district in which it is located shall ever be changed back to a nonconforming use.

(c) Extension of use. A nonconforming use shall not be extended or enlarged.

(d) Abandonment of use. A nonconforming use which is discontinued or ceases to exist for a continuous period of one year shall thereafter be deemed abandoned and accordingly be prohibited.

(e) The use of any parcel of land, with the exception of timber-frame landmarks, for both a single-family residence and a separate building used or designed to be used in whole or in part for dwelling purposes in that it contains cooking and/or sleeping facilities, regardless of whether the use of the building is intended for or used by a separate family or as an accessory to the single-family residence for guests or employees or family members of the owners or occupants of the single-family residence, shall be a prohibited use, unless it is a nonconforming use as defined in this section, or a use variance shall have been granted therefor by the Zoning Board of Appeals pursuant to § 278-7.

[Added 11-21-2014 by L.L. No. 22-2014]

(3) Nonconforming lots.

[Added 5-16-2008 by L.L. No. 4-2008]

(a) A nonconforming lot may be used and a building or structure may be erected thereon for use in accordance with all other applicable provisions of this chapter, provided that it has been held in continuous single and separate ownership from all adjacent lots since prior to January 16, 1959, or prior to any subsequent date that it became nonconforming with respect to its area dimensions. The Building Inspector may require a certified abstract title to such lot by a title company regularly doing business in Suffolk County certifying the single-and-separate status of a nonconforming lot during all applicable periods, as a prerequisite to the issuance of a building permit for a nonconforming lot.

(b) If at any time after January 16, 1959, a nonconforming lot shall be held in the same ownership as one or more of the adjoining parcels, the lot shall be merged with the adjoining parcel and shall lose its status as a nonconforming lot, except to the extent that the lot created by the merger of the adjoining parcels remains nonconforming with respect to one or more of the dimensional regulations of the district in which it is situated.

[1] No merger shall hereafter result under this chapter where the ownership of a nonconforming lot becomes the same as the ownership of an adjoining parcel through the death of an individual of one of the parcels.

[2] No merger shall hereafter result under this chapter where adjacent nonconforming lots that are both improved with residences are held in the same ownership.

§ 278-2 Zoning districts.

A. Type location of zoning districts.

(1) For the purpose of this chapter, the Village of East Hampton is hereby divided into classes of zoning districts as follows:

	Residence District R-160
	Residence District R-80
	Residence District R-40
	Residence District R-20
	Residence District R-12
	Limited Office District
	Core Commercial District
	Commercial District
	Manufacturing-Industrial District

(2) The boundaries of these districts are hereby established and continued as indicated in the Building Zone Map, prepared by George Walbridge Surveyors P.C., dated October 15, 2004, which accompanies and is hereby declared to be a part of this chapter.[1]

[Amended 11-8-2004 by L.L. No. 19-2004]

[1] Editor's Note: The Zoning Map is included in a pocket at the end of this volume and is available through the online version of the Code (eCode360®).

(3) A Use Table in matrix form is hereby created. This table sets forth the permitted and special permitted uses in each individual use district. If a particular land use is not listed on the Use Table, that particular use is prohibited and unlawful in the district or zone to which the table applies.[2]

[Amended 12-20-2002 by L.L. No. 19-2002]

[2] Editor's Note: The Use Table is included as an attachment to this chapter.

B. Residential zoning districts. In any residential district, no building, structure or premises shall be used or arranged or designed to be used in any part for other than one or more of the following specified purposes:

(1) One single-family residence having not more than two stories.

[Amended 7-30-1999 by L.L. No. 7-1999; 7-31-2014 by L.L. No. 9-2014]

(2) The owner of a single-family residence must obtain a license from the Code Enforcement Officer before renting a guest room to paying guests. Such permits shall be issued on an annual basis. The Code Enforcement Officer may deny or revoke a permit if it is determined by the Code Enforcement Officer that the premises is not in compliance with the following provisions or any other requirements of this Code:

[Amended 2-20-1998 by L.L. No. 4-1998; 12-18-2009 by L.L. No. 15-2009]

(a) There must be a valid, subsisting certificate of occupancy for the one-family residence and all accessory structures.

(b) No more than four motor vehicles may be parked on site outside a fully enclosed garage between the hours of 12:00 midnight and 6:00 a.m.

(c) The exterior lighting on the premises must be in compliance with the provisions of the Village of East Hampton Outdoor Lighting Code and the provisions of Chapter 196 (Noise).

(d) The premises shall be subject to inspection by the Code Enforcement Officer.

(3) Home professional office.

(4) Home occupation.

(5) Nurseries. Nurseries, truck gardens and greenhouses, provided that any greenhouse heating plant and any building in which farm animals are kept shall be distant not less than 20 feet from any lot line.

(6) Special permit uses (for procedure, see § 278-7). Schools, public libraries, museums, churches, parish houses and Sunday school buildings, the buildings of membership clubs devoted to outdoor sports and social and recreational buildings and premises and soldiers' or sailors' memorial buildings, except those a chief is activity of which is one customarily carried on as a gainful business; and public or charitable institutional buildings not of a correctional nature.

[Amended 2-17-2006 by L.L. No. 5-2006]

(7) Accessory uses and accessory buildings.

(a) Accessory uses, buildings and structures, as defined in the definitional section, are permitted in the residential districts.

(b) (Reserved)[3]

[3] Editor's Note: Former Subsection B(7)(b), which allowed a second dwelling to be located on a lot that is already improved with a single-family residence, was repealed 2-15-2013 by L.L. No. 7-2013. This local law also provided that it shall not apply to any application for a permit to construct on a residential lot a building accessory to a single-family residence which contains dwelling accommodations, provided such application is for a permit to build pursuant to a development plan that was, on or before December 31, 2012, determined by the Zoning Board of Appeals to meet all of the requirements of § 278-2B(7)(b) of the Zoning Code as of the date of such determination.

(c) Tents used exclusively for recreational camping purposes and tents erected for not more than 21 days in any one calendar year are permitted in residential districts, provided that all other permits that may be required, including but not limited to a special events permit or a tent permit required pursuant to the codes of New York State, are obtained.

[Added 2-18-2005 by L.L. No. 3-2005; amended 5-18-2018 by L.L. No. 10-2018]

(d) One detached or attached accessory dwelling unit located on a property designated as a timber-frame landmark as defined in § 278-1, containing separate cooking and/or sleeping accommodations, provided that: i) the combined gross floor area of the building or buildings containing dwelling accommodations shall not exceed the maximum permitted gross floor area; ii) the gross floor area of such accessory dwelling unit shall not exceed 35% of the maximum permitted gross floor area or 3,000 square feet, whichever is less (unless the landmark building or an accessory structure existing at the time of the adoption of this subsection becomes the accessory dwelling, in which case the gross floor area shall not exceed 40% of the maximum permitted gross floor area or 3,700 square feet, whichever is less), and iii) the accessory dwelling unit shall not have more than four bedrooms. The height regulations of § 278-3B shall be applicable to accessory dwelling units permitted pursuant to this section.

[Added 1-18-2013 by L.L. No. 1-2013; amended 10-18-2013 by L.L. No. 21-2013]

(e) Accessory dwelling unit. One detached accessory dwelling unit designed for cooking and/or sleeping purposes, located on a property containing 60,000 square feet or more that is located in a residential district and which contains a primary single-family residence. Such accessory dwelling unit authorized in this subsection shall be limited as follows: (i) an accessory dwelling unit may have no more than two bedrooms; (ii) shall not exceed the maximum ground floor area for accessory structures, but shall be counted toward the ground floor area of the principal structure; (iii) the occupancy of an accessory dwelling unit shall be limited to the family and/or guests of the occupants of the primary single-family residence, and/or to employees working on the premises or working in the primary dwelling unit; and (iv) an accessory dwelling unit may not be rented separately from the primary dwelling unit. The accessory dwelling unit must meet the setback requirement of the principal structure. The use of any parcel of land for both a single-family residence and an accessory dwelling unit as provided in this subsection shall be a conforming use under the Code of the Village of East Hampton, and shall not be considered a prohibited use and/or nonconforming use pursuant to §278-1B(2)(e) of this Code, provided that a declaration of covenants and restrictions with respect to the parcel on which the accessory dwelling unit is located is recorded with the County Clerk which limits the use of the accessory dwelling as set forth herein. The height regulations of §278-3B shall apply to an accessory dwelling permitted pursuant to this subsection. The issuance of any building permit for such use shall require the installation of an innovative alternative septic system for all dwelling units on the subject real property.

[Added 8-20-2021 by Ord. No. 22-2021]

C. Limited Office District.

(1) Permitted uses. In any Limited Office District, a primary residential structure in existence on May 1, 1989, may be used for either two offices or one office on the first floor and one apartment on the second floor.

(2) Design Review Board approval. Before any structure located in the Limited Office District may be utilized in accordance with a permitted use, it must be approved by the Design Review Board pursuant to Chapter 121 of the Code of the Village of East Hampton.

(3) Parking.

(a) [4]One parking space shall be provided for each 200 square feet of gross floor area. Notwithstanding the above, the Design Review Board shall have the right to waive and/or restrict the above-required parking spaces pursuant to the applicable provisions of Chapter 121, Design and Site Plan Review. No payment to the Village of East Hampton Public Off-Street Parking Trust Fund shall be required in the event that any parking spaces are waived or restricted.

[Added 1-20-1995 by L.L. No. 4-1995]

[4] Editor's Note: Original Subsection C(3)(a), specifying certain parking provisions, was repealed 1-20-1995 by L.L. No. 3, 1995.

(b) The total number of employees, independent contractors and principal operators and tenants that occupy the building shall not exceed the lesser of eight or 75% of the parking spaces required by Subsection C(3)(a) above.

D. Commercial and Core Commercial Zoning Districts.

(1) Permitted uses. In any Commercial Zoning District, buildings or premises may be used in whole or in part for any purpose permitted in any residential district and also for any of the following purposes:

(a) Retail store, provided that the display and sale of all goods or merchandise is confined to the interior of the building.

[Amended 11-20-1998 by L.L. No. 20-1998]

(b) Bank.

(c) Office: business, utility, professional or sales.

(d) (Reserved)[5]

[5] Editor’s Note: Former Subsection D(1)(d), School, library, church or sports membership club, was repealed 2-17-2006 by L.L. No. 5-2006.

(e) Nursery, greenhouse.

(f) Hospital (not for the insane or feebleminded).

(g) Telephone exchange.

(h) (Reserved)[6]

[6] Editor’s Note: Former Subsection D(1)(h), Public or charitable institution, was repealed 2-17-2006 by L.L. No. 5-2006.

(i) Public parking field.

(j) Printing shop.

(k) Apartment on second floor.

(l) Restaurant, but not fast-food restaurants or drive-ins.

(m) Personal service shop: barbershop, beauty parlor, travel agency or similar shop.[7]

[7] Editor's Note: Former Subsection D(1)(n), Delicatessen, added 4-17-1992 by L.L. No. 9-1992, which subsection immediately followed this subsection, was repealed 3-20-2009 by L.L. No. 1-2009.

(n) Take-out food store.

[Added 4-17-2020 by L.L. No. 2-2020]

(2) Prohibited uses. The following uses are specifically prohibited in any Commercial Zoning District:

(a) All manufacturing garages or garages in which machinery is used, stables, junkyards, new and/or used car lots and fuel filling stations.

(b) The wholesaling of merchandise, unless it is incidental and subordinate to a business dealing primarily in retail.

(c) All manufacturing, producing, processing, fabricating, converting, altering, finishing and assembling.

(d) The storage of gas in quantities exceeding 500 cubic feet or in quantities exceeding 50 cubic feet if the pressure is greater than 100 pounds per square inch.

(e) All automobile, truck, van or other vehicle rental businesses or franchises.

(f) All fast-food restaurants or drive-ins.

(g) Tents, whether or not temporary, including tents erected as accessory structures.

[Added 2-18-2005 by L.L. No. 3-2005]

(3) Apartments. Notwithstanding the above, apartments on the second floors of commercial structures shall be permitted, provided that the following conditions are satisfied:

(a) Each apartment shall contain not less than 500 square feet nor more than 800 square feet of livable floor space.

(b) No apartment shall contain more than two bedrooms, and each bedroom shall be at least 100 square feet in size.

(c) Any structure in which an apartment is located shall contain a fire detection system in conformity with Article 12, Part 1060, of the New York State Uniform Fire Prevention and Building Code, and shall otherwise comply with all state and local building, construction and fire prevention codes affecting the Village of East Hampton.

(d) Notwithstanding anything to the contrary herein contained, no apartment shall be allowed in a building which contains a high-hazard occupancy as defined by the New York State Uniform Fire Prevention and Building Code.

E. Manufacturing-Industrial Zoning Districts.

[Amended 1-21-2010 by L.L. No. 1-2011]

(1) Permitted uses. In any Manufacturing-Industrial District, buildings or premises may be used in whole or in part for any purpose permitted in any residential zoning district or commercial zoning district and also for any of the following purposes:

(a) Warehouse: establishment used for interior warehousing and storage facilities, including self-storage facilities, but not including any outdoor storage of goods.

(b) Service trades: a place of work for building trade shops or contractors, including but not limited to electrician, plumbing, landscaping, building and construction contractors’ shops.

(c) Ice plant: establishment engaged in manufacture and/or wholesale distribution or retail sales of ice.

(d) Laundry: establishment providing self-operated machines for washing and drying clothes or an establishment in the business of cleaning clothes, fabrics or rugs.

(e) Electric distribution center: establishment primarily engaged in the distribution of electric power received from a generation facility or the transmission system to the final consumer.

(f) Repair garage: establishment primarily engaged in vehicle repair, with no facilities for the sale of fuel.

(g) Light manufacturing: establishment primarily engaged in producing products from other materials, substances or components, including food products, apparel, furniture or upholstery, signs, or woodworking, but not including any manufacturing which is likely to emit smoke, noise, odor, dust, vibration or excessive light beyond the limits of its lot.

(h) Storage garage: a commercial use of land consisting of the rental of space within a building for the storage and sheltering of motor vehicles, conveyances or other machinery or equipment, but not including any form of outdoor storage nor any repair work.

(i) Wholesale: business engaged in wholesale distribution, which may or may not have a retail component.

§ 278-3 Area, setback and height regulations.

A. Area, setback and coverage requirements.

[Amended 3-15-1991 by L.L. No. 3-1991; 5-17-1991 by L.L. No. 6-1991; 1-15-1999 by L.L. No. 1-1999; 6-16-2000 by L.L. No. 5-2000; 11-17-2000 by L.L. No. 7-2000; 3-15-2002 by L.L. No. 5-2002; 12-20-2002 by L.L. No. 19-2002; 3-21-2003 by L.L. No. 1-2003; 6-18-2004 by L.L. No. 7-2004; 3-14-2008 by L.L. No. 3-2008; 6-20-2008 by L.L. No. 5-2008; 4-17-2009 by L.L. No. 3-2009; 9-17-2010 by L.L. No. 11-2010; 5-18-2012 by L.L. No. 6-2012; 5-18-2012 by L.L. No. 9-2012; 12-21-2012 by L.L. No. 26-2012; 4-19-2013 by L.L. No. 11-2013; 6-19-2015 by L.L. No. 13-2015; 6-19-2015 by L.L. No. 14-2015; 9-18-2015 by L.L. No. 18-2015; 3-2-2017 by L.L. No. 6-2017]

(1) Area requirements. No lot or parcel of land created after the effective date of this chapter shall be smaller in size than the following:

	District	Size (square feet)
	Residence District R-160	160,000
	Residence District R-80	80,000
	Residence District R-40	40,000
	Residence District R-20	20,000

(2) Minimum building line width. Every lot created after the effective date of this chapter shall have a minimum building line width as follows:

	District	Width (feet)
	Residence District R-160	160
	Residence District R-80	160
	Residence District R-40	100
	Residence District R-20	100

(3) Principal building front yard setback requirements. These restrictions apply to all lots located in residential districts regardless of the use of the structures thereon and to all lots used solely for residential purposes regardless of the classification of the underlying zoning district. Accessory dwelling units permitted pursuant to § 278-2B(7)(d) shall comply with principal building front yard setback requirements.

(a) Except as hereinafter provided, no principal building shall extend within the following distances of any street line. Setbacks are according to the actual lot size within the following ranges:

	Lot Size (square feet)	Distance (feet)
	Less than 10,000	25
	10,000 or greater but less than 20,000	30
	20,000 or greater but less than 30,000	35
	30,000 or greater but less than 40,000	40
	40,000 or greater but less than 80,000	50
	80,000 or greater but less than 160,000	70
	160,000 or greater	80

(b) The minimum front yard setback shall be at the applicable distances set forth above. However, where an existing residence is located inside the applicable front yard setback, that portion of the lot between the existing residence and the building envelope for the width of the existing residence is exempt from the required front yard setback, provided that side yard setbacks are met.

(4) Principal building side and rear yard setbacks. These restrictions apply to all principal buildings on lots located in residential districts regardless of the use of the structures thereon and to all lots used solely for residential purposes regardless of the classification of the underlying zoning district unless otherwise exempt pursuant to Subsection A(4)(b) below. Accessory dwelling units permitted pursuant to § 278-2B(7)(d) shall comply with principal building side and rear yard setback requirements.

(a) Except as hereinafter provided, no principal building shall extend within the following distances of any side yard or rear yard property line. Setbacks are according to the actual lot size within the following ranges:

	Lot size (square feet)	Distance (feet)
	Less than 10,000	20
	10,000 or greater but less than 20,000	22
	20,000 or greater but less than 30,000	24
	30,000 or greater but less than 40,000	26
	40,000 or greater but less than 80,000	34
	80,000 or greater but less than 160,000	50
	160,000 or greater	55

(b) Notwithstanding the table above, the following structures attached or connected to a single-family residence or multifamily residence shall comply with accessory structure side and rear yard setback requirements: cellar stairwells not exceeding five-foot width and eighteen-foot length, chimneys not exceeding two-foot width and four-foot length, bulkhead enclosures not exceeding eight-foot length and five-foot width, window wells eight feet or less from the wall of a foundation, window wells not exceeding four-foot width and four-foot length, stoops not exceeding six-foot width and three-foot length. Building roof eaves may penetrate the above-described setbacks by no more than 24 inches.

[Amended 11-19-2021 by L.L. No. 29-2021]

(5) Accessory building and structure setbacks. These restrictions apply to all residential accessory buildings and structures on lots located in residential districts and to all lots used solely for residential purposes regardless of the classification of the underlying zoning district.

(a) No accessory building or structure shall extend within the following distances of any front property line. Setbacks are according to actual lot size within the following ranges:

	Lot Size (square feet)	Distance (feet)
	Less than 20,000	35
	20,000 or greater but less than 40,000	45
	40,000 or greater but less than 80,000	55
	80,000 or greater but less than 160,000	75
	Greater than 160,000	85

(b) No accessory building or structure shall extend within the following distances of any side yard or rear yard property line. Setbacks are according to the actual lot size within the following ranges:

	Lot Size (square feet)	Distance (feet)
	Less than 20,000	10
	20,000 or greater but less than 40,000	15
	40,000 or greater	20

(c) The accessory building and structure setbacks required in § 278-3A(5)(b) shall be doubled for all playing courts, swimming pools, pool equipment and pool houses, which are not eligible for the relief provided in § 278-3A(6).

(d) Retaining walls that do not exceed four feet in height as measured from natural grade, pedestrian walkways and garbage bins are exempt from the above-described setbacks but shall be set back a minimum of three feet from any front, side or rear property line.

(e) Fences, gates, driveways and one postman's walkway are exempt from all setback requirements under this chapter, but not the setback requirements of Chapter 101, Chapter 124 or Chapter 163.

(f) No portion of a detached garage shall be placed anywhere within a front yard.

(g) Dry wells and leaching pools installed for the purpose of controlling or retaining stormwater runoff or swimming pool discharge are exempt from the above described setbacks, but shall be set back a minimum of five feet from any front yard, side yard or rear yard property line and are not exempt from the setback requirements of Chapter 101, Chapter 124 or Chapter 163.

[Added 9-15-2017 by L.L. No. 15-2017]

(6) Relief provisions. In the case of lots which are nonconforming to current building line width as determined in § 278-3A(2), each side yard setback shall be reduced to 20% of the average lot width. The calculation shall be the average of two chords measured at the required front lot width and the required rear lot width. The minimum rear yard setback shall be at the applicable distance set forth in the table above or at a distance from the rear lot line equal to 20% of the average lot depth. This calculation shall be based upon the lot depth measured as two chords at the required side yard setback requirements. The flag pole portion of a flag lot shall not be used in calculating relief provisions. Diagrams illustrating the method of calculating the relief provisions are included at the end of this chapter as an attachment.

(7) Ocean dune setbacks. Except as hereinafter provided, no building or structure shall be located within the following distance of a natural contour line at its nearest point to the mean high water mark of the Atlantic Ocean at the following elevation above the mean high water mark (See Chapters 101 and 124 of this Code for additional requirements.):

	Location	Distance (feet)	Elevation (feet)
	To the west of Old Beach Lane	100	15
	To the east of Old Beach Lane	25	20-foot continuous line

(8) Freshwater wetland setbacks. Except for docks, none of the following structures or activities shall be located within the following distances of the landward edge of any freshwater wetland (See Chapter 163 of this Code for additional requirements.):

	Structure or Activity	Distance (feet)
	Building	150
	Septic or discharge system	200
	Clearing of land, landscaping or fertilization	125

(9) Permitted coverage.

(a) Except as otherwise provided, the maximum permitted coverage for all structures on any lot or parcel of land in a residential district shall be 20% of lot area, except lots whose size is less than 40,000 square feet, which may have a maximum permitted coverage of 20% of lot area plus 500 square feet.

[Amended 8-20-2021 by Ord. No. 23-2021]

(b) Driveways serving residential property, walkways over dunes, and a postman's walkway are exempt from coverage.

[Amended 8-20-2021 by Ord. No. 23-2021]

(c) The maximum permitted coverage for all structures on any lot or parcel of land in the Commercial or Manufacturing-Industrial District shall be 60%. The maximum permitted coverage for all structures on any lot or parcel of land in the Core Commercial District shall be 80%.

(10) Fences and gates.

(a) No fence or gate shall be greater than 12 inches in depth, including its footing, or extend more than six feet in height as measured from natural grade, which shall not include any berms, preexisting or otherwise, except for fences designed in accordance with the following subsection.

(b) Posts supporting the fence may extend to not more than eight feet in height as measured from natural grade, provided they are not less than six feet apart, and smooth, nonelectric, dark or neutral-colored wire may be strung horizontally between the posts at a separation of at least 12 inches for a total height not in excess of eight feet from the natural grade.

(c) All fences shall have the face or finished side thereof facing the property line of the adjacent owner or adjacent street. The Building Inspector shall designate which side of the fence is the finished or face side of the fence.

(d) No component of a gate or gate key pad shall be located within a Village, county or state street right-of-way.

(11) Single-family residence district design standards.

[Amended 11-19-2021 by L.L. No. 28-2021]

(a) The total area of any cellar extending beyond the exterior wall of the first story of the building in which it is located shall not exceed 25% of the gross floor area of the first floor. That portion of the cellar which extends beyond the exterior wall of the first story of the building in which it is located shall count toward coverage limits.

(b) No cellar shall extend more than 15 feet below natural grade.

(c) 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 a single-family residence. The setback of any part of a cellar shall be the same as the structure under which it is located.

(d) Any enclosed hallway, conditioned breezeway or other design element that functionally connects otherwise detached buildings shall have a width no less than half of its length.

(12) A single-family residence in a commercial or manufacturing district is subject to the dimensional requirements applicable to a lot of the same size in a residential zoning district.

(13) One-family and two-family detached dwellings.

(a) The maximum gross floor area for one-family and two-family detached dwellings, as permitted in all residential districts, shall be 10% of the lot area plus 1,000 square feet or 20,000 square feet, whichever is less.

[Amended 8-20-2021 by Ord. No. 20-2021

(b) Where a lot is improved with one or more one-family or two-family detached dwellings and/or where a lot is improved with a separate detached building or buildings containing cooking or sleeping facilities, regardless of whether each such building is suitable for occupancy by a separate family as an independent dwelling unit, the gross floor area of all such buildings shall be combined and includable within the maximum gross floor area permitted pursuant to this section.

(14) The maximum gross floor area for commercial buildings in all zoning districts shall be 10,000 square feet. For purposes of this section, if multiple buildings on the same lot or adjacent lots are operated as a single business, operation or enterprise or if the business or businesses within such individual buildings are owned, operated or controlled by a single entity, either directly or through affiliates, the maximum building area shall apply to all such buildings in the aggregate.

(15) In commercial buildings, the use of attics for any purpose other than storage or mechanical equipment is prohibited.

[Amended 1-21-2022 by L.L. No. 3-2022]

(16) The installation of design modifications and accessibility improvements shall be exempt from any applicable front, side and rear lot setback or lot coverage requirements.

(17) Tennis courts and pickleball courts on residential property.

[Added 4-28-2023 by L.L. No. 6-2023]

(a) Tennis courts and pickleball courts are only permitted on lots containing a minimum area of 60,000 square feet.

(b) Tennis courts and pickleball courts shall be constructed at least four feet below grade when measured from the lowest adjacent natural grade.

(c) Pickleball courts shall be surrounded on three sides by a six-foot sound attenuation wall, placed no further than 10 feet from the edge of the court, constructed of a minimum of 3/4-inch solid boards, and with the middle section of the wall on the court side closest to the nearest adjoining property line, or at the discretion of the building inspector, a similar product with at least the same dbA noise-reduction impact may be used in lieu of solid fencing provided height from the court surface is at least six feet and the AcoustiFence covers three sides.

(18) Lighting.

[Added 4-28-2023 by L.L. No. 6-2023]

(a) No playing court on residential property shall contain lighting or illuminations.

B. Height regulations.

[Amended 12-20-2002 by L.L. No. 19-2002]

(1) Measurement. The height of a building or structure shall be measured from the average existing natural ground level within 10 feet of the building to the highest point of the roof or of any other structure on the roof, except chimneys. In determining average natural ground level, the level of driveways, areaways and entrances of abrupt change in elevation totaling 10% or less of the wall shall not be included. To determine natural ground level, the Building Inspector may require a topographical survey in two-foot increments.

[Amended 3-18-2005 by L.L. No. 7-2005]

(2) Residence districts.

[Amended 10-19-2012 by L.L. No. 23-2012]

(a) No principal residence or dwelling shall have a height exceeding the following limits:

[Amended 2-15-2013 by L.L. No. 8-2013; 7-31-2019 by L.L. No. 8-2019]

Parcel Size (square feet)	Height A (feet)
Less than 10,000	29
10,000 or greater but less than 20,000	30
20,000 or greater but less than 30,000	32
30,000 or greater but less than 40,000	33
40,000 or greater but less than 80,000	34
80,000 or greater but less than 160,000	35
160,000 or greater	36

(b) Within nine feet of the maximum permitted roof height an area equivalent to no more than 15% of the gross floor area on the first floor of the building shall be permitted to have a low pitch roof. Any low pitch roof area within nine feet of the maximum height limit shall be indicated on a two-dimensional roof plan and measured to the outside of the roof edge (drip line). Safety railings required by New York State statutes, codes, rules and regulations not exceeding 12 inches in width shall not be included in calculation of height.

[Amended 8-20-2021 by Ord. No. 21-2021]

(c) No low pitch roof area within nine feet of the maximum permitted roof height shall be located closer to a lot line than the permitted setback plus six feet.

(d) There shall be no average calculation of a roof pitch (using a steep pitch and a shallow pitch to arrive at an average pitch); however, the pitch of a conical, bell or dome cap shall be calculated as the average of slopes taken at six-inch intervals.

(3) Commercial Districts. No flat-roofed building or structure shall exceed two stories or have a height exceeding 30 feet, and no building or structure with a roof other than a flat roof shall exceed two stories or have a height exceeding 35 feet. A "flat roof" is defined as a roof having no more than six inches of rise over 12 inches of run.

(4) Manufacturing-Industrial Districts. No flat-roofed building or structure shall exceed two stories or have a height exceeding 30 feet, and no building or structure with a roof other than a flat roof shall exceed two stories or have a height exceeding 35 feet.

C. Lighting. There shall be no lighting of private tennis courts or private basketball courts within the residential areas of the Village.

[Added 9-16-1994 by L.L. No. 32-1994]

D. Accessory building and structure design requirements.

[Added 3-15-2002 by L.L. No. 6-2002; amended 10-19-2012 by L.L. No. 23-2012; 1-18-2013 by L.L. No. 1-2013; 6-6-2013 by L.L. No. 14-2013; 6-19-2015 by L.L. No. 15-2015; 3-2-2017 by L.L. No. 6-2017]

(1) No accessory building shall contain more than one room or, except for a garage or an accessory building permitted pursuant to § 278-2B(7)(d), exceed 250 square feet in gross floor area.

(2) Pool house design requirements.

(a) A pool house or any portion of an accessory structure dedicated to such use shall not exceed 250 square feet of gross floor area.

(b) Interior plumbing fixtures shall be limited to a sink plus one powder room.

(c) Pool houses shall not contain indoor showers.

(d) All plumbing fixtures shall drain to a sanitary system in a conforming location.

(e) Pool houses shall not be insulated and/or heated, nor shall any pool house contain cooking or sleeping facilities.

(3) A ground level pool house may be attached to an existing or proposed garage or located within a preexisting accessory structure in excess of 250 square feet of gross floor area when the following criteria are met:

(a) The preexisting accessory structure or the garage conforms with the required setbacks of § 278-3A(5)(c) and those of Chapter 101, Coastal Erosion Areas; Chapter 124, Preservation of Dunes; and Chapter 163, Freshwater Wetlands.

(b) There is no proposed enlargement of the preexisting accessory structure, unless the preexisting accessory structure is used solely as a garage with or without storage areas.

(c) The portion of the accessory structure to be utilized as a pool house is restricted to said use.

(d) The remaining portion of the preexisting accessory building is used as a garage or storage area and conforms with building and fire codes.

(e) The property owner shall file a declaration of compliance with this subsection and shall authorize an annual inspection by the Code Enforcement Officer on 24 hours' notice.

(4) Garage design requirements:

(a) No habitable space, toilet, shower or bathtub shall be permitted inside a garage on any level.

(b) No plumbing of any kind shall be permitted on the second floor over a garage.

(c) A garage shall be accessible by an improved driveway, designed and capable for use for the storage of motor vehicles owned and regularly used by or on behalf of the owner or tenant of the lot.

(5) No pedestrian walkway, as defined in this chapter, shall be located within 10 feet of a swimming pool, nor shall it be designed or intended to be used as a patio, deck or similar accessory structure.

(6) No accessory building shall exceed 14 feet in height, except a garage, which shall not exceed the following height limitations or the height limitations under § 278-3B(2), whichever is less.

(a) On lots of less than 10,000 square feet, a garage shall not exceed 16 feet in height.

(b) On lots greater than 10,000 square feet, but not more than 20,000 square feet, a garage shall not exceed 18 feet in height.

(c) On lots of more than 20,000 square feet, a garage shall not exceed 20 feet in height.

(7) The maximum gross floor area of all accessory buildings on a lot shall not exceed 2% of the lot area plus 200 square feet.

[Amended 8-20-2021 by Ord. No. 20-2021]

E. Transitional yards and screening. The following minimum required transitional yards and screening shall be provided on all lots in nonresidential districts that adjoin a residential district, except for those lots which adjoin nonresidential uses located within a residential zoning district, and on all lots within a residential district that are used for any use other than a one-family residential use, excluding those that adjoin nonresidential uses, in order to assure orderly and compatible relationships between residential and nonresidential properties.

[Added 6-21-2002 by L.L. No. 12-2002; amended 4-16-2010 by L.L. No. 4-2010]

(1) Minimum required transitional side and rear yards shall be 30 feet, or, in residential districts, the otherwise applicable principal structure setback, whichever is greater. No structure and no parked motor vehicles shall be permitted in a required transitional yard.

[Amended 11-15-2013 by L.L. No. 23-2013; 3-2-2017 by L.L. No. 6-2017]

(2) Screening, such as fencing and/or landscape plantings, as approved by the Design Review Board, shall be installed and maintained in all required transitional side and rear yards. The purpose of the screening is to reduce to the greatest extent practicable the effects of the noise and light generated by nonresidential uses and their associated accessory uses, including parking, on adjacent residential properties. The Design Review Board shall require fencing and/or screening adequate to achieve this purpose, which may include a six-foot-tall fence along the property line(s) and an evergreen buffer a minimum of 20 feet wide, installed and maintained along the entire length of each residential property.

F. On-site parking requirements for residential uses. Every lot used for a residential use shall provide on-site parking for a minimum of two vehicles.

[Added 3-21-2003 by L.L. No. 2-2003]

G. Window displays in commercial buildings. The owner or tenant of every commercial premises that is vacant, which shall be deemed to include any unit that is closed for business for a period of more than two weeks, shall maintain a display in every ground-level or first-floor window facing a public right-of-way during the period of vacancy. The display may be of merchandise or it may consist of the installation of a screen with graphics or posters placed at least four feet inside the windows. Examples of displays that will meet these requirements without the necessity for any permit applications can be found in the Guidelines for Vacant and Closed Stores, available at Village Hall. When a real estate or contractor's sign is posted in a window of such premises, it shall be posted only in a lower corner on either side of the window.

[Added 6-7-2012 by L.L. No. 10-2012]

§ 278-4 Signs.

A. General.

(1) No sign shall be displayed unless in compliance with this section of the Code of the Village of East Hampton.

[Amended 5-15-1998 by L.L. No. 6-1998]

(2) Each commercial structure shall be entitled to a sign which shall only advertise the business conducted on the premises.

(3) All commercial signs shall be placed on that portion of the structure in which the commercial activity listed in the sign is located, except directory signs, where permitted.

[Amended 1-20-2012 by L.L. No. 1-2012]

(4) Approval for all commercial signs and awnings must be obtained from the Design Review Board pursuant to Chapter 121 of the Code of the Village of East Hampton.

[Amended 10-2-1991 by L.L. No. 11-1991]

B. Size.

[Amended 4-17-1992 by L.L. No. 9-1992; 5-15-1998 by L.L. No. 6-1998; 3-18-2005 by L.L. No. 10-2005]

(1) Where a commercial establishment occupies the ground floor of a commercial structure, it shall be entitled to a total sign area, including window signs, not to exceed one square foot for each horizontal foot of the storefront of that establishment, up to a maximum of 60 square feet. For the purpose of calculating sign area, the storefront of an establishment is the length of exterior wall corresponding to the ground floor space occupied by that establishment along the wall that contains its primary entrance. If an establishment has a second public entrance on a second wall, an additional sign area of a half square foot for each horizontal foot of that second storefront, up to a maximum of 40 square feet, shall be allowed as long as such additional sign area appears on that second storefront. No one sign shall exceed 30 square feet in area. Said sign or signs shall not project more than one foot from said wall and shall not be more than 20 feet above ground level.

[Amended 7-1-2005 by L.L. No. 15-2005]

(2) Where a commercial establishment occupies the second floor of a commercial structure, it shall be entitled to a nameplate at the ground floor level access. In addition, it shall be entitled to one of the following permissible areas:

(a) Two nameplates in second-floor windows, not to exceed two square feet in total size.

(b) One sign affixed to the second story exterior of the structure, not in excess of nine square feet.

(3) The area of a sign shall be measured by the area of the largest rectangle required to enclose the sign or each face of a two-faced sign.

(4) Window signs shall not occupy more than 25% percent of the window area.

(5) Where one or more commercial establishments is accessed from Main Street, Newtown Lane or Park Place, but lacks frontage on any of those streets, a directory sign shall be permitted on the side of the building next to the street or streets from which access is taken. The directory sign may contain the name of a building or alleyway, one nameplate for each business and a directional arrow. Nameplates shall display the name of the business only. The total area of the directory sign, including the signboard, all trim, building name, place name, directional information and all business names shall not exceed two square feet per business. Directory signs shall be uniform in color and design. The area of the directory sign shall be subtracted from the allowable sign area of the storefront to which it is affixed.

[Added 1-20-2012 by L.L. No. 1-2012]

C. Permits for signs.

(1) Permanent signs.

(a) No person, firm or corporation shall erect, post, affix or maintain any sign, except as specifically permitted by this section, unless a permit has been granted therefor pursuant to Chapter 121 of this Code.

(b) A permit shall be granted for any sign or awning complying with the provisions of this section upon submission to the Building and Zoning Code Enforcement Officer of a completed application together with a fee of $25.

[Amended 10-2-1991 by L.L. No. 10-1991; 9-18-1998 by L.L. No. 16-1998]

(c) Every application for a sign permit shall be in writing, signed by the applicant, and shall be accompanied by a plan, in duplicate, showing the following:

[1] The size of the sign.

[2] The width of the structure on which the sign is to be located.

[3] The color, lighting, if any, and location of the sign.

[4] The type of construction and the method of attachment, both of which are subject to the approval of the Building Inspector.

(2) Temporary signs.

[Amended 7-30-1993 by L.L. No. 10-1993]

(a) Permits shall be issued without a fee for temporary signs for public benefit, provided that such temporary signs shall not exceed an area of 32 square feet and shall not be maintained for a period exceeding 20 days.

(b) Said permits shall be issued by the Building Inspector upon written application indicating the nature and number of signs proposed.

(3) Exceptions. The following signs shall be permitted without a permit, but may not be placed in any road, roadway right-of-way or on any other public property except as provided in § 250-9A:

[Amended 6-15-1990 by L.L. No. 5-1990; 3-15-1991 by L.L. No. 4-1991; 7-31-1991 by L.L. No. 7-1991; 7-30-1993 by L.L. No. 10-1993]

(a) Real estate signs. No more than one real estate sign may be placed within the boundaries of a lot that is for sale or rent, unless the lot to be sold or rented has no street frontage, in which case the sign may be placed within the area of a privately owned access easement. The sign shall have a maximum area of 18 inches by 18 inches and may have lettering on only one side. No objects shall be appended to the sign. It shall be posted parallel to the street. The top of the sign shall be posted at a height of not more than three feet above finished grade, including posts and frame, unless, in the case of commercial premises, it is posted in a window. The sign must be removed no later than the date of the transfer of the property.

[Amended 10-18-2002 by L.L. No. 18-2002; 6-15-2007 by L.L. No. 8-2007; 3-16-2012 by L.L. No. 4-2012[1]]

[1] Editor's Note: This local law provided that it would take effect upon filing with the Secretary of State but not before 6-1-2012.

(b) Subdivision and acreage signs. For each subdivision or each parcel of land containing more than five acres, one nonilluminated sign not exceeding six square feet in area. These signs shall not be more than three feet in height and they shall only advertise the premises upon which they are placed.

[Amended 2-20-1998 by L.L. No. 3-1998]

(c) Professional signs. These signs may not exceed two square feet in area and shall only bear the name and profession of the resident practitioner.

(d) Educational or religious institutional signs. These signs may not exceed 16 square feet in area and shall only indicate the name and address of the institution, together with other pertinent information.

(e) One sign per property announcing that the property on which the sign is posted is protected by a security system, provided that said sign does not exceed one square foot in size.

(f) Builder’s, contractor’s and landscaper’s sign. For each lot for which a building permit has been issued and is in effect, one sign announcing or listing the builders, contractors, landscapers, subcontractors and material suppliers working on the lot pursuant to said building permit may be installed, which shall be one-sided only and may not exceed 18 inches by 18 inches in area, the top of which shall not be more than three feet in height over finished grade, including posts and frame, unless, in the case of commercial premises, it is posted in a window. The sign shall be placed only parallel to the street. Notwithstanding the above, lots situate in the Historic District (Zone) shall first receive approval of the Design Review Board to erect a builder’s or contractor’s sign as set forth above. A builder’s or contractor’s sign shall be removed prior to the earlier of the issuance of a certificate of occupancy or completion of work for the work covered in the permit.

[Amended 6-15-2007 by L.L. No. 8-2007; 3-16-2012 by L.L. No. 4-2012[2]]

[2] Editor's Note: This local law provided that it would take effect upon filing with the Secretary of State but not before 6-1-2012.

(g) Temporary legal notices.

[Amended 3-18-2005 by L.L. No. 10-2005]

(h) House number of residence in compliance with § 104-11E.

(i) Names of the residents. For each residence one sign may be erected not exceeding four square feet listing the names of the residents occupying the residence.

(j) Decals affixed to windows or doors of commercial premises, provided that such decals do not occupy more than two square feet.

[Added 5-15-1998 by L.L. No. 6-1998]

(k) Window signs on commercial premises pertaining to special sales or special events directly related to the business conducted on the subject premises, provided that such signs are not maintained for more than 21 days in a three-month period and provided that such signs do not, together with permanent window signs on such premises, occupy more than 25% of the window area.

[Added 5-15-1998 by L.L. No. 6-1998]

(l) Signs on commercial premises stating hours of operation, provided that such signs do not occupy more than one square foot.

[Added 5-15-1998 by L.L. No. 6-1998]

D. Prohibited signs.

[Amended 1-18-1991 by L.L. No. 1-1991; 7-30-1993 by L.L. No. 10-1993]

(1) No sign shall be located on the roof of any structure.

[Amended 3-18-2005 by L.L. No. 10-2005]

(2) No signs shall be flashing, mobile, reflecting or made of cloth.

[Added 5-15-1998 by L.L. No. 7-1998]

(3) The intent of the Village in adopting this subsection is to eliminate all neon and neon-type light from the Village, therefore:

[Added 9-20-1996 by L.L. No. 20-1996]

(a) No sign or window sign of neon or neon-type shall be permitted on the exterior of a building or within a building such that it is directly visible as viewed from a public right-of-way or any area outside the building.

(b) All signs and designs consisting of glass tubing or other tubular arrangements containing gases which when permeated by an electrical charge result in the production of light shall be considered neon type.

(c) Neon signs in place as of August 15, 1996, may continue to be maintained, but may not be altered, enlarged, extended, relocated or modified in any way.

(4) No signs or other advertising structures used to advertise or attract the attention of the public shall be displayed out of doors, except as permitted in this section.

(5) No back-lit awnings, whether containing advertising material or signage, shall be permitted.

(6) No signs or other advertising structures used to attract the attention of the public shall be located in any public place, road, roadway, right-of-way or on any other public property except as permitted in § 250-9A.

(7) Internally illuminated signs.

[Added 5-15-1998 by L.L. No. 7-1998]

(a) No internally illuminated signs shall be permitted. Internally illuminated signs are signs, other than exit signs or others required by law to be internally illuminated, in which there is a source of illumination inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source.

(b) Lawfully existing internally illuminated signs in place as of March 20, 1998, may continue to be maintained but may not be altered, enlarged, extended, relocated or modified in any way.

(c) Internally illuminated vending machines must be located inside a building and must not be visible from the exterior of the building.

E. Detached and ground signs.

(1) Detached and ground signs, excepting professional and temporary signs, are permitted in Commercial and Manufacturing-Industrial Districts. Such signs shall not exceed 16 square feet in area, except that both sides of a two-sided sign may have an aggregate area of not more than 24 square feet in area. The calculation of the area of such signs shall include the area of the structure supporting the sign, except that a structure of not more than two posts and one horizontal member (all not greater than five inches by five inches in cross-section), shall be excluded in the area calculation. Such signs shall not exceed eight feet in height above ground level and shall advertise only the business or businesses conducted on the property upon which the sign is located.

[Amended 8-21-1998 by L.L. No. 13-1998; 3-18-2005 by L.L. No. 10-2005]

(2) No business or group of businesses on a single parcel of property shall be allowed more than one detached or ground sign. The square footage of any detached or ground sign shall be debited against the total wall sign surface area permitted pursuant to the provisions of this chapter.[3]

[Amended 8-21-1998 by L.L. No. 13-1998]

[3] Editor's Note: Former Subsection E(3), which immediately followed, regarding pylon or pole signs, was repealed 3-18-2005 by L.L. No. 10-2005.

F. Marquees and signs thereon. No marquee shall be erected over any public street or sidewalk without the permission of the Board of Trustees as provided in Chapter 250, Streets and Sidewalks, § 250-13.

[Amended 7-30-1993 by L.L. No. 10-1993]

G. Awning sign. An awning sign is any visual message incorporated into an awning attached to a building.

[Added 12-15-1995 by L.L. No. 32-1995]

(1) No sign shall project from an awning.

(2) Awning graphics may be painted or affixed flat to the surface of the front or side valance and shall indicate only the name of the enterprise or premises. No description of products or services, addresses, telephone numbers or the like are permitted.

(3) Awning graphics shall be a single line of lettering and shall be debited against the total permitted wall sign surface area. (See § 278-4B.)

H. Externally illuminated signs. Signs, if illuminated, shall be illuminated only by a white, steady, external, stationary light. The light shall be shielded and directed in such a manner that no glare shall extend beyond the property lines or disturb the vision of passing motorists or constitute a hazard to traffic.

[Added 5-15-1998 by L.L. No. 7-1998]

§ 278-5 Swimming pools.

A. Definitions. For the purpose of this section, certain words and terms shall have the following meanings:

DRAINAGE

All swimming pools shall contain adequate facilities for drainage of said pools. Drainage shall be accomplished with a dry well, or series of dry wells set in sand, which shall be capable of draining the pool within 12 hours and which shall in no event permit or allow overflow of the water from the swimming pool into or onto adjoining properties or streets.

FENCE

All pool fencing shall comply with all the current requirements of the Uniform Fire Prevention and Building Code of New York State.

[Amended 9-19-2008 by L.L. No. 9-2008; 9-15-2017 by L.L. No. 16-2017]

B. Permit required. No swimming pool shall be constructed until a building permit has been issued by the Building Inspector. Upon application for said permit, the applicant shall provide plans and specifications showing the following:

(1) A fence and proper drainage facilities.

(2) The housing of filter units and heating units, if any.

(3) The pool shall be staked by a surveyor prior to excavation.

[Added 9-15-2017 by L.L. No. 16-2017]

C. No person, firm or corporation shall:

[Added 9-19-2008 by L.L. No. 9-2008]

(1) Permit or allow overflow of the water from the swimming pool into or onto adjoining properties or streets.

(2) Maintain a swimming pool without the required fencing.

(3) Maintain pool equipment unless it is fully enclosed.

§ 278-6 Parking requirements.

[Amended 2-2-1995 by L.L. No. 5-1995; 2-2-1995 by L.L. No. 6-1995; 2-2-1995 by L.L. No. 7-1995; 2-2-1995 by L.L. No. 8-1995; 2-2-1995 by L.L. No. 9-1995; 2-2-1995 by L.L. No. 10-1995; 2-2-1995 by L.L. No. 11-1995; 3-3-1996 by L.L. No. 7-1996; 12-18-1998 by L.L. No. 21-1998]

A. Definitions. For the purpose of this section, certain words and phrases shall have the following meanings:

INTENSIFICATION

Any principal or accessory structure or use of a property, which is hereafter introduced, changed, extended, expanded or altered. Intensification shall not include the reconstruction of an existing building; change of use from a nonconforming use to a permitted use; or a change of use to a different permitted use having the same parking requirements.[1]

[Amended 8-20-2021 by Ord. No. 25-2021]

LOADING BERTH

An off-street space sufficient in size to permit the loading and unloading of vehicles and having an area of not less than 480 square feet.

PARKING SPACE

A dust-free, off-street space sufficient in size to accommodate one parked motor vehicle and having an area of not less than 180 square feet.[2]

UNIT

(1) For the purpose of computing parking in accordance with this section, a "unit" shall be defined as that portion of the gross floor area of a building or structure:

(2) Set apart by a partition or wall.

(3) Lawfully existing as a separate place of business.

(4) Having a separate and dedicated means of egress in compliance with building and fire codes. However, a storage area shall not constitute a "unit."

(5) For those properties where it is not possible to provide additional parking in accordance with applicable provisions, the gross floor area and number of existing units on each floor shall be maintained or reduced. However, where the owner of property in a commercial or manufacturing district has voluntarily reduced the number of units in a building from the number of units set forth on a certificate of occupancy, the property owner shall retain the right, at a later date, to reinstitute the same number of units authorized by the previously issued certificate of occupancy.

[Amended 12-18-2009 by L.L. No. 14-2009]

(6) The Code Enforcement Officer shall have the authority to render a determination in regard to the application of this definition. Where the criteria of this definition is not adequate to render such a determination, the Code Enforcement Officer shall rely upon such evidence as building permits, certificates of occupancy and on-site inspections as well as building and fire codes.

[Amended 12-18-2009 by L.L. No. 14-2009]

[1] Editor's Note: The former definition of "gross floor area," which immediately preceded this definition, was repealed 3-15-2013 by L.L. No. 10-2013. See § 278-1, Definitions.

[2] Editor’s Note: The former definitions of “special permit, commercial” and “special permit, noncommercial,” which immediately followed this definition, were repealed 11-21-2014 by L.L. No. 23-2014.

B. General provisions.

(1) The requirements of this section shall apply to all nonresidential properties and districts throughout the Village of East Hampton, including any and all properties subject to the issuance of a special permit.

(2) In the interest of pedestrian and traffic safety and in order to alleviate an undue burden on public streets and minimize traffic congestion, any project which constitutes an intensification as defined herein shall comply with the applicable parking requirements of this section.

[Amended 5-16-2003 by L.L. No. 5-2003; 6-17-2005 by L.L. No. 14-2005; 3-17-2006 by L.L. No. 9-2006; 8-20-2021 by Ord. No. 25-2021]

(3) Preexisting nonconforming commercial uses shall comply with the same parking requirements as would otherwise apply to that use were it located in the Commercial or Manufacturing-Industrial District.

[Amended 11-21-2014 by L.L. No. 23-2014]

(4) Special permit uses shall be subject to the provision of reasonably adequate and appropriate parking as required by § 278-7D(3)(g).

[Amended 11-21-2014 by L.L. No. 23-2014]

(5) Size of parking spaces. Each parking space shall be a minimum of 10 feet in width and 18 feet in length or, at the discretion of the Design Review Board, a minimum of nine feet in width and 20 feet in length.

(6) On-site circulation. All parking, loading and necessary circulation is to be accommodated on site. All parking spaces and loading berths shall be accessed by adequate driveways and turnarounds. Stacked parking and the use of public rights-of-way for immediate access to parking and loading is expressly not permitted.

(7) Driveways and turnarounds. Aisles between rows of parking shall be no less than 24 feet wide. Minimum driveway width shall be 10 feet in width for one-way traffic and 20 feet in width for two-way traffic. All uses in the Limited Office District, together with all noncommercial special permit uses, shall be exempt from this requirement.

(8) Parking on separate properties. Parking requirements for one piece of property may be satisfied by providing equivalent parking space on adjacent or neighboring property within 600 feet, as long as both pieces of property are in identical ownership.

(9) Handicapped parking.

(a) The number of handicapped parking spaces in each parking lot shall be in accordance with the following table:

	Total Spaces on Lot	Handicapped Spaces
	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 to 1,000	2% of total
	Over 1,000	20, plus 1% over 1,000

(b) A shopping center or facility having at least five separate retail stores and at least 20 off-street parking spaces shall have a minimum of 5% of such parking spaces for the handicapped or 10 spaces, whichever is less.

(10) Exemptions. A bulk fuel storage tank shall not be deemed a structure for the purposes of this section.

C. Commercial District and Core Commercial District. Where the application of the following requirements results in a fractional number, the required number of spaces will be rounded off to the next highest number. Wherever the parking requirement is based on the number of seats, a seating plan is required to be submitted in connection with any application for a building permit for such premises.

(1) The following requirements shall apply for restaurants, bars, nightclubs, discos, dance halls and places of public assembly:

(a) Restaurants: one parking space per three seats, plus one parking space per employee.

(b) Bars, nightclubs, discos and dance halls: two parking spaces per three seats, Plus one parking space per employee.

(c) Places of public assembly: one parking space per three seats, plus parking space per employee.

(2) Apartments: two parking spaces per apartment.

(3) All other uses permitted in the Commercial District and Core Commercial District shall provide one parking space for each 200 square feet of gross floor area.

[Amended 8-20-2021 by Ord. No. 25-2021]

D. Manufacturing-Industrial District.

[Amended 2-3-2011 by L.L. No. 2-2010]

(1) All uses permitted in the Manufacturing-Industrial District which are also permitted in the Commercial District shall follow the parking requirements for the Commercial District.

(2) All uses permitted exclusively in the Manufacturing-Industrial District shall provide one parking space per each 300 square feet of gross floor area and one loading berth per each 10,000 square feet of gross floor area, except for repair garages, which shall provide one parking space per each 200 square feet of gross floor area.

(3) Mixed uses, where one or more element of an enterprise is devoted to a use permitted in the Commercial and Core Commercial Districts and one or more element is devoted to a use permitted solely in the Manufacturing-Industrial District, shall provide the number of parking spaces commensurate with the percentage of gross floor area devoted to each use, except that if any portion of a building is used for retail sales, one parking space for each 200 square feet of gross floor area shall be provided.

(4) Notwithstanding any other provision of the Code of the Village of East Hampton to the contrary, for any mixed use located within 500 feet of a public mass transportation facility which contains workforce housing, no parking requirement shall be imposed for any gross floor area devoted to the workforce housing.

[Added 8-20-2021 by Ord. No. 25-2021]

§ 278-7 Board of Appeals; variances; special permits; fees. [1]

A. Board continued. The Board of Appeals created by the Board of Trustees, adopted on May 19, 1925, and in continuous existence since that time, is hereby continued.

[Amended 10-2-1991 by L.L. No. 9-1991]

(1) The Village Board of Trustees, at any time after the effective date hereof, may appoint to the Zoning Board of Appeals two alternate members.

(2) Role of alternate members. Alternate members shall, if appointed, serve in place of any member of the Zoning Board of Appeals who is absent or unable to attend a public hearing of the Zoning Board of Appeals. In the event that one of the alternate members does serve in place of a Board member, said alternate Board member shall serve in place of that Board member for the duration of the application (i.e., from the initial hearing of the concerned application to the ultimate decision and any rehearing thereof), and said alternate Board member shall ultimately cast one vote in connection with that application.

(3) Terms of members. The current members of the Zoning Board of Appeals and their terms of office shall continue as heretofore established. In addition, if, after the effective date of this chapter, the Village Board of Trustees shall at any time appoint the two alternate members authorized hereunder, one shall serve for a term of two years, and one shall serve for a term of three years. Upon expiration of the terms of all present members and the terms of the two additional members authorized to be appointed hereby, all terms shall be of five years' duration.

(4) Other. The method of appointment, terms of office and tenure of members shall be as prescribed by § 7-712 of the Village Law, unless and until this section shall have been amended pursuant to the authority of the Village Board of Trustees under the Municipal Home Rule Law.

B. Jurisdiction. The Board of Appeals shall have jurisdiction to hear and decide the following:

(1) Appeals. Applications brought by aggrieved persons from interpretations of provisions of this chapter made by the Building Inspector or from other determinations made by him.

(2) Interpretations. Applications brought directly to the Board of Appeals by any local agency for interpretations of provisions of this chapter.

(3) Variances. Applications brought by persons for variances from the strict application of provisions of this chapter or of Chapter 163 of this Code.

(4) Special permits. Applications brought by persons for special permits.

C. Variances.

[Amended 4-17-1992 by L.L. No. 9-1992; 6-20-1997 by L.L. No. 12-1997]

(1) Use variances. “Use variances” shall mean the authorization of the Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter, including but not limited to the conversion of a nonconforming use to a use other than one which is more conforming.

[Amended 11-21-2014 by L.L. No. 21-2014]

(a) No use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that, for each and every permitted use under the zoning regulations for the particular district where the property is located:

[1] The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.

[2] The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.

[3] The requested use variance, if granted, will not alter the essential character of the neighborhood.

[4] The alleged hardship has not been self-created.

(b) The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(2) Area variances. "Area variances" shall mean the authorization by the Board of Appeals for the use of land which is not allowed by the dimensional or physical requirements of this chapter.

(a) In making its determination, the Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board of Appeals shall also consider:

[1] Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the grant of the area variance.

[2] Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.

[3] Whether the requested area variance is substantial.

[4] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

[5] Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of an area variance.

(b) The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(c) Additional requirements for variances to § 278-6C and D shall be as follows:

[1] In addition to the criteria set forth above, the Board of Appeals, before granting a variance from the parking requirements in the business districts, shall also make an affirmative finding that the applicant has demonstrated practical difficulty and that significant economic injury would result from a denial thereof.

[2] Every decision of the Zoning Board of Appeals which grants a variance from the parking space requirements of § 278-6C and D for off-street parking shall clearly set forth the nature and extent of the reduction by specifying the number of spaces required to be provided pursuant to said section and the number of spaces required to be provided by the Zoning Board of Appeals, with the difference constituting the number of spaces for which the variance is granted.

[3] Every determination granted by the Zoning Board of Appeals which varies the requirements of § 278-6C and D for off-street parking, except for variances from § 278-6C and D granted specifically to allow for the construction of new affordable housing or the conversion of an existing building or a portion of an existing building into an affordable housing unit or units, shall be made subject to a condition requiring the payment to the Village of East Hampton of a sum of $10,000, or such other amount as the Board of Trustees may hereafter affix by resolution, for each space or part of a space for which a variance is granted, which sum shall constitute a trust fund to be used by the Board of Trustees exclusively for public off-street parking purposes, including the acquisition and improvement of land for such purposes. "Affordable housing," for purposes of this subsection, shall mean housing for which a maximum monthly rental (excluding utilities) does not exceed 120% of the fair-market rent for existing housing promulgated for the Nassau-Suffolk primary metropolitan statistical area and published annually in the Federal Register by the Secretary of the United States Department of Housing and Urban Development. Variances granted from § 278-6C and D to allow the establishment of such affordable housing shall be exempt from payment of the fee otherwise required under this provision, but shall be subject to a condition that restrictions are recorded in the County Clerk’s office to ensure the continued use of the premises as affordable housing.

[Amended 1-18-2013 by L.L. No. 3-2013]

[4] There is hereby continued a Village of East Hampton Public Off-Street Parking Trust Fund, to be used by the Board of Trustees exclusively for public off-street parking purposes, including the acquisition and improvement of land for such purposes.

(d) Additional provisions related to applications for the extension, expansion or alteration of a nonconforming use or the buildings or structures related to a nonconforming use.

[Added 11-21-2014 by L.L. No. 21-2014]

[1] Applications for the extension or alteration of nonconforming uses and buildings and structures related to such uses and the erection of new buildings and structures on any lots used for nonconforming uses shall comply with the procedures and standards for area variance applications. All such applications, except those related to lots used solely for residential purposes, shall not be deemed complete, and therefore ready for a public hearing, until the Design Review Board has concluded its preliminary review pursuant to Chapter 121 of the Code.

[2] With respect to a lot improved with a single-family residence which is deemed a nonconforming use solely because the lot is also improved with no more than one other building that might otherwise be characterized as an accessory building if it did not contain cooking and/or sleeping facilities, no variance relief shall be required for the proposed extension or alteration of the principal single-family residence, as long as the single-family residence and the proposed expansion conform with all dimensional requirements. This exemption also applies to the construction of new accessory buildings and structures on such a lot, as long as they are permitted in the district and conform to all dimensional requirements. This exemption does not apply to any structures on a lot improved with more than one single-family residence, each of which may be occupied lawfully by separate, independent families, nor does it apply to the extension, expansion or alteration of a building containing sleeping or cooking facilities other than the principal one-family residence on the lot.

[3] No variance shall be granted to permit the introduction of any outdoor use, including outdoor dining, to a preexisting nonconforming commercial use in a residential district, or to permit the expansion or extension of any such outdoor use, and any variance granted to permit the reconstruction or alteration of any such lawfully existing outdoor use shall not exceed 100% of the lawfully preexisting area of such outdoor use.

D. Special permits.

(1) The Board of Appeals, as lead agency pursuant to the State Environmental Quality Review Act, upon application after due notice and public hearing, may issue special permits for the following uses which are allowed by special permit only. Any such application for a special permit shall not be deemed complete, and therefore ready for a public hearing, until the Design Review Board has concluded its preliminary review pursuant to Chapter 121 of the East Hampton Village Code. A special permit shall be required for:

[Amended 11-19-1993 by L.L. No. 23-1993; 10-18-1996 by L.L. No. 21-1996; 2-17-2006 by L.L. No. 5-2006; 1-18-2008 by L.L. No. 2-2008; 9-19-2008 by L.L. No. 11-2008; 10-1-2009 by L.L. No. 10-2009; 7-29-2011 by Ord. No. 7-2011; 7-31-2012 by L.L. No. 21-2012; 11-21-2014 by L.L. No. 21-2014]

(a) The conversion of an existing nonconforming use and the buildings or structures related to such use into a use more conforming, except that the conversion of an existing nonconforming use to a multiple-dwelling use, including but not limited to condominium or cooperative units, shall not be considered more conforming.

(b) The construction, extension, conversion or alteration of public, private, institutional and charitable uses, including schools, public libraries, museums, churches, parish houses and Sunday school buildings, the buildings of membership clubs devoted to outdoor sports and social and recreational buildings and premises and soldiers' or sailors' memorial buildings, except those for which a chief activity is one customarily carried on as a gainful business, and public or charitable buildings not of a correctional nature.

(2) Before issuing a special permit, the Board of Appeals must find that the proposed use will not:

(a) Prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts.

(b) Prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts.

(c) Adversely affect the safety, health, welfare, comfort, convenience or order of the Village and will be in harmony with the general purposes of this Code and the Village's Comprehensive Plan.

[Amended 3-15-2002 by L.L. No. 4-2002]

(3) Before issuing a special permit, the Board of Appeals shall give consideration to:

(a) The character of the existing and probable development of uses of the district and the suitability of the proposed use within that district.

(b) The desire to conserve property values and to encourage the most appropriate uses of land.

(c) The effect that the proposed use may have upon vehicular traffic congestion on public streets or highways.

(d) [2]Whether the proposed use or materials incident thereto or produced thereby may give off obnoxious gases, odors, smoke or soot.

[2] Editor’s Note: Former Subsection D(3)(d), which required giving consideration to the availability of adequate facilities for the treatment, removal or discharge of sewage, refuse or other effluent, was repealed 2-17-2006 by L.L. No. 5-2006. Said local law also provided for the redesignation of Subsection D(3)(e) through (l) as Subsection D(3)(d) through (k).

(e) Whether the proposed use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise.

(f) Whether the operations in pursuance of the proposed use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Village or by another competent governmental agency.

(g) The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the proposed use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the proposed use shall be made.

(h) Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the proposed use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon said plot.

(i) Whether the proposed use or the structure to be used therefor will cause an overcrowding of the land or undue concentration of the population.

(j) Whether the plot area is sufficient, appropriate and adequate for the proposed use and the reasonably anticipated operation and expansion thereof.

(k) Whether the proposed use to be operated is unreasonably near to a church, school, theater, recreational area or any other place of public assembly.

(4) In granting special permits, the Board of Appeals shall impose such conditions and safeguards as it may deem appropriate in preserving and protecting the spirit and objectives of this Code.

(5) All special permits granted pursuant to this section shall be conditioned upon review by the Design Review Board in conformance with Chapter 121 of the East Hampton Village Code.

[Added 4-17-1992 by L.L. No. 9-1992; amended 10-18-1996 by L.L. No. 22-1996; 11-21-2014 by L.L. No. 21-2014]

E. Fees and other submission requirements.

[Amended 10-2-1991 by L.L. No. 12-1991; 9-18-1998 by L.L. No. 15-1998; 2-17-2006 by L.L. No. 6-2006; 7-31-2014 by L.L. No. 14-2014]

(1) All applications or appeals to the Board of Appeals shall be accompanied by a fee payable to the Incorporated Village of East Hampton, in an amount which shall be fixed from time to time by resolution of the Board of Trustees.

[Amended 2-16-2018 by L.L. No. 4-2018]

(2) A stormwater pollution prevention plan (SWPPP), where required pursuant to Chapter 248, shall be required for approval of a coastal erosion management permit. The SWPPP shall meet the performance and design criteria and standards of Chapter 248, and the coastal erosion hazard area permit shall be consistent with the provisions of Chapter 248 of the Code.

F. Administration of applications. The following Boards shall administer the following applications of this Code:

(1) Design Review Board:

(a) Chapter 121, Design and Site Plan Review.

(b) Chapter 176, Preservation of Historic Areas.

(c) Chapter 278, Zoning.

[1] Sign permits.

[2] Uses in Limited Office District.

[3] Site plan review of special permit applications for nonresidential uses in residential districts.

(2) Planning Board:

(a) Chapter 42, Planning Board.

(b) Chapter 252, Subdivision of Land.

(3) Zoning Board of Appeals:

(a) Chapter 101, Coastal Erosion Hazard Areas.

(b) Chapter 124, Preservation of Dunes.

(c) Chapter 160, Flood Damage Prevention.

(d) Chapter 163, Freshwater Wetlands. If an application is being administered by another agency and requires a permit pursuant to Chapter 163, that other agency shall have the responsibility of issuing the freshwater wetlands permit.

[1] Editor's Note: On March 16, 2007, the Board of Trustees adopted a resolution requiring New York State mandated annual training for all Planning Board, Design Review Board, and Zoning Board of Appeals members. The resolution is on file in the office of the Village Clerk and available for public inspection during regular office hours.

§ 278-8 Amendments.

A. The Board of Trustees of the Village of East Hampton may from time to time, after public notice and hearing, amend, supplement or change these regulations or districts as provided by statute.

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, regarding applicability of amendments on pending applications, amended 5-20-2005 by L.L. No. 12-2005, was repealed 4-5-2007 by L.L. No. 2-2007.

§ 278-9 Penalties for offenses.

[Amended 4-17-1992 by L.L. No. 9-1992]

A. Violations. Where a violation of any provision of this chapter, including the terms or conditions of a Village board or department or official agency approval granted hereunder, the duly adopted rules of a Village board or department or official agency adopted hereunder, or a violation of any covenant or condition imposed by the Village Board of Trustees, the Zoning Board of Appeals, the Planning Board or the Design Review Board as a condition of any change of zone, permit, special permit, variance, grant, subdivision approval, certificate of appropriateness, site plan or design approval, or any other similar law, rule or regulation which is expressly and specifically incorporated by reference herein has been committed or shall exist, the owner and the agent or contractor of the building, structure or lot where such violation has been committed or shall exist, the lessee or tenant of the part of or the entire building, structure or lot where such violation has been committed or shall exist and the agent, architect, contractor, surveyor or any other person who takes part or assists in such violation or who maintains any building, structure or lot in which any such violation shall exist shall be guilty of a violation of this chapter.

[Amended 7-27-2007 by L.L. No. 9-2007]

B. A violation of the provisions of § 278-4C(3)(a) and § 278-5C of this chapter shall be punishable as follows:

[Added 4-20-2015 by L.L. No. 10-2015[1]]

(1) A person or entity charged with any violation of the sections listed above shall be required to appear or answer within 15 days of the issuance of a ticket, and shall be subject to a minimum fine of $150.

(2) Upon the failure to answer or appear on the return date or any subsequent adjourned date or to pay the fine when due, a late penalty of $75 shall be added to the minimum fine.

(3) Upon the failure to pay the fine within 60 days of the issuance of a ticket, a late penalty of $150 shall be added to the minimum fine.

(4) Upon the failure to pay the fine within 90 days of its due date, a late penalty of $200 shall be added to the minimum fine.

[1] Editor’s Note: This local law also redesignated former Subsections B, C and D as Subsections C, D and E, respectively.

C. Criminal penalties.

(1) Persons found guilty of a violation of any other provision this chapter or any covenant or condition imposed by the Village Board of Trustees, the Zoning Board of Appeals, the Planning Board or the Design Review Board as a condition of any change of zone, permit, special permit, variance, grant, subdivision approval, certificate of appropriateness, site plan or design approval shall be subject to:

[Amended 7-27-2007 by L.L. No. 9-2007; 4-20-2015 by L.L. No. 10-2015]

(a) For the first offense within a period of 12 months, a fine not to exceed $500 or imprisonment for not more than 15 days, or both, for each and every such violation.

(b) For the second offense within a period of 12 months, a fine not to exceed $1,000 or imprisonment for not more than 15 days, or both, for each and every such violation.

(c) For a third offense within a period of 12 months, a fine of not more than $1,500 or less than $1,000 or imprisonment for not more than six months, or both, for each and every such violation.

(2) After the date on which the Code Enforcement Officer or other Village official having jurisdiction shall have notified such person of any such violation, each week's continued violation shall constitute a separate and distinct additional violation for all purposes hereof.

D. Administrative penalty. In addition to any other remedy available hereunder for violations of this chapter, in those cases where the Building Inspector shall have determined a violation to exist and shall have provided written notice of the same to one or more persons responsible under Subsection A hereof, after a period of 90 days shall have elapsed and said violation shall have continued to exist, the Building Inspector may certify the violation, in writing, to all other local agencies responsible for the issuance of approvals and permits hereunder. Such certification shall set forth the owner of the property on which the violation is located and the name of the person committing or maintaining the alleged violation and responsible for the same under Subsection A hereof, if other than the owner and known to the Building Inspector, the nature of the violation and the efforts made by the Building Inspector to obtain compliance. After receipt of any such certification of violation, no local agency, including the Building Inspector, shall accept, determine to be complete or otherwise process or further process any application for approval made for such identified property or by any such identified person or persons or by any partnership, corporation or other organizational applicant of which any such identified person is an associate, partner or majority shareholder. Every such application shall be deemed to be defective, incomplete and not suitable for processing by the local agency, and any time period for such processing or for action on the application which is contained in the Village Law or in this chapter shall be deemed tolled for all purposes. This subsection shall not apply to an application brought to the Board of Appeals for an interpretation or for a variance which would remove or render legal the alleged violation. Upon removal of the violation or the granting of a variance therefor by the Board of Appeals or upon the dismissal by a competent court of all charges which may have been brought by the Building Inspector against such person as a named defendant in relation to such violation or upon acquittal of the defendant by such court, the Building Inspector shall immediately revoke the certification of violation previously issued and notify all local agencies, in writing, of the same, at which time the disability imposed hereunder shall be removed.

E. Other remedies. In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken by the Village of East Hampton to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, change, demolition, razing, moving, maintenance or use of any building, structure, lot or land or any activity in violation of this chapter or any covenant or condition imposed by the Village Board of Trustees, the Zoning Board of Appeals, the Planning Board or the Design Review Board as a condition of any change of zone, permit, special permit, variance, grant, subdivision approval, certificate of appropriateness, site plan or design approval being undertaken or carried out therein or thereon; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure, or lot; or to prevent any illegal act, conduct, business, trade or use in or about such premises.

[Amended 7-27-2007 by L.L. No. 9-2007]