[Amended 11-15-1996 by L.L. No. 19-1996]
This chapter of the East Hampton Town Code shall
be known and may be cited as the "Town of East Hampton Zoning Law"
or the "Town of East Hampton Zoning Code."
[Amended 2-1-2024 by L.L. No. 4-2024]
This chapter is adopted for the purpose of promoting
the health, safety and general welfare of the people of the Town of
East Hampton by regulating the uses of lots and lands and the dimensions,
locations and uses of buildings and structures throughout the Town,
exclusive of the Incorporated Villages of East Hampton and Sag Harbor
therein, in order to achieve the following related specific objectives:
A.
Orderly growth:
(1)
To guide and regulate the orderly growth, development, and redevelopment
of the Town in accordance with the Comprehensive Plan and the long-range
objectives, principles and goals set forth therein as beneficial to
the interests of the people.
(2)
To promote the goal of the Comprehensive Plan to reduce overall
build-out to minimize adverse impacts on the Town's infrastructure
and municipal budgets, and to protect natural and cultural features.
B.
Proper use of land:
(1)
To promote the utilization of land for the purposes and scale
for which it is the most appropriate, ensuring a balance between ownership
rights and the responsibility of compatibility with the findings and
goals of the Comprehensive Plan.
(2)
To ensure East Hampton Town planning activities, resources and
initiatives respond to near-term needs and address emerging trends
and challenges, in order to promote the quality of life, and to protect
the public's health, safety and general well-being, and the sustainability
and resiliency of the Town.
(3)
To identify and prioritize resident and community needs to prevent
disorderly growth for the sake of growth.
(4)
To sustain economically viable and aesthetically compatible
commercial districts and support their vital role within the community,
and to encourage businesses to serve the needs of the year-round population.
(5)
To minimize adverse environmental and quality of life impacts
of commercial and industrial uses.
(6)
To protect and promote public access to and usage of publicly
owned lands and waters.
C.
Aesthetic attributes:
(1)
To perpetuate and enhance areas of natural beauty.
(2)
To protect, sustain, and restore open vistas and scenic viewsheds
for the benefit of the public.
(3)
To sustain and enhance generally those aesthetic attributes
and amenities which not only please the eye, but which together are
the essence of the locally and nationally recognized character of
the Town.
D.
Character:
(1)
To prioritize traditional rural and maritime land use patterns,
abundant natural resources and native vegetation, dark skies, coastal
and water views, landscapes and pastoral aspects of the Town that
define the unique sense of place, and upon which the benefits of the
resort and seasonal-home economy are based.
(2)
To sustain and enhance the Town as a desirable, peaceful and
attractive place for residents and visitors.
E.
Protection of hamlets and neighborhoods:
(1)
To sustain the long-established and essential character of hamlets
and neighborhoods, especially residential neighborhoods.
(2)
To ensure the well-being and quality of life of residents and
to protect enduring value of private and public property by promoting
uses and scale of development that is compatible and harmonious with
rural, natural, historic and resilient land use patterns and with
the goals of the Comprehensive Plan.
F.
Housing affordability:
(1)
To provide for and protect in perpetuity economically accessible
community housing of the type and in the locations where the same
will be most beneficial to people who wish to live and work in East
Hampton.
(2)
To enable older community members to retire and remain, and
younger generations to stay or return here, and for all to thrive.
(3)
To create and sustain appropriate and ample housing options
for the seasonal workforce.
(4)
To ensure that land use regulations do not induce real estate
market patterns, home prices or rental rates that make it unsustainable
for full-time residents or seasonal workforce to live and work in
the Town.
G.
Town sustainability:
(1)
To safeguard the Town's ability to meet the needs of the current
population and promote a vibrant local economy without jeopardizing
the thriving of future generations.
(2)
To ensure local business owners can continue to operate and
residents can and want to continue to live here.
(3)
To protect local ecological integrity and biodiversity and minimize
human degradation of natural systems.
(4)
To manage all resources effectively and reduce waste.
(5)
To prioritize and promote preparedness for and recovery from
all types of extraordinary natural and man-made events or emergencies.
(6)
To ensure that growth does not overwhelm the carrying capacity
of human-made infrastructure or compromise the regenerative capacity
of land, waters, and natural systems.
(7)
To sustain and strengthen the diversity, cohesion, resilience,
and social well-being of the community.
H.
Coastal resiliency:
(1)
To address fully the Town's vulnerability to rising sea level
and groundwater, flooding, and coastal and shoreline erosion and how
to prepare for the increasing frequency and intensity of extreme weather
events.
(2)
To secure the Town's ability to maintain essential functions
and protect critical infrastructure during, and recover after, significant
storm effects.
(3)
To optimize management and protections of undeveloped and developed
shoreline and coastal areas and waterfront uses, to ensure the protection
and expansion of important natural resources buffers, and to ensure
public beach access for recreation and quiet enjoyment.
(4)
To promote proactive planning and implementation of adaptation
and resilience strategies for areas with coastal vulnerabilities as
well as vulnerable inland areas, to plan for migration of at-risk
coastal assets, and to ensure, where and when necessary, a just transition
for residents.
(5)
To ensure that the Town's land use policy, regulations and decisions
are forward looking and will advance preparedness, resilience, public
safety, and economic viability by judiciously restraining development
of at-risk area and assets and preventing or minimizing near- and
long-term risks to property.
I.
Climate change:
(1)
To promote increased adoption of renewable energy sources and
reduced dependence on fossil fuels as well as conservation of energy
and nonrenewable resources, reduction of consumption and waste, and
minimization of polluting and deleterious emissions and effluents.
(2)
To make climate mitigation a guiding principle and objective
of all municipal operations and aspects of Town business, as well
as all policy, planning and zoning decisions so that residents can
live within the constraints of the environment and climate change.
J.
Clean water:
(1)
To prioritize the protection of both surface and ground waters,
and to promote understanding that both are linked and integral to
sustaining the town.
(2)
To protect and promote the quality of all surface water and
wetland systems for the enjoyment and well-being of the population,
the integrity of natural resources, and the thriving of fisheries
by requiring, sustaining, and, where necessary, restoring a healthful
biological and chemical balance throughout the Town's waters.
(3)
To secure groundwater recharge, through the regulation of land
use and by other means, to ensure the maximum protection of the Town's
aquifer and other recharge areas, thereby assuring a permanent, sustainable
supply of clean water for consumption and use by the community, as
well as the continuing natural balance and integrity of ecosystems.
(4)
To sustain the natural hydrological patterns of the land across
all properties.
(5)
To protect and replenish clean water supply by promoting conservation-oriented
use patterns, ensuring the restoration of degraded surface and ground
waters, and promoting the most effective technologies to improve and
protect water quality.
K.
Natural resources conservation:
(1)
To promote the preservation of natural resources including agricultural
land, complete woodland and wetland systems, barrier dunes, duneland,
beaches, bluffs, unique topography, soils, meadows, native and keystone
vegetation and species, wildlife and their habitats, and other natural
features of environmental, ecological, scenic or cultural significance
to the community.
(2)
To protect and enhance local and regional ecosystems and biological
and ecological diversity by preventing to the maximum extent possible
unnecessary disturbance and destruction.
(3)
To promote the restoration, recovery, replenishment and regeneration
of natural resources, complex ecological systems, and native flora
and fauna where they have already been removed, damaged or degraded.
L.
Historical resources preservation:
(1)
To promote the timely and ongoing identification and protection
of the Town's historical, cultural, and archeological resources and
its rich architectural heritage across all eras and to prevent further
loss.
(2)
To protect the authenticity and preserve the integrity of structures
themselves along with the historical association buildings have with
each other, with streetscapes and landscapes by promoting compatible
development and land use patterns.
M.
Open space protection: Consistent with the Town's goal of protecting
natural, scenic, agricultural, historical, and cultural resources
and aesthetic benefits for the public, and in order to promote the
social and ecological wellbeing of East Hampton:
(1)
To protect and to the extent possible prevent and limit the
further unnecessary loss of open space, undeveloped and uncleared
lands, and agricultural areas and soils through continuing preservation
purchases and conservation tools, as well as through appropriate land
use regulation.
(2)
To sustain and encourage current and future active farming for
the community.
N.
Safety and health:
(1)
To secure safety from natural and man-made disasters as well
as disease and other significant dangers.
(2)
To ensure adequate light, air, peace, and convenience of access
for all properties.
(3)
To avoid and remedy the creation of conditions impinging upon
the quiet enjoyment and use of property.
(4)
To prevent environmental pollution and other degradation.
O.
Density and congestion:
(1)
To avoid the undue concentration of structures and occupancy.
(2)
To prevent the danger of overcrowding.
(3)
To lessen, and where possible, to prevent traffic congestion.
(4)
To promote and protect orderly movement and the ability to bike
and walk easily and safely on streets, roadways, and highways across
the Town.
P.
Appropriate review:
(1)
To ensure comprehensive and accurate local governmental review
of building, development, and land use proposals while to the extent
practicable, provide streamlined, efficient, and timely review.
(2)
To promote effective communication and proper coordination across
Town departments, committees and boards, as well as with county and
state regulations and agencies.
(3)
To collect and analyze data as a foundation for planning and
decisionmaking, and to make that information appropriately transparent
to the public to enhance their understanding and engagement.
Q.
Property values: to conserve the value of buildings, to promote the
economic vitality of established commercial centers and to sustain
the value of land generally throughout the Town.
[Amended 5-15-1998 by L.L. No. 20-1998]
This chapter is adopted as a local law pursuant to the authority conferred in Article IX of the New York State Constitution; § 10 of the New York Statute of Local Governments; Article 2, § 10, of the New York Municipal Home Rule Law; Article 36 of the New York Environmental Conservation Law; and Article 4 and Article 16 of the New York Town Law.
[Amended 7-21-2016 by L.L. No. 32-2016]
Except as hereinafter specified, in the Town of East Hampton, exclusive of any incorporated village therein, no building or structure shall be erected, constructed, reconstructed, altered, demolished, razed or moved, nor shall any building, structure, lot or land be used or reused, except in conformity with the provisions of this chapter. Failure to comply with these provisions shall constitute a violation of this chapter subject to the provisions of Article X hereof.
Unless the context clearly indicates to the
contrary:
A.
Tense; quantity. Words used in the present tense include
the future, the singular number includes the plural and the plural
the singular.
B.
Person. The word "person" includes a profit or not-for-profit
corporation, company, partnership, association, trust, estate, individual
or any other legally cognizable entity.
[Amended 11-15-1996 by L.L. No. 19-1996]
C.
Individual. The word "individual" shall mean only
a human being.
D.
Shall, etc. The word "shall" is mandatory and not
directory; the words "should" and "may" are permissive.
E.
Lot, etc. The word "lot," includes the words "plot,"
"parcel," "property" and "land."
F.
Structure. The word "structure" includes the word
"building."
G.
Use. The word "use" refers to any purpose for which
a lot or structure, or any part thereof, is arranged, intended or
designed to be used, put, occupied, maintained, made available or
offered and for which a structure is erected, reconstructed, razed,
demolished, rebuilt, moved, altered or enlarged. A personal wireless
service facility should be considered a "use" whether a structure
itself, on a structure or affixed to street furniture such as a utility
pole.
[Amended 11-1-2002 by L.L. No. 34-2002]
H.
Used. The word "used" refers to the fact that a lot
or structure, or part thereof, actually is being employed for a particular
use.
I.
Gender. Words used in the masculine gender (e.g.,
he, his) shall also refer to the feminine gender (e.g., she, hers).
As used in this chapter, the following terms
shall have the meanings indicated:
A building or structure which is customarily incidental or subordinate to a main building or structure. This term shall not include a building which, in whole or part, is designed, equipped or used for cooking, living or sleeping purposes, unless said accessory building or structure complies with the standards set forth in § 255-11-63 as an accessory dwelling unit or single family residence as accessory to a special historic landmark pursuant to § 255-7-60D. See "principal building or structure." No accessory building or structure, except a pool house, or approved accessory dwelling unit, shall contain any internal plumbing in the form of a bath, shower, toilet, or other plumbing of any kind. An artist studio approved by the Town Planning Board shall be permitted to contain only a sink or sinks.
[Amended 3-16-1990 by L.L. No. 3-1990; 9-17-1993 by L.L. No.
28-1993; 11-15-1996 by L.L. No. 19-1996; 2-17-2005 by L.L. No.
7-2005; 12-1-2016 by L.L. No. 49-2016; 12-7-2017 by L.L. No. 44-2017; 8-1-2019 by L.L. No. 29-2019; 6-20-2024 by L.L. No. 16-2024]
An apartment established as an affordable housing unit in conjunction with and as an accessory use to a single-family residence as part of the same structure or within a detached structure and that complies with the standards set forth in § 255-11-63.
[Added 6-20-2024 by L.L. No. 16-2024]
A use which is customarily incidental or subordinate to a
principal use. See "principal use."
[Amended 3-16-1990 by L.L. No. 3-1990; 9-17-1993 by L.L. No.
28-1993; 11-15-1996 by L.L. No. 19-1996; 2-17-2005 by L.L. No.
7-2005]
(Personal wireless service facility) A siting authority's
grant of a siting application or issuance of a written decision denying
a siting application.
[Added 9-15-2022 by L.L. No. 24-2022]
See “accessory dwelling unit.”
[Added 5-4-2007 by L.L. No. 18-2007;
amended 12-1-2016 by L.L. No. 49-2016]
An apartment, single-family residence or unimproved lot,
the cost of which makes it available to a moderate-income family as
defined herein, specifically, to be considered an "affordable housing
unit," the following limits shall apply:
[Amended 1-20-1989 by L.L. No. 1-1989]
Apartment or residence. An affordable apartment
or single-family residence shall be one for which:
The maximum monthly rental (excluding utilities) does not exceed
130% of the Fair Market Rent for Existing Housing[1] promulgated for the Nassau-Suffolk, NY, HUD Metro FMR
Area and published annually in the Federal Register by the Secretary
of the United States Department of Housing and Urban Development,
pursuant to Section 8(c)(1) of the United States Housing Act of 1937
[42 U.S.C. § 1437f(c)(1)] and Part 888, Subpart A, Sections
111 through 115, of Title 24, Subtitle B, of the Code of Federal Regulations
(24 CFR 888.111-115). Starting the second year, such an affordable
apartment or residence is leased and, thereafter, the maximum monthly
rental may be adjusted annually in accordance with the Annual Adjustment
Factor[2] published annually in the Federal Register by the Secretary
of the United States Department of Housing and Urban Development pursuant
to Section 8(c)(2)(A) of the Housing Act [42 U.S.C. § 1437f(c)(2)(A)]
and Part 888, Subpart B, Sections 201, 202 and 203(3), of Title 24
of the Code of Federal Regulations [24 CFR 888.201, 202 and 203(3)].
[Amended 10-7-2005 by L.L. No. 31-2005; 12-1-2016 by L.L. No. 49-2016; 7-18-2023 by L.L. No. 18-2023]
The maximum initial sales price does not exceed
the following multiples of the maximum annual aggregate family income
for a moderate-income family, based upon the family sizes and minimum
required dwelling unit sizes set forth below:
Unimproved lots. The maximum sales price for
an unimproved lot shall not exceed the following multiples of $25,000,
which base amount shall be revised every January 31 to conform to
changes in the consumer price index for all items for the New York
metropolitan area:
|
Size of Lot
(square feet)
|
Multiple of $25,000.00
| |
|---|---|---|
|
Less than 40,000
|
1.0
| |
|
40,000 or more
|
1.3
|
A building or other structure which is used wholly or primarily
for agricultural or animal husbandry purposes and which is located
on or adjacent to a lot used for agriculture or animal husbandry.
The following shall be included within this definition if principally
used in the course of an agricultural or animal husbandry business:
barns or other structures used to shelter or store crops, produce,
seed, horticultural or nursery stock, fertilizer, pesticides, herbicides,
livestock, feed, or agricultural vehicles, equipment and machinery;
buildings or structures used for the packaging or shipping of produce,
horticultural or nursery stock (but not for food processing or winemaking);
greenhouses (including temporary greenhouses); and farm stands.
[Added 9-17-1993 by L.L. No. 28-1993]
The cultivation of the soil, as a commercial or business
enterprise, for food products and other useful or valuable growths
of the field, including field crops, fruits, vegetables, trees, shrubs,
plants, and flowers. Agriculture shall be considered a principal use
on any lot on which it is conducted, and the on-premises sale of produce
at no more than one temporary farm stand shall be considered accessory
thereto, provided this activity does not constitute a separate and
distinct business. "Agriculture" shall not include the regular slaughtering
of animals or the operation of dairy or poultry farms. Compare "animal
husbandry."
[Amended 9-17-1993 by L.L. No. 28-1993]
An airport or heliport and all related facilities, including
hangars, offices and parking areas.
[Added 12-18-1997 by L.L. No. 40-1997]
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" is synonymous with this definition.
The raising, slaughtering, dressing, packing and/or shipping
of cattle, poultry or other fowl, fur- or wool-bearing animals, or
other livestock, as a retail or wholesale business, as well as the
processing, packaging, shipping and sale of the products of such animals,
such as milk, eggs, wool and the like. The operation of a horse farm,
as defined herein, shall also be included within this definition.
[Amended 9-17-1993 by L.L. No. 28-1993]
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to the Federal Communications Commission (FCC) authorization,
for the provision of personal wireless service and any commingled
information services. For purposes of this definition, the term "antenna"
does not include an unintentional radiator, mobile station or device
authorized under Part 15 of Chapter I, Title 47 of the Code of Federal
Regulations.[3]
[Added 11-1-2002 by L.L. No. 34-2002; amended 9-15-2022 by L.L. No. 24-2022]
Equipment, switches, wiring, cabling, power sources, shelters
or cabinets associated with an antenna, located at the same fixed
location as the antenna, and, when co-located on a structure, is mounted
or installed at the same time as such antenna.
[Added 9-15-2022 by L.L. No. 24-2022]
An antenna and associated antenna equipment.
[Added 9-15-2022 by L.L. No. 24-2022]
A use that involves as its primary purpose the sale of works
of art, pieces of furniture or decorative objects originally made
and sold at an earlier period of time.
[Added 10-6-2006 by L.L. No. 24-2006]
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 their 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. Any unit in a residential cooperative or a residential
condominium shall be deemed an "apartment" and not a single-family
residence. See "accessory dwelling unit." Compare "motel unit."
[Amended 5-4-2007 by L.L. No. 18-2007; 6-20-2024 by L.L. No. 16-2024]
An application to the Zoning Board of Appeals for review of the Building Inspector's interpretation of any provision of this chapter or for review of any order, requirement, decision or determination made by him pursuant to this chapter. This term shall not be construed to encompass review of an order, requirement, decision, interpretation or determination made by the Building Inspector pursuant to some other provision of law, e.g., Chapter 102 of this Code or the New York Uniform Fire Prevention and Building Code.[4]
[Added 10-16-1987 by L.L. No. 15-1987; amended 11-15-1996 by L.L. No. 19-1996; 9-8-2009 by L.L. No.
23-2009]
(Personal wireless service facility) A person or entity that
submits a siting application and the agents, employees, and contractors
of such person or entity.
[Added 9-15-2022 by L.L. No. 24-2022]
(Personal wireless service facility) A written submission
to a siting authority requesting authorization for the deployment
of a personal wireless service facility at a specified location.
[Added 9-15-2022 by L.L. No. 24-2022]
The granting by any local agency of a permission required
by this chapter to do any act, whether such permission is granted
in the form of a permit, an authorization, a license or in any other
manner whatsoever.[5]
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding
to an average annual depth of one foot to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
[Added 9-8-2009 by L.L. No. 23-2009]
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO,
VE, or V1-V30. It is also commonly referred to as the "base floodplain"
or "one-hundred-year floodplain." For purposes of this local law,[6] the term "special flood hazard area (SFHA)" is synonymous
in meaning with the phrase "area of special flood hazard."
[Added 10-16-1987 by L.L. No. 15-1987; amended 5-15-1998 by L.L. No. 20-1998; 9-8-2009 by L.L. No. 23-2009]
A use that involves as its primary purpose the sale of visual
art created by one or more artists, including but not limited to paintings,
drawings, photographs and sculptures.
[Added 10-6-2006 by L.L. No. 24-2006]
A place of work for people who produce visual art, including
but not limited to painters, sculptors, etchers, carvers, weavers,
photographers, potters, jewelers, etc.
[Added 10-6-2006 by L.L. No. 24-2006]
An accessory use, building or structure detached from the
residence on the lot on which it is located, which is used only by
an individual working in the fine arts on a professional basis.
[Added 3-16-1990 by L.L. No. 3-1990;
amended 10-6-2006 by L.L. No. 25-2006; 8-1-2019 by L.L. No. 29-2019]
An unfinished, uninhabited space, used for storage purposes
only, which is situated between the top floor and the roof of a single-family
residence having a gabled roof.[7]
[Added 3-15-1991 by L.L. No. 4-1991]
(Personal wireless service facility) Any approval that a
siting authority must issue under applicable law prior to the deployment
of personal wireless service facilities. Including, but not limited
to, zoning approval and building permit.
[Added 9-15-2022 by L.L. No. 24-2022]
A business use or establishment which is primarily engaged in the sale and service of alcoholic beverages for on-premises consumption, subject to the regulatory authority of the New York State Liquor Authority. Musical entertainment may be permitted with a music entertainment permit issued pursuant to and subject to the regulations contained in Chapter 117 of the Town Code. Outdoor musical entertainment is only allowed from 1:00 p.m. through 9:00 p.m., unless such musical entertainment is part of a catered affair as herein defined or part of a special event permit issued pursuant to Chapter 151 of the Town Code. The accessory or incidental sale of food or snacks shall not entitle such a use to be considered a restaurant under other provisions of this Code, but the permanent or temporary removal or relocation of tables and chairs from an establishment to permit dancing or the establishment of an area for dancing shall constitute the creation of a nightclub use subject to the applicable provisions of this chapter. See "nightclub" and "restaurant."
[Added 11-15-1996 by L.L. No. 19-1996; amended 7-19-2007 by L.L. No. 26-2007; 3-21-2019 by L.L. No. 13-2019]
The flood having a one-percent chance of being equaled or
exceeded in any given year. See "one-hundred-year flood."
[Added 9-8-2009 by L.L. No. 23-2009]
See "cellar."
[Amended 11-15-1996 by L.L. No. 19-1996; 12-16-2004 by L.L. No. 36-2004; 9-8-2009 by L.L. No. 23-2009]
A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between
user equipment and a communications network. The term does not include
any structure that, at the time the relevant applications is filed
with the state or local government under this section, does not support
or house equipment described in Subsection A and B below. The term
also does not encompass a tower as defined in the definitions. Examples
include transmission equipment mounted on a rooftop, water tank, silo
or other above ground structure other than a tower. The term does
not encompass a tower as defined herein or any equipment associated
with a tower. "Base station" includes, but is not limited to:
[Added 9-15-2022 by L.L. No. 24-2022]
Equipment associated with wireless communications services such
as private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul;
and
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration (including distributed antenna systems
and small-cell networks); and
Any structure other than a tower that, at the time the relevant
application is filed with the state or local government, supports
or houses equipment described in this Glossary that has been reviewed
and approved under the applicable zoning or siting process, or under
another state or local regulatory review process, even if the structure
was not built for the sole or primary purpose of providing such support.
All land lying between a body of fresh or salt water and
the base of a bluff or dune. In cases where there is no bluff or dune
present, then the "beach" shall be all land lying between such body
of water and the naturally occurring beach grass, or the upland vegetation
if no naturally occurring beach grass is present.
[Amended 8-16-1985 by L.L. No. 8-1985]
See "beach vegetation."
[Added 4-13-2007 by L.L. No. 14-2007]
Beach grass (Ammophila breviligulata), as well as the following
plants or lichens: beach heather (Hudsonia tomentosa), beach plum
(Prunus maritima), beach pea (Lathyrus maritimus), bearberry (Arctostaphylos
uva-ursi), bayberry (Myrica pensylvanica), dusty miller (Artemissia
stellariana), seaside goldenrod (Solidago sempervirens), pine barren
sandwort (Arenaria caroliniana), and reindeer lichen (Cladonia species).
[Amended 11-15-1996 by L.L. No. 19-1996; 4-13-2007 by L.L. No. 14-2007]
A structure greater than one foot high made of earth, earthen
or similar materials intended for defense, security, enclosure, screening
or other similar purposes.
A bank or cliff with a precipitous or steeply sloped face
lying landward of a beach or body of water, and having a bluff line
at least two feet higher than its base or toe. A "bluff" may extend
across all or part of a parcel. For the purposes of this chapter,
a "bluff" shall not be considered to encompass barrier sand dunes.
[Amended 7-17-1997 by L.L. No. 23-1997; 4-13-2007 by L.L. No. 14-2007]
A line extending along the bottom edge of a bluff which to
landward slopes sharply up and to seaward slopes gradually to the
water.
The natural land contour running along the top of a bluff
beyond which to landward the natural land contours resume a gradual
slope.
The Town Board, the Planning Board, the Architectural Review
Board and the Zoning Board of Appeals (also known as the "Zoning Board"
or the "Board of Appeals") of the Town of East Hampton. A board shall
also be considered a local agency as the same is defined herein.
[Amended 11-15-1996 by L.L. No. 19-1996; 12-18-1997 by L.L. No. 38-1997; 2-10-1998 by L.L. No. 6-1998]
A facility for servicing any type of watercraft, as well
as providing supplies, provisions, storage and/or fueling facilities,
with or without facilities for the retail sale of boats, motors and
marine equipment.
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or the supporting foundation
system.
[Added 10-16-1987 by L.L. No. 15-1987; amended 9-8-2009 by L.L. No. 23-2009]
One or more buildings or structures, including offices, studios,
antennas, transmitters and related facilities designed and used for
the origination or the capture and rebroadcast of radio or television
signals intended for reception on receivers located within the Town,
whether or not such signals are also intended to be received elsewhere.
Overseas transmitters or other facilities designed, intended or used
to originate or rebroadcast signals only to distant areas shall not
be included in this definition.
A structure with a roof supported by columns, posts or walls.
An aboveground tank for the storage of gas or liquid shall be deemed
to be a "building." Every building is also a structure. See "structure."
[Amended 10-16-1987 by L.L. No. 15-1987; 11-15-1996 by L.L. No. 19-1996; 5-15-1998 by L.L. No. 20-1998; 9-8-2009 by L.L. No. 23-2009]
The area computed at the maximum horizontal cross section
of the main and accessory buildings on the lot, including the area
of all roofed porches, terraces and similar features.
A building without a basement or cellar, which is constructed
as follows:
[Added 5-15-1998 by L.L. No. 20-1998]
The top of the lowest floor of the building
is elevated above the one-hundred-year flood elevation.
The means of elevating the top of the lowest
floor is either of the following:
The supporting elements described above are
built and anchored so that the structural integrity of the building
will not be impaired during a one-hundred-year flood.
A building without a basement or cellar, which is constructed
as follows:
[Added 5-15-1998 by L.L. No. 20-1998]
The bottom of the lowest horizontal structural
member of the building's lowest floor is elevated above the one-hundred-year
flood elevation.
The bottom of the lowest horizontal structural
member of the lowest floor is elevated by supporting the building
on pilings, columns or shear walls built parallel to the anticipated
flow of floodwaters.
The pilings, columns or shear walls described
above are built and anchored so that the structural integrity of the
building will not be affected during a one-hundred-year flood.
Fill or solid foundation perimeter walls may
not be used to elevate a building in the VE Flood Hazard Zone, although
breakaway walls may be installed beneath the building.
A building which contains one or more dwelling units, such
as a single-family residence, multiple residence or motel.
[Added 11-15-1996 by L.L. No. 19-1996]
Any Town employee appointed by the Town Board as a "Building Inspector" pursuant to Chapter 102 of the Town Code or any other person duly appointed or designated to act as such Inspector.
[Amended 8-6-1999 by L.L. No. 21-1999]
The line which is parallel or concentric to the street line
of the street on which a building fronts, or the edge of any natural
body of water if a building is so designated as to front on said body
of water, and which passes through the point at which the building
is nearest to said street or natural body of water.
The permission granted on behalf of the Town for a person to undertake certain activity, construction or work in relation to a lot, land, building or structure as more fully set forth in § 255-1-30 hereof.
A bus depot or similar facility for embarking or disembarking
passengers of a bus line, limousine service, taxi service or other
similar business engaged in transporting passengers on the public
highways, including any ticket office and all related facilities,
including parking areas. This term shall also apply to a storage yard
for vehicles used in such business if the yard includes administrative
offices and/or fueling facilities, but it shall not be construed to
include a taxi company unless the site from which the taxi company
operates is also used to embark or disembark passengers and/or includes
fueling facilities.
[Added 12-18-1997 by L.L. No. 40-1997][8]
A privately owned facility designed or used for recreational
camping on a daily, weekly or monthly basis in tents, automotive camper
units or house trailers, but not mobile homes, and in which community
sanitary facilities and other necessary services are provided. Compare
"park."
A company licensed by the Federal Communications Commission
(FCC) that provides wireless services. A tower builder or owner is
not a carrier unless licensed to provide personal wireless services.
[Added 11-1-2002 by L.L. No. 34-2002]
A use of land consisting of a building or other structure,
with any appurtenant equipment, which is designed or used to wash,
wax, polish and/or provide similar treatment to motor vehicles and
which is not accessory to a filling station, repair garage or motor
vehicle salesroom and lot. A use which is designed or operated to
provide the aforementioned services to more than one motor vehicle
simultaneously is deemed to be a "major car wash," regardless of whether
it is located on a lot containing a filling station, repair garage
or motor vehicle salesroom and lot.
[Added 12-2-1994 by L.L. No. 13-1994]
An accessory use to a filling station, repair garage or motor
vehicle salesroom and lot, consisting of a building or other structure,
with any appurtenant equipment, which is designed or used to wash,
wax, polish or provide similar treatment to not more than one motor
vehicle at any one time.
[Added 12-2-1994 by L.L. No. 13-1994]
A below-ground structure for the receipt and recharge of
stormwater runoff.
[Added 10-6-1995 by L.L. No. 12-1995]
A private gathering of people at a restaurant, with a list
of invitees, who are coming together for an event for the benefit
of an individual or group organization or to raise money for qualified
not-for profit organization, that has no product sponsorship and is
not for commercial gain.
[Added 7-19-2007 by L.L. No. 26-2007]
That space of a building which is partly or completely below
natural grade. A cellar shall be considered a story if any pilings,
pier or other foundation causes a building to be elevated more than
four feet above adjacent natural grade.[9]
[Amended 11-15-1996 by L.L. No. 19-1996; 12-16-2004 by L.L. No. 36-2004; 9-8-2009 by L.L. No. 23-2009]
The production of chemicals from other chemicals in a plant
or factory designed or operated for the purpose, and the production,
for wholesale or retail, of products such as plastic, neoprene or
vinyl items or products such as tars, oils, varnish, creosote or fiberglass
from crude oil or other organic substances.
A vertical structure incorporated into a building and enclosing
a flue or flues that carry smoke and gases.
[Added 11-16-1990 by L.L. No. 17-1990]
[Amended 10-4-2002 by L.L. No.
31-2002]:
As applied to the act of clearing: the act of
removing trees or any part thereof, brush, or other vegetation and/or
groundcover from land, whether by any means, including but not limited
to digging, scraping, cutting, brushhogging, bulldozing, burning,
chemical removal or by any form of mechanical action. As used herein,
the term "ground cover" shall include naturally occurring understory
vegetation (e.g., lowbush blueberry or huckleberry), as well as leaf
litter and other organic detritus.
[Amended 6-8-2004 by L.L. No. 15-2004]
As applied to an area of land: all land which
has been altered from its natural state by the removal of trees, brush,
or other vegetation and/or ground cover, including land which is in
lawn or from which the ground cover has been removed. As used herein,
the term "natural state" shall mean and refer to the natural condition
of land without substantial alteration by human activity.
A club whose facilities are located contiguous to a water
body and established for the principal purpose of bathing, but excluding
any form of aviation, motorboat racing or waterskiing on inland waterways
or similar hazardous sports.
A club established for the principal purpose of engaging
in such outdoor sports as golf, fishing or hunting, and including
tennis and swimming as subordinate uses, but not including any form
of aviation, trap-, skeet or target shooting or boating.
[Amended 9-24-1991 by L.L. No. 20-1991]
A land use owned and operated by a not-for-profit corporation,
as defined in § 102 of the New York Not-For-Profit Corporation
Law, established for the purpose of enabling its members to engage
in certain recreational activities through use of its facilities.
The activities shall be limited to club members and their guests and
shall not be extended to the general public. The lease of land to
a club by any person shall be deemed to constitute operation of a
recreation facility on that lot for all purposes of this chapter.
A club or privately run business established for the principal
purpose of providing nonenclosed outdoor tennis courts for use by
members or by the general public. Such structures as a clubhouse or
bath house, pro shop no greater than 200 square feet in gross floor
area and/or nonenclosed outdoor swimming pool shall be deemed structures
accessory to this use, but restaurants, bars, stadia and arenas shall
be prohibited.
[Added 9-24-1991 by L.L. No. 20-1991]
A club established for the principal purpose of engaging
in recreational boating. The term "yacht club" shall be deemed to
include the term "recreational marina" but shall not be deemed to
include the term "boatyard," except for the out-of-water storage of
member boats.[10]
See "erosion control structure."
[Amended 4-13-2007 by L.L. No. 14-2007]
The map issued by the Commissioner of the New York State
Department of Environmental Conservation ("DEC") pursuant to Article
34 of the Environmental Conservation Law ("ECL"), as the same may
be amended from time to time. Said map delineates the boundaries of
erosion hazard areas subject to regulation under Article 34 of the
ECL.
[Added 4-13-2007 by L.L. No. 14-2007]
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources. The area is designated on a FIRM as Zone V1-V30,
VE, VO or V.
[Added 10-16-1987 by L.L. No. 15-1987; amended 5-15-1998 by L.L. No. 20-1998; 9-8-2009 by L.L. No. 23-2009]
The deposit of sand or soil on a beach, dune, or the face
of a bluff, in order to restore or replace similar material lost to
erosion, and the stabilization of such material by planting beach
vegetation. This definition shall include the installation of snow
fencing or permeable mesh fencing, the placement of biodegradable
fabric mesh or biodegradable gels, and the installation of drains
and pipes for the control of water runoff, if these devices are designed
and used to allow vegetation to grow upon and stabilize the deposited
materials.
[Added 4-13-2007 by L.L. No. 14-2007]
Every coastal erosion control structure plus all caissons,
catwalks, docks, floating docks, floats, piers, pilings, wharves and
other fabrications designed to give access to or through, permit work
on or in or facilitate the use of any wetland, barrier dune, bluff
or water body. Moorings shall not be included in this definition.
Compare "coastal erosion control structure."
Every local law, ordinance or authorized resolution duly
adopted by the Town Board of the Town of East Hampton and assigned
a chapter number and/or section number for inclusion within the published
Code of the Town of East Hampton, regardless of whether or not such
law, ordinance or resolution is actually included in the most recently
published version of said Code.
Any road now or hereafter designated as a state or county
highway and any of the following Town highways: Abrams Path, Accabonac
Highway (Old Accabonac Road), Alberts Landing Road, Alewife Brook
Road, Atlantic Avenue, Barnes Hole Road, Bluff Road, Cedar Street,
Copeces Lane, Cranberry Hole Road, Cross Highway (between Montauk
Highway and Skimhampton Road), Cross Highway (between Alberts Landing
Road and Fresh Pond Road), Cross Highway (between Fresh Pond Road
and Abrams Landing Road), Cross Highway (between Abrams Landing Road
and Cranberry Hole Road), Daniel's Hole Road, East Flamingo Avenue,
Fireplace Road, Floyd Street, Fort Pond Boulevard, Fresh Pond Road,
Further Lane, Hands Creek Road, Hog Creek Road, Indian Wells Plain
Highway, Industrial Road (Montauk), Jennys Path, Kings Point Road,
Napeague Meadow Road, Navy Road, Neck Path, Northwest Road, Northwest
Landing Road, Old House Landing Road, Old Montauk Highway (the segment
running through Hither Hills State Park to downtown Montauk), Old
Northwest Road, Old West Lake Drive, Sayres Path, Second House Road,
Skimhampton Road, Soak Hides Road, South Fairview Avenue, Spring Close
Highway, Springs-Amagansett Road (Old Stone Highway), Springy Banks
Road, Stephen Hands Path, Swamp Road, Town Lane, Town Line Road, Two
Holes of Water Road, Wainscott Main Street, Wainscott Northwest Road
and Wainscott Stone Road.
[Added 12-18-1997 by L.L. No. 40-1997]
Mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
[Added 11-1-2002 by L.L. No. 34-2002; amended 9-15-2022 by L.L. No. 24-2022]
Mounting or installing transmission equipment on a preexisting
structure; and/or modifying a structure for the purpose of mounting
or installing an antenna on that structure.
[Added 9-15-2022 by L.L. No. 24-2022]
Per Section 704 of the Telecommunications Act of 1996, any
of several technologies using radio signals at various frequencies
to send and receive voice, data and video. According to the FCC, these
services are "functionally equivalent services." Section 704 of the
Telecommunications Act prohibits unreasonable discrimination among
functionally equivalent services.
[Added 11-1-2002 by L.L. No. 34-2002]
Any lot containing a nonconforming business use and any vacant
or improved lot in a commercial use district, unless the only principal
use or uses on that lot are one or more single-family residences.
See "residential property."
[Added 11-15-1996 by L.L. No. 19-1996]
A mutual ingress and egress which is shared by two or more
lots and which provides vehicular access to a public or private street
or highway.
[Added 11-6-1998 by L.L. No. 36-1998][11]
(Personal wireless service facility) A tower, base station
or utility pole that is not readily identifiable as a wireless communication
facility and that is designed to be aesthetically compatible with
existing and proposed building(s) and uses on a site or in the neighborhood
or area. Some of the types of concealment found in the Town are faux
dormers, faux facades, parapets, steeples, faux chimneys and unipoles/monopoles
with canisters.
[Added 9-15-2022 by L.L. No. 24-2022]
A room having at least one closet and one window meeting
the standards of the Uniform Fire Prevention and Building Code, which
is otherwise designed to be used as a bedroom and which is identified
on plans submitted to and approved by the Building Inspector as a
bedroom.
The changing of the use of all or any part of a building,
structure or lot which is being used as a resort, transient motel
or multiple residence to a different such use. The offering for sale
to the public of title, proprietary tenancy or other similar interests
in individual units in an existing motel of any description shall
be deemed in all cases to be included in this definition. See "resort,"
"transient motel" and "multiple residence."
That percentage of lot area covered by any roofed structure
measured to the furthest extent of the roof as projected downward
to the ground. Cornices, eaves, gutters, chimneys and fireplaces projecting
not more than 24 inches from exterior walls shall be excluded from
building coverage. Building coverage is computed by dividing the area
of roofed structures into lot area. See area of building and lot area;
also see "total coverage."
[Amended 9-24-1991 by L.L. No. 20-1991; 11-15-1996 by L.L. No. 19-1996; 1-5-2017 by L.L. No. 4-2017[12]]
That percentage of lot area covered by the ground floor area
of all buildings sited thereon and by all other structures, including
parking areas, driveways and all impermeable surfaces. See "building
coverage (or lot coverage)"; also see "structure."
[Amended 11-15-1996 by L.L. No. 19-1996]
An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
elevated floor. The elevation of the floor of this enclosed area,
which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.
[Added 9-8-2009 by L.L. No. 23-2009]
A business premises used for the making of clothing, millinery,
shoes or other personal articles to individual order or measure, for
sale at retail on the premises only, and not including the manufacture
of machinery, vehicles, appliances and similar heavy goods and ready-to-wear
or standardized products.[13]
The placement, construction, or modification of a personal
wireless service facility.
[Added 9-15-2022 by L.L. No. 24-2022]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.[14]
[Added 10-16-1987 by L.L. No. 15-1987; amended 9-8-2009 by L.L. No. 23-2009]
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 to be a part thereof.
[Added 8-16-1985 by L.L. No. 8-1985]
A delineated, private off-street roadway connecting a house,
garage, or other building with the street that contains an area specifically
designated for parking. The surface of a driveway may be, but is not
limited to dirt, gravel, stone or asphalt. A driveway is not required
to meet setbacks.
[Amended 5-4-2007 by L.L. No. 18-2007]
See "common driveway."
[Added 11-6-1998 by L.L. No. 36-1998]
A naturally occurring accumulation of sand in wind-formed
ridges or mounds landward of the beach, often characterized by the
natural growth of beach grass (Ammophila breviligulata). This definition
shall, however, include man-made deposits of sand placed on or landward
of a beach for the purpose of "dune" construction.
[Amended 4-13-2007 by L.L. No. 14-2007; 9-8-2009 by L.L. No. 23-2009]
The dune or line or system of dunes which is located immediately landward of the beach and which forms the first line of defense against flooding caused by abnormally high tides and/or surf. Occasionally one or more relatively small dune forms exist on the seaward side of the barrier dune. For the purposes of this chapter, such dune forms shall be considered to be a subordinate part of the barrier dune. The seaward limit of a barrier dune is the landward limit of its fronting beach. For the purposes of implementing §§ 255-3-40 through 255-3-45, the inland limit of the primary frontal dune occurs at the point where there is distinct change from a relatively steep slope to a relatively mild slope.
[Amended 4-13-2007 by L.L. No. 14-2007; amended 9-8-2009 by L.L. No. 23-2009]
The highest line or ridge along the top of the barrier dune.
[Added 3-15-1991 by L.L. No. 4-1991;
amended 4-13-2007 by L.L. No. 14-2007; 9-8-2009 by L.L. No. 23-2009]
Any apartment, motel unit, mobile home or single-family residence
as defined herein. Any building or discrete space within a building
which is used by a family for cooking, living or sleeping purposes
or which is designed or equipped to be so used shall be considered
a dwelling unit. A two-family residence, for example, is deemed to
have two dwelling units.
[Amended 11-15-1996 by L.L. No. 19-1996; 5-15-1998 by L.L. No. 20-1998]
A nonbasement building i) built, in the case of a building
in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top
of the elevated floor, or, in the case of a building in Zones V1-V30,
VE, or V, to have the bottom of the lowest horizontal structure member
of the elevated floor elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
flow of the water and ii) adequately anchored so as not to impair
the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99,
AO, AH, B, C, X, or D, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of floodwaters.
In the case of Zones V1-V30, VE, or V, "elevated building" also includes
a building otherwise meeting the definition of "elevated building,”
even though the lower area is enclosed by means of breakaway walls
that meet the federal standards.
[Added 10-16-1987 by L.L. No. 15-1987; amended 9-8-2009 by L.L. No. 23-2009]
The measurement of height above sea level; also AMSL, or
above mean sea level.
[Added 11-1-2002 by L.L. No. 34-2002]
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving:
[Added 9-15-2022 by L.L. No. 24-2022]
Any tower or base station as defined in this Glossary, provided
that it is existing at the time the relevant application is filed
with the state or local government.
[Added 9-15-2022 by L.L. No. 24-2022]
Land mobile radio with telephone and data services.
[Added 11-1-2002 by L.L. No. 34-2002]
As applied to a building or structure, any activity causing
an increase in one or more exterior dimensions of the building or
structure or any part thereof.
[Added 3-15-1991 by L.L. No. 4-1991]
An enclosed structure at the base of the mount within which
is housed the equipment for the personal wireless service facility
such as batteries and electrical equipment.
[Added 11-1-2002 by L.L. No. 34-2002]
As applied to coastal areas of the Town or to coastal processes,
the loss or displacement of land along the coastline from the action
of waves, currents, tides, wind-driven water, waterborne ice, or other
effects of storms, as well as the loss or displacement of such land
from the action of wind, rain, runoff of surface waters, or groundwater
seepage.
[Added 4-13-2007 by L.L. No. 14-2007]
Every structure sited in or under any body of water, or on
or near any shoreline, wetland, beach, or bluff adjacent thereto,
which is designed to reduce, retard or prevent erosion of the shoreline
or the silting or filling in of a natural or dredged harbor or channel.
This definition shall be deemed to include all groins, jetties, seawalls,
revetments, bulkheads, breakwaters, gabions, and riprap, as well as
any other man-made fabrication or device, including one made of geotextile
tubes or sandbags, which is designed to reduce, retard or prevent
erosion and which is not included in the definition of "coastal restoration
project" found herein. An "erosion control structure" shall constitute
a "coastal structure" as defined herein.
[Added 4-13-2007 by L.L. No. 14-2007]
A vessel used on a commercial basis to take passengers to
sea from any port or place within the Town of East Hampton and which
returns those passengers to the point of origin without an intervening
stop at any port or other land not located in the Town. As used herein,
the term "to sea" shall mean into any harbor, bay or other waters
within or adjoining the Town of East Hampton, including the Atlantic
Ocean. This term shall include a vessel employed on a commercial basis
for party-fishing trips (commonly called a "party boat"), a vessel
used for sight-seeing trips or tours (e.g., a whale-watching boat),
a dinner cruise vessel or a vessel employed on gambling trips outside
the territorial waters of the State of New York. Compare "ferry."
[Added 12-18-1997 by L.L. No. 40-1997]
(Personal wireless service facility) A constructed tower
or base station is existing for purposes of this Glossary if it has
been reviewed and approved under the applicable zoning or siting process,
or under another state or local regulatory review process, provided
that a tower that has not been reviewed and approved because it was
not in a zoned area when it was built, but was lawfully constructed,
is existing for purposes of this definition.
[Added 9-15-2022 by L.L. No. 24-2022]
[Amended 10-16-1987 by L.L. No.
15-1987; 11-15-1996 by L.L. No. 19-1996]:
Structure. A substantial expansion of a structure
shall be deemed to occur in the following circumstances:
[Amended 5-15-1998 by L.L. No. 20-1998]
Gross floor area: upon making an addition to
the structure which increases its gross floor area by 50% or more
over the gross floor area which the structure had on the date it first
became subject to the provisions of this chapter regulating or limiting
its substantial expansion.
Value: upon making an addition to the structure
or undertaking a reconstruction, rehabilitation or other improvement
of the structure, the cost of which equals or exceeds 50% of the market
value of the structure prior to making or undertaking the addition,
reconstruction, rehabilitation or other improvement. For the purposes
of this provision, if the addition, reconstruction, rehabilitation
or other improvement is made following damage to the structure, the
market value of the structure shall be that which it had before the
damage occurred. The term does not, however, include either:
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety codes and which are solely necessary to assure safe living
conditions; or
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
Use. A substantial expansion of a use shall
be deemed to occur in either of the following circumstances:
Where the use has never previously been made
subject to the provisions of this chapter regulating or limiting its
"substantial expansion," when there is a "substantial expansion" under
either Subsection A(1) or (2) above, of either the principal building
or structures or of the aggregate of all buildings and structures
on the lot.
Where the use has previously undergone a "substantial
expansion" subject to the provisions of this chapter and has been
regulated accordingly, when either:
There is an increase of 25% or more in the gross
floor area of the principal building or structure or of the aggregate
of all buildings and structures on the lot (based upon the gross floor
area existing after the previously regulated "substantial expansion");
or
There is an addition of any improvement having
a value equal to or greater than 25% of the existing fair market value
of either the principal building or structure or of the aggregate
of all buildings and structures on the lot.
Passenger ferry terminals. In addition to the
other provisions of this subsection regarding substantial expansion
of structures or uses, a substantial expansion of a passenger ferry
terminal shall be deemed to result from any increase in ferry passenger
capacity, as defined in this chapter. Such increase shall be regarded
as a substantial expansion regardless of its magnitude and regardless
of whether it is due to an increase in the number of ferries using
the terminal, the replacement of one ferry with another having a larger
capacity, an increase in the capacity of an existing ferry, an increase
in the number of ferry trips daily or other cause.
[Added 12-18-1997 by L.L. No. 40-1997]
Substantial improvement. The term "substantial
expansion" shall be deemed also to include or to refer to the term
"substantial improvement."
See "personal wireless service facility."
[Added 9-15-2022 by L.L. No. 24-2022]
The area on the ground within a prescribed radius from the
base of a personal wireless facility. The fall zone is the area within
which there might be a potential hazard from falling debris or collapsing
material.
[Added 11-1-2002 by L.L. No. 34-2002; amended 9-15-2022 by L.L. No. 24-2022]
[Amended 11-15-1996 by L.L. No. 19-1996]
The following shall constitute a family hereunder:
Any number of persons occupying a dwelling unit,
provided that all are related by blood, marriage or legal adoption
and provided that they live and cook together as a single housekeeping
unit; or
Any number of persons not exceeding four occupying
a dwelling unit and living and cooking together as a single housekeeping
unit, where not all are 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.
A group of unrelated persons numbering more than four and occupying a dwelling unit shall be presumed not to constitute a family. This presumption can be overcome only by a showing that, under the standards enumerated in § 255-8-50 hereof, the group constitutes the functional equivalent of a family. A determination as to the status of such group may be made in the first instance by the Building Inspector or, on appeal from an order, requirement, decision or determination made by him, by the Zoning Board of Appeals.
Persons occupying group quarters, such as a
dormitory, fraternity or sorority house or a seminary, shall not be
considered a family.
A family whose aggregate annual income does not exceed the
income limits for lower income families (i.e., families earning no
more than 130% of the median family income for a family of that size)
promulgated for the Nassau-Suffolk, NY HUD Metro FMR Area and published
annually by the Secretary of the United States Department of Housing
and Urban Development pursuant to Section 3(b)(2) of the United States
Housing Act of 1937 [42 U.S.C. § 1437a(b)(2)] and Part 813,
Subpart A, Section 102, of Title 24, Subtitle B, of the Code of Federal
Regulations (24 CFR 813.102).
[Amended 1-20-1989 by L.L. No. 1-1989; 12-1-2016 by L.L. No. 49-2016]
Any number of persons related by blood, marriage or adoption
to any owner of record of any dwelling unit.
A temporary open-walled structure not exceeding 200 square
feet in gross floor area which is located on a lot being used for
agriculture and which is erected, maintained and operated by the owner
or the lessee-farmer and from which produce grown or raised on that
lot, with or without other produce, is sold to the general public.[15]
[Amended 9-17-1993 by L.L. No. 28-1993]
An independent federal agency charged with licensing and
regulating wireless communications at the national level.
[Added 11-1-2002 by L.L. No. 34-2002]
The federal agency that administers the National Flood Insurance
Program.
[Added 5-15-1998 by L.L. No. 20-1998; amended 9-8-2009 by L.L. No. 23-2009]
A structure that is not opaque (as defined herein), designed
to either define the boundary of, or limit access to, a lot or a portion
thereof, but which does not substantially screen such area from view.
[Amended 6-14-2001 by L.L. No. 11-2001]
A vessel used in the business of carrying passengers between
any port or place in the Town of East Hampton and any other port or
place without the Town. Compare "excursion boat."
[Added 12-18-1997 by L.L. No. 40-1997]
The number of persons which a vessel used as a ferry may
lawfully carry as passengers, under the rules and regulations of the
United States Coast Guard or other regulating authority then in effect.
As applied to a passenger ferry terminal, this term shall mean the
maximum number of passengers which could have departed from the terminal
on publicly scheduled trips under a "best-day" condition. Ferry passenger
capacity for a ferry terminal under a "best-day" condition shall be
calculated as follows: (1) determine the passenger capacity of any
ferry departing from the terminal on a given calendar day (midnight
to midnight); (2) multiply this passenger capacity by the number of
departures made by that ferry from the terminal on that day; and (3)
add to this number the products of (1) times (2) for every other ferry
departing from the terminal on that same day. The use of this formula
shall be subject to the following provisos:
[Added 12-18-1997 by L.L. No. 40-1997; amended 2-9-1999 by L.L. No. 6-1999]
The day used in making this calculation shall
be that which yields the highest number for the terminal's ferry passenger
capacity (i.e., the "best day" in terms of the potential number of
ferry passengers departing the terminal on publicly scheduled trips).
Each ferry whose departure is used in making
this calculation shall be a ferry which regularly docks at or uses
the ferry terminal.
Each departure used in making this calculation
shall be a bona fide ferry departure open to the public and shown
on the ferry terminal's published sailing schedule.
Any dock, wharf, pier or other place at which a ferry embarks
or disembarks passengers, including ticket offices, parking areas
and all other related facilities. This term shall not include a facility
for embarking or disembarking motor vehicles to or from a ferry.
[Added 12-18-1997 by L.L. No. 40-1997]
Any dock, wharf, pier or other place at which a ferry embarks
or disembarks passengers and motor vehicles (i.e., trucks, buses,
cars and/or motorcycles), including ticket offices, parking areas,
queuing aisles and all other related facilities.
[Added 12-18-1997 by L.L. No. 40-1997]
Any area of vegetation, including but not limited to areas
of turf grass, farms, vineyards, gardens or landscaped areas, which
requires planting, mowing, cultivation, weeding, fertilization, pest
control or other kinds of regular care and management in order to
come into existence or to survive.
A use of land consisting of a building or lot, or part thereof,
supplying and selling gasoline or equivalent fuel for motor vehicles
at retail direct from pumps and storage tanks. A "filling station"
may include accessory facilities, such as for lubrication and minor
repairs and adjustments, and may include a "minor car wash" as an
accessory use. No supermarket, delicatessen, convenience establishment
or other retail store shall be located on the same lot.
[Amended 12-2-1994 by L.L. No. 13-1994]
The study and creation of visual works of art requiring highly
developed techniques and skills. Such art forms include, but are not
limited to, painting, sculpture, printmaking, ceramics and photography.
[Added 10-6-2006 by L.L. No. 25-2006]
An official Flood Insurance Rate Map for all or any part
of the Town of East Hampton prepared by the United States Department
of Housing and Urban Development and the United States Army Corps
of Engineers, as the same may be amended or updated by the same from
time to time.
A shorefront business renting or selling bait, tackle, boats
or other supplies and equipment to anglers for use on the site or
at nearby locations; or any private property on which members of the
public are charged a fee to fish from a dock, a pier or the shore.
The readying of fish or shellfish for shipping to market,
including icing, cleaning, filleting, shucking and the cooking of
crabs or lobster, but not including other cooking, canning, freezing,
smoking or other fish factory operations.
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 10-6-1995 by L.L. No. 12-1995]
The part of a flag lot which provides physical access from
the lot to a street and which is narrow in relation to the rest of
the lot.
[Added 10-6-1995 by L.L. No. 12-1995]
See "flood, one-hundred-year."
[Added 5-15-1998 by L.L. No. 20-1998]
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The FBFM delineates a regulatory floodway along watercourses
studied in detail in the Flood Insurance Study.
[Added 9-8-2009 by L.L. No. 23-2009]
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of flood-related erosion
hazards.
[Added 5-15-1998 by L.L. No. 20-1998; amended 9-8-2009 by L.L. No.
23-2009
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are
provided.
[Added 9-8-2009 by L.L. No. 23-2009]
A walled and roofed building, a mobile or manufactured home
or a gas or liquid storage tank that is located principally above
ground.
[Added 10-16-1987 by L.L. No. 15-1987]
An official map of a community issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are
provided.
[Added 10-16-1987 by L.L. No. 15-1987; amended 5-15-1998 by L.L. No. 20-1998; 9-8-2009 by L.L. No. 23-2009]
See "flood elevation study."
[Added 10-16-1987 by L.L. No. 15-1987; amended 5-15-1998 by L.L. No. 20-1998; 9-8-2009 by L.L. No. 23-2009]
That flood having a 1% chance of being equaled or exceeded
in any given year. This term shall have the same meaning as "base
flood."
[Added 5-15-1998 by L.L. No. 20-1998]
[Added 10-16-1987 by L.L. No. 15-1987; amended 5-15-1998 by L.L. No. 20-1998; 9-8-2009 by L.L. No. 23-2009]
"Flood" or "flooding" also means the collapse or subsidence
of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm,
or by an unanticipated force of nature, such as a flash flood or an
abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in Subsection A(1) above.
Any land area susceptible to being inundated by water from
any source (see "flooding").
[Amended 5-15-1998 by L.L. No. 20-1998; 9-8-2009 by L.L. No.
23-2009]
The land within the Town which is subject to a one-percent
or greater chance of flooding in any given year, as determined by
the Federal Emergency Management Agency. This area is designated as
Zone A, AE or VE on the Flood Insurance Rate Map and includes Zones
A, AE and VE in the Flood Hazard Overlay District. This term shall
have the same meaning as "base floodplain" or "area of special flood
hazard."
[Added 5-15-1998 by L.L. No. 20-1998]
The portion of the one-hundred-year floodplain which extends
from offshore to the inland limit of a barrier dune, as well as any
other area subject to high-velocity wave action from storms or seismic
sources, as determined by the Federal Emergency Management Agency.
This area is designated as Zone VE an the Flood Insurance Rate Map
and is Zone VE in the Flood Hazard Overlay District. This term shall
have the same meaning as "coastal high hazard area."
[Added 5-15-1998 by L.L. No. 20-1998]
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 10-16-1987 by L.L. No. 15-1987; amended 9-8-2009 by L.L. No. 23-2009]
Has the same meaning as "regulatory floodway."
[Added 9-8-2009 by L.L. No. 23-2009]
The top surface of the continuous, weight-bearing construction
within a structure or building upon which persons or objects stand,
e.g., the top of the slab in concrete slab construction or the top
of the wood flooring in wood frame construction. A "floor" may be
found at each level or story of a building or structure including
the basement or cellar.
[Added 10-16-1987 by L.L. No. 15-1987]
[Amended 3-15-1991 by L.L. No. 4-1991; 11-15-1996 by L.L. No.
19-1996]
For a habitable building, the cumulative area, in square feet, of every story of the building, measured to the exterior face of the frame or masonry wall, but excluding cellars, attics, or spaces with ceilings of less than five feet. Stairwells and interior spaces with a floor-to-ceiling height in excess of 15 feet shall be counted twice. The gross floor area of open air appendages such as porches and screened patios shall be calculated separately, in the manner set forth in Subsection C hereof, and shall not be included in the gross floor area of the habitable building.
[Amended 1-5-2017 by L.L.
No. 2-2017[16]]
For buildings which are not habitable, including
accessory structures, such as pool houses, the cumulative area, in
square feet, of:
[Amended 10-7-2021 by L.L. No. 18-2021]
Every story of the building, measured to the outside of the exterior walls. When one or more accessory structure is less than five feet from another accessory structure, the total aggregate square footage of the accessory buildings is the gross floor area for the purposes of limitations under § 255-11-23B; plus
The area of any cellar which is used for a purpose
other than mechanical space, storage or as a passageway.
For all other structures, including porches
and roofed patios attached to a habitable building, the horizontal
area of the structure, in square feet, measured to its outermost extent.
When one or more accessory structures are less than five feet from another accessory structure, the total aggregate square footage of the accessory buildings is the gross floor area for the purposes of limitations under § 255-11-23B.
[Added 10-7-2021 by L.L. No. 18-2021]
The area, in square feet, of all floor levels of any dwelling
unit, measured from the inside of all walls. In calculating this figure,
all porches, patios, garages, breezeways, terraces and other attached
and detached accessory buildings or structures shall be excluded.
The floor found at the lowest elevation or level within a
building (including a basement or cellar). An unfinished space beneath
the first story of a building, with or without a flood-resistant enclosure,
usable solely for parking of vehicles, building access or unprotected
storage, shall not be deemed to be the building's "lowest floor,"
provided that any flood-resistant enclosure of such space is built
in accordance with the requirements of the Flood Hazard Overlay District
(other than the requirements pertaining to floor elevation).
[Added 10-16-1987 by L.L. No. 15-1987; amended 5-15-1998 by L.L. No. 20-1998]
A business use primarily conducted indoors, which provides
prepackaged and custom flower and plant arrangements by special order
at retail along with accompanying goods such as vases, decorative
pottery and similar container items. Items are not grown on site and
are not sold wholesale. Usually includes indoor refrigeration units
to keep flowers fresh, and delivery vans. Compare "garden center."
[Added 5-21-2015 by L.L.
No. 11-2015]
A type of retail store, restaurant, tavern, bar, or fast-food
or drive-in restaurant which is under common ownership or control
or is a franchise, and is one of 15 or more other businesses or establishments
within the United States maintaining two or more of the following
features:
[Added 9-18-2014 by L.L. No. 32-2014]
Standardized menu or standardized array of merchandise with
50% or more of in-stock merchandise from a single distributor bearing
uniform markings.
Trademark or service mark, defined as a word, phrase, symbol
or design, or a combination of words, phrases, symbols or designs,
that identifies and distinguishes the source of the goods from one
party from those of others, on products or as part of store design,
such as cups, napkins, bags, boxes, wrappers, straws, store signs
or advertising devices.
Standardized color scheme used throughout the interior or exterior
of the establishment, including, but not limited to, graphics, awnings,
signage, and the like visible from the exterior of the structure.
Standardized interior decor, including, but not limited to,
style of furniture, wall coverings, permanent fixtures, displays,
and window treatments.
Standardized uniform, including but not limited to aprons, pants,
shirts, smocks or dresses, hat, and pins (other than name tags).
The width of lot which directly abuts a street. A lot is deemed to front on a street if it directly abuts (i.e., touches) the street. Pursuant to § 255-11-76 hereof, the Planning Board can in certain subdivisions deem a lot to have frontage on a street if it has access to the street by means of a common driveway easement or access easement. Compare Town Law § 280-a, Subdivision 5.
[Added 11-15-1996 by L.L. No. 19-1996]
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, and ship repair facilities. The term
does not include long-term storage, manufacturing, sales, or service
facilities.
[Added 9-8-2009 by L.L. No. 23-2009]
Cellular, PCS, enhanced specialized mobile radio, specialized
mobile radio and paging. Section 704 of the Telecommunications Act
prohibits unreasonable discrimination among functionally equivalent
services.
[Added 11-1-2002 by L.L. No. 34-2002]
A sloping or pitched roof of a building having a pitch of
at least six inches for every foot of run. The peak of such a roof
may be either a point or a line.
An accessory building used for the storage of motor vehicles
and all types of farm machinery and conveyances owned and regularly
used by or on behalf of the owner or tenant of the lot on which it
is erected and only for a purpose accessory to the permitted use of
the lot.
A use of land consisting of a building and any accessory
structures, which is used for adjustment, painting, replacement of
parts or other repair or restoration of motor vehicles or parts thereof.
A "repair garage" may include a minor car wash as an accessory use.
A home garage employed for personal use shall not be deemed to be
included in this definition.
[Amended 12-2-1994 by L.L. No. 13-1994]
A commercial use of land consisting of the rental of space
within a building for the storage and sheltering of motor vehicles
and other conveyances, machinery or equipment. A storage garage shall
be considered a passive indoor use and shall not encompass any form
of outdoor storage nor any repair work or other trade or business
carried on within the building. The storage of boats at a marina or
boatyard shall not also be considered a storage garage.
[Amended 12-18-1997 by L.L. No. 39-1997]
A business use consisting principally of the sale or marketing
of horticultural commodities (i.e., plants, trees, shrubs or live
or cut flowers), whether at retail or wholesale and whether raised
on the premises or not. A garden center must include a building in
which the business of the garden center is transacted. A garden center
may also consist of one or more parcels of land on which no building
is situated but on which horticultural products are grown or displayed,
provided that any such parcels are located within 500 feet of the
lot containing the building.
[Added 11-15-1996 by L.L. No. 19-1996]
A structure that is a movable barrier, usually hinged, designed
either for closing an opening in a wall or fence; or to allow passage
into or out of an enclosed place; or to limit access along a driveway.
[Added 12-17-2020 by L.L. No. 10-2020]
An erosion control structure consisting of one or more synthetic
textile tubes or cylinders, or sandbag systems which are filled with
sand of grain size and composition compatible with surrounding area
beaches, sealed, and placed in or on the beach or shore. This term
shall specifically refer to such a structure consisting of not more
than two tiers of such tubes or bags, layered one atop the other and
placed parallel to the shoreline, and having a finished height of
no more than six feet above natural grade.
[Added 4-13-2007 by L.L. No. 14-2007]
The natural grade, prior to construction, next to the proposed
walls of a structure. See "grade, natural."
[Added 5-15-1998 by L.L. No. 20-1998]
The surface elevation of land at a given point or place before
any alteration of the land is undertaken. This term shall have the
same meaning as "natural ground level" or "natural ground elevation."
See also "grade, highest adjacent."
[Added 5-15-1998 by L.L. No. 20-1998]
The removal of some or all of the topsoil or ground cover
of a site by hand or machine, whether or not resulting in changes
to existing topographical contours. The importation of soil, fill
or other materials to a site and/or the redistribution of soil or
fill from one part of a site to another shall be deemed to constitute
"grading" and shall be included in this definition.
A removable structure or device for the culture and propagation
of plants and flowers, consisting of a framework covered with demountable
transparent or translucent materials (such as polyurethane sheets
or panels) and placed on or in the ground upon supporting poles embedded
in a noncontinuous foundation of concrete or similar material. A "temporary
greenhouse" shall not be deemed to be an agricultural building but
shall constitute an agricultural structure for all purposes of this
chapter.
[Added 9-17-1993 by L.L. No. 28-1993]
A conventional bedroom with or without bathroom facilities being rented to paying guests located in a single-family residence. Such bedroom shall be at least 80 square feet in area and shall not contain a kitchen or plug-in kitchen appliances. Occupancy of guest rooms shall not exceed a total of two persons, regardless of age, per single-family residence and shall also meet the minimum area requirements set forth in § 255-11-67A(9).
[Amended 8-2-2002 by L.L. No. 23-2002; 3-7-2008 by L.L. No.
4-2008]
A type of mount that is anchored to the ground or to another
surface by diagonal cables.
[Added 11-1-2002 by L.L. No. 34-2002]
The linear distance from the rooftop or side of structure
where the antenna is attached to the base station or tower and the
ground level. For new and replacement utility poles and new and replacement
towers, the linear distance from the ground level to the highest physical
point on the wireless communication facility, excluding the lightning
rod.
[Added 11-1-2002 by L.L. No. 34-2002; amended 9-15-2022 by L.L. No. 24-2022]
The vertical distance measured from natural ground elevation
to the highest point of the highest finished roof thereof or, in the
case of a structure, to the highest point.[17]
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
[Added 9-8-2009 by L.L. No. 23-2009]
Any building, structure or lot designated by the Town Board as an historic landmark pursuant to § 255-7-25 hereof.
[Added 10-19-1999 by L.L. No. 26-1999]
Any structure which is:
[Added 5-15-1998 by L.L. No. 20-1998; amended 9-8-2009 by L.L. No. 23-2009]
Individually listed in the National Register
of Historic Places (a listing maintained by the United States Department
of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing in the
National Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed in the New York State Register
of Historic Places; or
Individually listed in a Town inventory of historic
places, provided that the Town historic preservation program has been
certified by the New York State Office of Parks, Recreation, and Historic
Preservation.
Any gainful activity customarily conducted within a dwelling
unit by the residents thereof which is clearly secondary to the residential
use and which does not otherwise change the character of the building
as a residence. Such activity shall be deemed a "home occupation"
only if the following requisites are met:
[Amended 5-5-1998 by L.L. No. 19-1998; 12-20-2001 by L.L. No.
33-2001]
The area devoted to the activity shall not exceed
25% of the gross floor area of the dwelling unit, or 500 square feet,
whichever is less.
The activity shall be conducted solely by resident
members of the family occupying the dwelling unit, except that up
to one additional person may be employed who is not a member of the
resident family.
There shall be no external evidence of the activity,
including audible noise, other than one announcement sign of a type
authorized by this chapter.
|
Notwithstanding the above, no clinic, hospital,
restaurant, breeding kennel, or antique dealer shall be considered
a "home occupation." In addition, no retail shop shall be considered
a "home occupation"; provided, however, that the business of a private
consultant shall be considered a "home occupation," even if it involves
the incidental sale of goods or merchandise to clients (e.g., as by
a fashion or computer consultant), if (a) the consultant is available
to clients only on an individual basis and by prior appointment; (b)
the business is neither open to the general public on a walk-in basis
nor holds itself to be so; (c) the home is located within a Limited
Business Overlay District; and (d) the Town Board shall have accepted
a duly executed and acknowledged document in form acceptable to the
Town Attorney, which includes a floor plan of the entire premises
and identifies the portion used for the private consulting business,
and pursuant to which the consultant (i) represents and agrees to
operate the consulting business in accordance with the floor plan
and this definition of "home occupation," and (ii) grants the Town
Building Inspector and Code Enforcement Officer permission to enter
and inspect the premises during regular business hours for the purpose
of ascertaining the consultant's compliance with this definition of
"home occupation." Activities carried on by a resident which are connected
with produce of the seas, bays or harbors caught or dug by him, including
storage of boats and gear, spreading and mending of nets and other
gear, and sale of such produce so gathered, shall constitute a "home
occupation."
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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, as well as the office or studio of a lawyer, architect, artist, real estate broker or salesperson, boat captain, insurance broker or agent, or tutor, provided that not more than two persons are employed by or associated with said office use who are not members of the resident family. Such office shall be entirely contained within the residence structure, and the area devoted to the office use shall not exceed 25% of the gross floor area of the dwelling unit, or 500 square feet, whichever is less. Such office may contain a sink and toilet but shall not have any kitchen, portable cooking facilities, bathing facilities or shower. There shall be no external evidence of the office and associated activity, including audible noise, other than one announcement sign of a type authorized by this chapter. A "tutor" shall mean a teacher offering individual academic, musical, dance or voice instruction. No barber or barbershop, beautician or beauty parlor, biological or other medical testing laboratory, convalescent home, hairdressing or manicuring establishment, mortuary, restaurant, tearoom, tourist home or other business, shop, store, trade or the office of any person professionally engaged in the purchase or sale of goods shall be considered a "home professional office." An artist's studio shall constitute a home professional office for the purpose of this definition, but such studio shall not be limited to any particular percentage of the ground floor or total floor area of the residence of which it is a part, or it may be located in a detached structure on the same lot as the residence, provided that the conditions set forth in § 255-11-88 of this chapter for such oversized or detached artist studios are at all times strictly adhered to.
[Amended 5-5-1998 by L.L. No. 19-1998]
See Appendix L1, Figure A.[18]
[Added 10-6-2006 by L.L. No. 27-2006]
A business use of a lot for any of the following purposes:
boarding, breeding, raising or training of horses. The use shall not
include letting horses for hire to individuals or groups, the giving
of horseback riding instructions, or any other activity defined herein
as a riding academy. The operation of a horse farm shall constitute
"animal husbandry" as defined herein.
[Added 8-16-1985 by L.L. No. 8-1985;
amended 9-17-1993 by L.L. No. 28-1993]
See "motel."
An unshielded light bulb or fixture mounted on a residence
within five feet of a doorway, or on any residential building within
five feet of a doorway, which produces a maximum of 900 initial lumens
(approximately 60 watts incandescent or 13 watts fluorescent) or a
light mounted on a residence within five feet of any doorway or on
any residential building within five feet of a doorway which is fully
shielded. A "PAR" bulb light, spotlight or floodlight shall not be
considered a house light.
[Added 10-6-2006 by L.L. No. 27-2006]
A towable dwelling on a vehicular chassis, provided with
some or all of the following mechanical systems and equipment: plumbing,
heating, air conditioning, electrical, cooking and refrigeration;
but which is neither connected to an external sewage disposal system
nor connected to an external electrical source. Any house trailer
which is not in a readily movable condition, or which is connected
to an external sewage disposal system or to an external electrical
source, or which, however equipped, is used for living purposes while
located on the same parcel of land for more than 14 consecutive days,
shall be deemed to be a mobile home for all purposes of this chapter.
A house trailer is 400 square feet or less when measured at the largest
horizontal projections.
[Amended 5-15-1998 by L.L. No. 20-1998; 9-8-2009 by L.L. No. 23-2009]
Area surface with smooth ice for skating, hockey or curling.
An ice rink may be either:
[Added 12-16-2004 by L.L. No. 37-2004; amended 7-1-2005 by L.L. No. 20-2005; 8-18-2005 by L.L. No. 25-2005]
Tier one ice rink. An ice rink that:
Is a legally existing playing court;
Is less than or equal to 7,200 square feet in
iced area;
Has a barrier surrounding the iced area that
is less than 36 inches in height;
Has a refrigeration unit or auxiliary power
generation source that emits 50 dBA or less as per the manufacturer's
specifications;
The refrigeration unit or auxiliary power generation
source requires no additional fuel source to support the ice rink;
Is not illuminated at night; and
Has no accessory structures associated with
the ice rink.
Tier two ice rink. An ice rink that:
Exceeds 7,200 square feet in iced area;
Has a barrier surrounding the iced area that
exceeds 36 inches in height;
Is illuminated at night;
Has music;
Has a refrigeration unit or auxiliary power
generation source that emits more than 50 dBA as per manufacturer's
specifications;
Requires an additional fuel source to support
the ice rink (e.g., fuel tank, natural gas line);
Has additional accessory structures (e.g., storage
or Zamboni shed, additional fencing); or
Creates a new access to the property.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
The term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however, include either:
[Added 9-8-2009 by L.L. No. 23-2009]
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
A unit of measurement of the redness or blueness of white
light. The lower the Kelvin number, the more yellow and red will be
seen; the higher the Kelvin number, the bluer the light will look.
[Added 10-6-2006 by L.L. No. 27-2006]
A building or buildings, and the structures and uses accessory
thereto, for experimentation in pure or applied research, design,
development, sampling and testing of air, water or substances or for
testing and production of prototype machines, devices, substances
or products.
See "historic landmark."
[Added 10-19-1999 by L.L. No. 26-1999]
Standard and low-voltage lighting that is designed to illuminate
foliage, pathways and landscape features that do not exceed 550 initial
lumens (approximately 40 watts incandescent) per fixture on a residential
lot. Driveway stanchions located within five feet of the property
line must not exceed 200 lumens (approximately 25 watts incandescent)
each.
[Added 10-6-2006 by L.L. No. 27-2006]
A type of mount that consists of multiple legs and cross-bracing
of structural steel.
[Added 11-1-2002 by L.L. No. 34-2002]
Radiant energy in the visible spectrum, artificially generated
by electricity or gas flame.
[Added 10-6-2006 by L.L. No. 27-2006]
The origin of light and its housing, such as an electric
filament in a glass bulb.
[Added 10-6-2006 by L.L. No. 27-2006]
A complete lighting unit consisting of one or more light
bulbs together with the parts designed to distribute light, position
and protect the lamp, and connect the lamp to the power supply. A
light fixture may include a ballast, the mounting apparatus, and photocells
or sensors, if any. Also known as a "luminaire."[19]
[Added 10-6-2006 by L.L. No. 27-2006]
A light fixture with an opaque shield above the light source
so that, as designed and installed, the light fixture projects all
its light below the horizontal plane. Full cutoff fixtures are considered
fully shielded. See Appendix L1, Figure B.[20]
[Added 10-6-2006 by L.L. No. 27-2006]
A light fixture which is not fully shielded and, as installed,
emits at least some light above the horizontal plane. Also classified
as a cutoff, semi-cutoff or non-cutoff light fixture. See Appendix
L2.[21]
[Added 10-6-2006 by L.L. No. 27-2006]
As used in this chapter, and unless otherwise specified,
shall mean exterior lighting produced by artificial means.
[Added 10-6-2006 by L.L. No. 27-2006]
The light-emitting parts of a light fixture, consisting of
the bulb, filament and any transparent, translucent or frosted elements
(covering over the light bulb) as well as any refractors, reflectors,
prismatic lenses, mirrors, or diffusers which emit or transmit light.
[Added 10-6-2006 by L.L. No. 27-2006]
A dust-free space at least 12 feet wide and 40 feet long,
having a minimum fourteen-foot vertical clearance for loading and
unloading vehicles. No such space required by this Code or depicted
on any site plan shall constitute a parking space for the purposes
hereof.
The person appointed by the community to administer and implement
this local law[22] by granting or denying development permits in accordance
with its provisions. This person is often the Building Inspector,
Code Enforcement Officer, or employee of an engineering department.
[Added 9-8-2009 by L.L. No. 23-2009]
Any agency, authority, department, bureau, board, body, employee,
officer or office of the government of the Town of East Hampton, exclusive
of any incorporated village therein.
A parcel of land of any size whatsoever physically capable
of being occupied by one or more principal buildings and accessory
buildings or uses, regardless of whether any particular use, building
or structure is permitted thereon under the provisions of this chapter.
The total horizontal area contained within and enclosed by
the outer boundary lines of any lot; provided, however, that, for
any purpose for which it must be calculated under the provisions of
this chapter, "lot area" shall not include the following:
[Amended 4-4-1986 by L.L. No. 2-1986; 6-5-1992 by L.L. No.
15-1992; 11-15-1996 by L.L. No. 19-1996; 11-6-1998 by L.L. No.
36-1998; 4-7-2011 by L.L. No. 4-2011]
That portion of a lot which is underwater land.
That portion of a lot which lies in, on or under
any street, right-of-way, common driveway easement or access easement.
That portion of a lot which is burdened by a
private easement prohibiting the erection of buildings.
That portion of a lot which lies seaward of the bluff line or primary dune crest, except in those areas designated in § 255-4-40C where lot area shall exclude that portion of the lot that is seaward from the base of bluff.
That portion of a lot which is beach, wetland
or watercourse, as defined herein.
|
Except for the exclusion of underwater land,
the above limitations on calculated lot area shall not be applied
in determining the applicable bluff setback for any lot.
|
A lot at the junction of and fronting on two or more intersecting
streets having an interior angle of less than 135° at their intersection,
or a lot abutting a curved street where the tangents to the curve
at the points of intersection of the side lot lines intersect at any
interior angle of less than 135°, or any lot formed in part by
a waterfront lot line and a street right-of-way line which intersect.
See "flag lot."
[Added 11-15-1996 by L.L. No. 19-1996]
A line forming the boundary between one lot or parcel of
land and a lawfully separate lot or parcel, including the right-of-way
of any public or private street; a property boundary. See "front lot
line," "rear lot line" and "side lot line."
[Added 11-15-1996 by L.L. No. 19-1996]
A street right-of-way line at the front of a lot, except
that in the case of a waterfront lot other than an oceanfront lot,
any waterfront lot line shall be considered a front lot line. A lot
which fronts on more than one street, such as a corner lot, may have
more than one front lot line.
[Amended 11-15-1996 by L.L. No. 19-1996]
A lot line opposite a front lot line.
[Amended 11-15-1996 by L.L. No. 19-1996]
Any lot line other than a front or rear lot line.
A lot extending from one street frontage to another street
frontage or to a municipal off-street parking lot frontage.
The length of the shortest line which can be drawn from side
lot line to side lot line of a lot which touches the building line
at any point.
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for the parking of vehicles, building access, or storage in an area
other than a basement area, is not considered a building's lowest
floor, provided that such enclosure is not built so as to render the
structure in violation of the applicable nonelevation design requirements
of this local law.[24]
[Added 9-8-2009 by L.L. No. 23-2009]
A measure of light energy generated by a light source. The
initial lumen rating of a lamp or light bulb is provided by the lamp
manufacturer.
[Added 10-6-2006 by L.L. No. 27-2006]
Antenna, support structures or base stations which are larger
than the parameters set for small wireless facilities defined in the
Glossary.
[Added 9-15-2022 by L.L. No. 24-2022]
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term does not include a "recreational vehicle."
[Added 9-8-2009 by L.L. No. 23-2009]
Has the same meaning as "mobile home park."
[Added 9-8-2009 by L.L. No. 23-2009]
A facility for the berthing and fueling of any type of watercraft not prohibited by Chapter 246, Waterways and Boats, of this Code. The term "marina" shall not include the term "boatyard," nor include out-of-water boat storage, restaurant or repair facilities, motels, apartments or similar activities or uses. One single-family residence or apartment for the owner or manager as an accessory use shall be permitted if the subject lot area is at least 84,000 square feet. One on-site tackle shop and/or marine supplies store shall also be permitted.
A unit that is mounted to a dock to provide multiple services such as electrical power, television, water, telephone services, and lighting to a docked boat at a marina or recreational marina as defined in § 255-1-20. Any new marina power pedestal light fixture must be louvered or have a low-brightness option and may not exceed 900 initial lumens (approximately two seven watts or one 13 watts florescent).
[Added 10-6-2006 by L.L. No. 27-2006]
A marina whose use is limited to recreational boats. Licensed
charter fishing boats and commercial fishing boats up to 60 feet in
length may be accommodated, but other vessels of any description which
require a license from the United States Coast Guard to operate shall
be prohibited.
[Amended 6-14-2001 by L.L. No. 11-2001]
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
[Added 10-16-1987 by L.L. No. 15-1987; amended 5-15-1998 by L.L. No. 20-1998; 9-8-2009 by L.L. No. 23-2009]
Any personal wireless service facility that is designed to
provide service for a radius of 0.5 mile or less.
[Added 11-1-2002 by L.L. No. 34-2002][25]
A transportable single-family dwelling originally equipped
with or having a vehicular chassis and provided with some or all of
the following mechanical systems and equipment: plumbing, heating,
air conditioning, electrical, cooking and refrigeration. A mobile
home shall constitute a building for the purposes of this chapter.
A modular or prefabricated home meeting all applicable federal, state
and local codes shall not be construed to be included in this definition.
Compare "house trailer."
[Amended 5-15-1998 by L.L. No. 20-1998; 9-8-2009 by L.L. No. 23-2009]
A residential land use designed for the location of two or
more mobile homes in designated spaces and including appurtenant facilities
and accessory services for residents only. The subdivision of the
land so that individual spaces constitute lots shall not be permitted.[26]
[Amended 9-8-2009 by L.L. No. 23-2009]
One type of self-supporting mount consisting of a single
shaft of wood, steel or concrete and antennas at the top and/or along
the shaft.
[Added 11-1-2002 by L.L. No. 34-2002]
A business or commercial use of a lot consisting of a building or group of buildings, whether detached or connected, which contains one or more individual motel units arranged or designed to be made available as sleeping or living quarters for paying customers on a daily or weekly or two-week rental basis, or which, however arranged or designed, is in fact being made available for such purposes on such basis; provided, however, that nothing herein shall prohibit occupancies in any "motel" for periods of longer than two weeks. A building or buildings arranged or designed for use as a hotel, a rooming house, an inn or another similar business shall be deemed to be a "motel" and included in this definition. A single-family residence which is rented to, or occupied by, a tenant or tenants for a term of not more than two weeks, on three or more occasions during any six-month period, shall be deemed to be unlawfully operating as a "motel" for all purposes under this chapter, and no such use, however long maintained, shall be deemed to give rise to a nonconforming "motel" use or to any vested right to use the residence for any purpose not specifically authorized in § 255-11-63 of this chapter.
A motel, no unit of which has a kitchen or plug-in cooking
facilities, and which has no other individual or centralized kitchen
or laundry appliances located or maintained anywhere on the premises.
Further, the habitable area of any individual unit in any such "transient
motel" shall not exceed 450 square feet, exclusive of porches, patios,
garages, breezeways, public hallways, terraces and other accessory
structures. A restaurant shall be permitted on the same lot as a "transient
motel" only if both uses are permitted in the district and the area
of the subject lot is large enough to accommodate two or more uses
under the provisions of this chapter. No residential cooperative or
residential condominium as defined herein, regardless of its physical
description or the manner in which its units are being managed or
rented, shall be deemed to constitute a "transient motel" for the
purposes of this chapter. Compare "resort" and "multiple residence."
A room or rooms in a motel arranged or designed to be available
as a sleeping or living quarter for paying customers on a daily, weekly
or two-week basis, or which, however arranged or designed, is in fact
being made available for such purposes on such basis. Any "motel unit"
constructed, reconstructed or remodeled after the effective date hereof
shall have a livable floor area of not less than 325 square feet nor
more than 450 square feet. Compare "apartment."
The structure or surface to which antennas are attached.
[Added 11-1-2002 by L.L. No. 34-2002]
A grouping of three or more permitted or special permit business
uses on a single lot (or on two or more adjacent lots which when combined
make a single site) carried out in accordance with an approved master
site plan for unified parking, pedestrian circulation, drainage, waste
disposal, landscaping and the like.
[Amended 8-16-1985 by L.L. No. 8-1985]
A grouping of three or more permitted or special permit industrial
uses on a single lot (or on two or more adjacent lots which when combined
make a single site) carried out in accordance with an approved master
site plan for unified parking, pedestrian circulation, drainage, waste
disposal, landscaping and the like.
[Amended 8-16-1985 by L.L. No. 8-1985]
A residential use of land consisting of a building or group of buildings, whether detached or connected, containing two or more individual apartments. Any two-family residence, as well as any apartment building, project or complex, shall be deemed included in this definition. A single-family residence with an accessory dwelling unit established in accordance with § 255-11-63 shall not be deemed included in this definition. See "resort" and "motel."
[Amended 5-4-2007 by L.L. No. 18-2007; 6-20-2024 by L.L. No. 16-2024]
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
[Added 10-16-1987 by L.L. No. 15-1987]
A tract of uncleared land surrounded by cleared land or connected
to a larger uncleared area by an uncleared strip.
[Added 6-8-2004 by L.L. No. 15-2004]
[Added 11-15-1996 by L.L. No.
19-1996; repealed 5-15-1998 by L.L. No. 20-1998]
The Town of East Hampton Office of Natural Resources established pursuant to Chapter 180 of this Code, or such other term by which this bureau or agency of Town government shall be known. References herein to the "Natural Resources Director" shall, where the context requires, refer also to the Natural Resources Department and vice versa.
[Added 12-18-1997 by L.L. No. 38-1997]
The duly appointed Director of the Department of Natural
Resources, any other Town employee duly appointed or designated to
act as such Director or, unless the context clearly indicates to the
contrary, the nominee or agent of such Director.
[Added 3-15-1991 by L.L. No. 4-1991]
All lands under salt water which extend seaward from the
mean low water line, in a direction perpendicular to the shoreline,
for a horizontal distance of 1,000 feet or to a point where mean low
water depth is 15 feet, whichever is greater.
[Added 4-13-2007 by L.L. No. 14-2007]
For the purpose of applying the regulations applicable in
the Flood Hazard Overlay District, any structures for which the "start
of construction" commenced on or after the effective date of a floodplain
management regulation adopted by the community and includes any subsequent
improvements to such structure.
[Added 5-15-1998 by L.L. No. 20-1998; amended 9-8-2009 by L.L. No. 23-2009]
An establishment primarily engaged in providing entertainment
(e.g., music, dancing, comedians, etc.). The accessory or incidental
sale of alcohol, drinks, food or snacks shall not entitle such a use
to be considered a restaurant under other provisions of this Code.
See "restaurant."
[Added 11-15-1996 by L.L. No. 19-1996; amended 7-19-2007 by L.L. No. 26-2007]
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.
Any lot lawfully existing in single and separate ownership on the effective date of this chapter, or any amendment thereto affecting such lot which does not conform to one or more current dimensional regulations hereof for the district in which it is situated. If at any time after the arising of such nonconformity, such lot shall be held in the same ownership as one or more adjoining parcels, it shall lose its status as a nonconforming lot, except to the extent that the lot created by the merger of the adjoining parcels shall remain nonconforming in the same respect and unless exempted from merger by the provisions of § 255-1-43 hereof. A lot created by subdivision approval of the Planning Board pursuant to Chapter 193, Open Space Preservation of this Code shall not be deemed a nonconforming lot, since the dimensional regulations pertaining thereto have been modified by the Planning Board pursuant to Chapter 193.
[Amended 11-15-1996 by L.L. No. 19-1996]
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.
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 it authorized shall terminate upon the
expiration thereof.
Any industrial use which is not specifically listed on a Use Table in Article XI as prohibited in the Commercial Industrial District, and which, if established, will at all times be able to comply with all requirements of Chapters 180 and 185 of this Code, as well as all requirements of federal, state and local law which are applicable to it.
A building or buildings, together with any accessory uses,
buildings or structures, used as an organized instructional facility
for five or more enrolled children other than the children of the
resident family and not furnishing sleeping facilities except to the
resident family. For the purposes of this chapter, a day-care center
or similar facility for young children shall be considered a "nursery
school" and included in this definition.
Has the same meaning as "base flood."
[Added 9-8-2009 by L.L. No. 23-2009]
A structure is defined as "opaque" for purposes of this chapter
when more than 30% of the surface area of the structure is impervious
to the passage of light, air or water.
[Added 6-14-2001 by L.L. No. 11-2001]
A structure such as a porch, gazebo or patio, that may be
roofed, but that is permanently open on all sides of the structure
unless it legally shares one wall with a dwelling or one accessory
structure. A side that is framed to accommodate screens is considered
permanently open, unless the frames are also fitted to accommodate
windows or other impermeable materials. A side that is fitted with
folding, accordion or sliding doors is not considered permanently
open.
[Added 10-7-2021 by L.L. No. 18-2021]
A private subdivision of land reviewed and approved by the Planning Board in accordance with the provisions of Chapter 193 of this Code.
A Town employee, designated by the Town Board to be a member
of the Ordinance Enforcement Department, who shall be selected in
accordance with the civil service laws of the State of New York. "Ordinance
Enforcement Officer" is to be considered a local title encompassing
all relevant titles and hiring lists utilized by the Town of East
Hampton and published by the Suffolk County Department of Civil Service,
including but not limited to: Ordinance Enforcement Officer, Ordinance
Inspector, and Code Enforcement Officer. Such an employee must also
be a New York State Certified Code Enforcement Official in accordance
with current state law.
[Added 5-17-2001 by L.L. No. 7-2001;
amended 9-6-2012 by L.L. No. 13-2012]
Any time between the hours of 1:00 a.m. and 6:00 a.m.
[Added 4-7-2016 by L.L.
No. 14-2016]
A small radio receiver designed to be carried by a person
and to give an indication when activated by the reception of its specific
code. Some pagers also transmit a signal acknowledging that a message
has been received.
[Added 11-1-2002 by L.L. No. 34-2002]
Transmission of coded radio signals for the purpose of activating
specific pagers.
[Added 11-1-2002 by L.L. No. 34-2002]
Parabolic aluminized reflector. Commonly referred to as a
"spotlight" or "floodlight." See Appendix L2.[27]
[Added 10-6-2006 by L.L. No. 27-2006]
A property which is either publicly owned or which is owned
and managed by a not-for-profit entity for the public benefit, and
which is maintained in a substantially undeveloped state for the use,
enjoyment, or appreciation of citizens. A park may have installed
thereon recreational, interpretive, or historic buildings and structures,
and other improvements designed to facilitate active or passive recreation,
historic, or environmental interpretation, picnicking, festivals,
concerts, or other outdoor activities, provided that the property
remains substantially undeveloped. A camping area may or may not be
included. Compare "camping ground."
[Amended 10-4-2002 by L.L. No. 32-2002]
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.
Those excessively high tides or spring tides caused by lunar
gravitation and related physical phenomena.
A specific main use of a building, structure, lot, land or
part thereof which this chapter sets forth as being a permitted, specially
permitted or accessory use in one or more land use districts. Any
other use shall be a prohibited use in that district.[28]
An antenna facility or a structure that is used for the provision
of personal wireless service, whether such service is provide on a
stand-alone basis or commingled with other wireless communication
services.
[Added 11-1-2002 by L.L. No. 34-2002; amended 9-15-2022 by L.L. No. 24-2022]
Any personal wireless service defined in the Federal Telecommunications
Act which includes Federal Communications Commission (FCC) licensed
commercial wireless telecommunications services, including cellular,
personal communications services (PCS), specialized mobile radio (SMR),
enhanced specialized mobile radio (ESMR), paging as well as unlicensed
wireless services, and common carrier wireless exchange access services.
[Added 11-1-2002 by L.L. No. 34-2002; amended 9-15-2022 by L.L. No. 24-2022]
Any owner, builder, architect, lessee, tenant, contractor,
subcontractor, construction superintendent or their agents or any
other person taking part or assisting in the construction, maintenance
or use of any structure, building or property, so long as such person
or entity has the apparent power and authority to control the manner
in which the structure, building or property is constructed, maintained
or used.
[Added 7-21-2016 by L.L.
No. 32-2016]
A driveway or walkway composed of cinders, gravel, stone,
shells, chips or similar material, with or without a marl base, which
is at least partially permeable to rainwater and snowmelt.
[Added 3-15-1991 by L.L. No. 4-1991]
An upright structure that supports a gate or is used for
ornamentation at the entrance of a property. In calculating height
of a pillar such includes any and all ornamentation and/or light fixtures
placed upon the pillar.
[Added 12-17-2020 by L.L. No. 10-2020]
A development of industrial land involving the subdivision
of a large lot into five or more lots, each of which is at least 20,000
square feet in area.
The Town of East Hampton Department of Planning established pursuant to Chapter 50 of this Code or such other term by which this bureau or agency of Town government shall be known. References herein to the "Planning Director" shall, where the context requires, refer also to the Planning Department and vice versa.
[Added 12-18-1997 by L.L. No. 38-1997]
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, handball
courts, racquetball courts, volleyball courts, ice rinks and other
similar facilities shall be deemed included in this definition.
[Added 7-7-2000 by L.L. No. 14-2000;
amended 12-16-2004 by L.L. No. 37-2004; 7-1-2005 by L.L. No. 20-2005]
A structure that serves as a support or point of attachment
for a fence or wall.
[Added 12-17-2020 by L.L. No. 10-2020]
See "dune, barrier."
[Added 9-8-2009 by L.L. No. 23-2009]
A main building or structure devoted to a principal use on
a lot. A single-family residence shall always be deemed a principal
building. See "single-family residence."
[Added 9-17-1993 by L.L. No. 28-1993]
At least 51% of the actual cash value of the structure, excluding
land value, is above the ground.
[Added 9-8-2009 by L.L. No. 23-2009]
A main or primary use to which a lot is put. Each and every
single-family residence, wherever located, shall be deemed to constitute
a separate principal use. See "single-family residence" and "principal
building or structure."
[Added 9-17-1993 by L.L. No. 28-1993]
A use of a building, structure, lot or land or part thereof
which is not a permitted, special permit or accessory use and is,
therefore, unlawful. Any use which is either not listed in a district
or which is listed there as prohibited shall constitute a "prohibited
use" therein.
A governmental or privately owned nonnuclear power plant;
electrical substation; water well site or pump house; water tank;
water or sewage treatment plant, utility company headquarters, branch
office, garage or storage barn; telephone exchange; communications
center; antenna farm; broadcast facility as herein defined; or any
other similar land use providing for the distribution or supply to
East Hampton residents of utility-type or communications services,
except for personal wireless services and the personal wireless service
facilities deployed in those services, as defined in this section.
Fuel storage in tanks as a main use shall not be included in this
definition.
[Amended 11-1-2002 by L.L. No. 34-2002]
A range of frequencies that are allocated to be transmitted/received
through the air without wires, with the use of transmitters/receivers
and associated antennas. Radio waves are generated for fixed and/or
mobile communication. A frequency or band of frequencies suitable
for use in telecommunications.
[Added 9-15-2022 by L.L. No. 24-2022]
The electromagnetic energy radiated from an antenna or antenna
array. This radiation is part of the radio waves that are the means
by which information is transported without wires by personal wireless
service facilities.
[Added 11-1-2002 by L.L. No. 34-2002]
Someone with a background in electrical engineering or microwave
engineering who specializes in the study of radio frequencies.
[Added 11-1-2002 by L.L. No. 34-2002]
A railroad train station, including rail yards and rail freight
facilities whether or not associated with passenger rail service,
and all parking areas and related facilities.
[Added 12-18-1997 by L.L. No. 40-1997]
The removal and replacement, in place and in kind, of all
or a substantial part of a preexisting building or structure. The
rebuilding in place and in kind of all or a substantial part of a
building or structure which has been damaged or destroyed shall be
included in this definition. If the cost of the work in question exceeds
50% of the full replacement cost of the structure as estimated by
the Building Inspector, it shall be deemed to involve a "substantial
part" of the building or structure. Appeals of the Building Inspector's
percentage determination of replacement cost may be made to an emergency
appellate panel created pursuant to Town Board resolution. Appeals
from that panel may be made to the Zoning Board of Appeals. The word
"reconstruct" in its various modes and tenses and its participle form
refers to the undertaking of a "reconstruction."
[Added 4-13-2007 by L.L. No. 14-2007]
Has the same meaning as "house trailer."
[Added 9-8-2009 by L.L. No. 23-2009]
An indoor or outdoor privately run business, which may involve
large amusements areas, rides, playing fields, courts, arenas, stadia
or halls, designed to accommodate sports and recreational activities
and including, by way of example but not by way of limitation, bowling,
dancing, ice-skating and roller-skating and outdoor sports, recreational
pursuits and athletic competitions generally. This definition shall
include gymnasiums, health spas, shooting ranges, the lease of land
by any person to a club and tennis facilities not conforming to the
definition of a "tennis club."
[Amended 9-24-1991 by L.L. No. 20-1991]
An indoor privately run business offering billiards, games
or amusements.
Any land or structure, or part thereof, exceeding 300 square
feet in area and used for the collecting, storage or sale of wastepaper,
rags, scrap metal or other scrap or discarded material or for the
collecting, dismantling, storage or salvage of inoperative machinery
or vehicles which are unregistered or not in running condition or
for the sale of the parts thereof. The existence on any residential
lot of three or more unregistered automobiles not housed within a
building shall be deemed to be an unlawful "recycling and scrap yard"
use of such lot. Public sanitary landfills and the structures located
thereon shall not be included in this definition.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 255-3-43D(2) of this chapter.
[Added 9-8-2009 by L.L. No. 23-2009]
A type of resort or multiple residence in which persons have
exclusive ownership of particular apartments (units) and, in addition,
an interest in the common elements associated with the building or
buildings in which the apartments are located, regardless of whether
and in what manner the apartments are managed, leased or otherwise
made available for use by persons other than the owners thereof. Interval,
timesharing or other similar forms of ownership and use shall be deemed
included in this definition.
A type of resort or multiple residence in which persons have
an ownership interest in the entity which owns the building or buildings
and, in addition, a lease or occupancy agreement which entitles them
to occupy a particular apartment therein, regardless of whether and
in what manner the apartments are managed, leased or otherwise made
available for use by persons other than the owners thereof. Interval,
time-sharing or other similar forms of ownership and use shall be
deemed included in this definition.
An accessory use to a single-family residence which is devoted
to the acquisition, conservation, study, exhibition and educational
interpretation of objects, but not the sale of such objects, having
scientific, historical or artistic value or where works of art, scientific
specimens or other objects of permanent value are kept and displayed,
which is open to the public on a limited basis. In order to qualify
as a residential museum, the museum must be approved under IRC Section
501(c)(3).
[Added 7-1-2010 by L.L. No. 6-2010]
Any lot in any district on which there are located one or
more single-family residences as the only principal use or uses on
the lot, and any vacant lot in any single-family residential district.
[Amended 9-17-1993 by L.L. No. 28-1993]
A land use consisting of:
A motel which, because of the size of any dwelling
unit, the existence in any unit or elsewhere on the site of any feature
or improvement or any other reason, is not a transient motel as the
same is defined herein;
A multiple residence (other than a multiple residence created pursuant to Chapter 193 of the Code in an open space subdivision) which, in whole or in part, is a residential cooperative or residential condominium as the same are defined herein; or
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. Musical entertainment may be permitted with a music entertainment permit issued pursuant to and subject to the regulations contained in Chapter 117 of the Town Code. Outdoor musical entertainment is only allowed from 1:00 p.m. through 9:00 p.m., unless such musical entertainment is part of a "catered affair" as herein defined or part of a special event permit issued pursuant to Chapter 151 of the Town Code. The permanent or temporary removal or relocation of tables and chairs from an establishment to permit dancing or the establishment of an area for dancing shall constitute a nightclub use subject to the applicable provisions of this chapter, unless the event held at the restaurant is approved as a "mass gathering" pursuant to Chapter 151 ("Special Event Permit") of this Code or is a "catered affair" as defined herein. A "restaurant" shall not be construed to include any form of drive-in, open-front or curb-service eating establishment or any form of nightclub or similar entertainment establishment.
[Amended 7-19-2007 by L.L. No. 26-2007; 6-15-2017 by L.L. No. 17-2017; 3-21-2019 by L.L. No.
13-2019]
A use in a building in which food is preprepared and sold
over a counter in disposable containers and wrappers, selected from
a limited menu for immediate consumption on or off the premises, without
table service by waiters or waitresses. A fast-food restaurant may
have a drive-in or drive-through service window at which a customer
can place an order from a motor vehicle or can receive her purchase
at the vehicle. This term shall not include a take-out food store.
[Added 6-15-2017 by L.L.
No. 15-2017; amended 5-8-2018 by L.L. No. 4-2018]
A use of land, within a building, in which goods are offered
for sale to the general public as takeout items. Goods sold at a "retail
store" may include hardware, drugs, food and beverages, furniture
and furnishings, apparel, appliances, sporting goods, office products,
books or other media, and similar products or merchandise. Minor repair
service within the establishment may be undertaken in connection with
product sales. See "superstore" and "take-out food store."
[Amended 10-18-1996 by L.L. No. 17-1996; 6-15-2017 by L.L. No. 15-2017; 5-8-2018 by L.L. No.
4-2018]
The restoration/reestablishment of the floral component of
an ecological community in areas within the Town of East Hampton where
some or all of the natural vegetation has been removed. Typically,
this process consists of planting indigenous trees and shrubs at a
sufficient size and density to mimic an adjoining or nearby plant
community in appearance and/or function. Most ecological communities
are characterized by woody vegetation but some (i.e., grasslands,
tidal marshes, etc.) may be characterized by herbaceous vegetation.
Revegetation is distinct from landscaping which frequently utilizes
ornamental species in a manner that emphasizes aesthetics over habitat
value, natural distribution or ecological function.
[Added 6-8-2004 by L.L. No. 15-2004]
A business use of a lot for any of the following purposes:
the letting of horses for hire to individuals or groups whether supervised
or unsupervised, horseback riding instruction or the holding of horse
shows and other equine events on other than a one-time basis. Uses
listed under the definition of "horse farm" in this section may also
be included, provided that all conditions for the establishment and
maintenance of such horse farm use found in this chapter are met.
[Added 8-16-1985 by L.L. No. 8-1985][29]
See "dune."
[Added 4-13-2007 by L.L. No. 14-2007; amended 9-8-2009 by L.L. No. 23-2009]
A church, community center, day-care center, geriatric home,
hospital, library, museum, cemetery, clinic or medical arts building,
fraternal brotherhood hall or lodge, college, university, school,
nursery school or any similar nongovernmental building or use impressed
with a predominantly public character, and all accessory structures
and uses associated therewith.[30]
A place of work for building trade shops or contractors,
including but not limited to electrician, plumbing, landscaping, building
and construction contractors' shops.
[Added 10-16-1987 by L.L. No. 16-1987]
The distance which this chapter requires be maintained between
a property line, natural feature or other described place or thing
and the nearest point thereto of any building, structure or other
named improvement.
A line parallel to, or concentric with, a property line,
natural feature or other place or thing from which this chapter requires
a setback, lying always at a distance therefrom equal to such required
setback.
Any kind of repetitive shooting at targets, including trap
and skeet, using legally authorized firearms. "Shooting" shall not
include the hunting of game birds and animals.
Alternatives to monopoles or guyed and lattice towers, such
as masts or poles. For example, two poles or three masts might be
an alternative to one lattice tower.
[Added 11-1-2002 by L.L. No. 34-2002]
That portion of any building or structure or any billboard,
signboard, sandwich board, banner, pennant or other temporary or permanent
object, shape, device, image or merchandise display used as advertisement,
announcement or direction and all text, symbols, shapes, lights, marks,
letters or figures affixed thereto, painted thereon or incorporated
therein. "Signs" inside of windows which advertise temporary prices,
sales and the like and which are not permanently affixed shall be
deemed not to be included in this definition. Any motor vehicle habitually
parked so that markings, signboards, merchandise, images, etc., positioned
thereon or located therein as business advertising may be viewed from
an adjacent street or highway shall be deemed to constitute a "sign."
Any vending machine located on premises occupied by a business shall
not be deemed a "sign," provided that the same is not illuminated.
Illuminated machines shall be deemed "signs" and shall be subject
to all provisions set forth in the Town Code regulating signs.
[Amended 6-7-1991 by L.L. No. 11-1991]
An outdoor sign located elsewhere than upon the same lot
upon which the business advertised is located which is not a directional
or temporary sign permitted pursuant to this chapter.
[Amended 12-5-2008 by L.L. No. 22-2008]
A sign which directs attention to a business, a public or
semipublic facility, a special permit use in a residential district
or a realty subdivision and which is located on the property on which
the use which it identifies is located.
An off-premises sign displaying the direction and/or distance
to a business or realty project.
An exterior sign illuminated by a light source or light sources
enclosed within the sign cabinet.
[Added 10-6-2006 by L.L. No. 27-2006]
A sign displaying the location of, or the direction to, features
on the business lot on which the sign is located or marking on-site
parking areas, traffic circulation patterns or the like. No sign containing
a directory of on-site business, nor any other business sign, shall
be considered an "informational sign."
A type of building permit issued by the Building Inspector
and authorizing the erection, construction, reconstruction, alteration
or moving of a sign.
A sign which directs attention to a resident's home, a home
occupation or a home professional office.
A type of temporary sign advertising the availability for
sale or rental of a realty subdivision, a parcel of land or a lot
or improvements thereto during the period of such availability or
describing construction activity or naming a firm doing work related
to construction on the premises on which the sign is located during
the pendency of such work or construction.
[Amended 12-5-2008 by L.L. No. 22-2008]
A sign which is erected for a specified duration of time
and which is removed immediately upon the conclusion of same.
[Amended 12-5-2008 by L.L. No. 22-2008]
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. Modular or prefabricated houses meeting all applicable federal, state and local codes shall be included in this definition. After the effective date hereof, no "single-family residence" shall be erected, constructed, reconstructed or altered, moved or used except in accordance with §§ 255-11-60 through 255-11-68 of this chapter.[31]
An accessory single-family residence containing cooking and/or sleeping accommodations which is incidental or subordinate to a special historic landmark and subject to the standards set forth in § 255-7-60D.
[Added 12-7-2017 by L.L.
No. 44-2017; amended6-20-2024 by L.L. No. 16-2024]
For a tower other than a tower in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground. The current boundaries of
a site are the boundaries that existed as of the date that the original
support structure or a modification to that structure was last reviewed
and approved by a state or local government if the approval of the
modification occurred prior to the Spectrum Act of 2012 or otherwise
outside the Section 6409(a) process.
[Added 9-15-2022 by L.L. No. 24-2022]
The method and form of placement of personal wireless service
facilities on a specific area of a subject property.
[Added 11-1-2002 by L.L. No. 34-2002]
See "application (personal wireless service facility)".
[Added 9-15-2022 by L.L. No. 24-2022]
A state government, local government, or instrumentality
of a state government or local government, including any official
or organizational unit thereof, whose authorization is necessary prior
to the deployment of personal wireless service facilities.
[Added 9-15-2022 by L.L. No. 24-2022]
Facilities that meet each of the following conditions:
[Added 9-15-2022 by L.L. No. 24-2022]
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas; or
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10% (whichever is
greater);
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume; and
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume; and
The facilities do not require antenna structure registration
by the FCC; and
The facilities are not located on Tribal lands; and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
Code of Federal Regulations 1.1307(b).
Preplanned gatherings at a winery, whether or not advertised
to the general public, where more than 50 persons are reasonably expected
to attend. Such gatherings shall have some substantial economic or
educational relationship to the winemaking or agricultural industry.
Compare "tours and tastings."
[Added 3-15-1996 by L.L. No. 2-1996]
An individual property that has been designated as one of the group of special historic landmarks, designated by the East Hampton Town Board pursuant to § 255-7-25A and eligible to have one single-family residence as accessory to a special historic landmark.
[Added 12-7-2017 by L.L.
No. 44-2017; 6-20-2024 by L.L. No. 16-2024]
A form of dispatch or two-way communication used by companies
that rent space or time from an SMR carrier; used primarily for data,
delivery vans, truckers or taxis within a small, definable geographic
area.
[Added 11-1-2002 by L.L. No. 34-2002]
Any use of land for which a special permit is required pursuant to Article V of this chapter or which is permitted in a particular use district only if a special, permit shall have been issued therefor pursuant to Article V. An existing land use shall be deemed a special permit use if it would today require a special permit to come into existence in the district in which it is located, notwithstanding that it did not receive or obtain a special permit at its inception. See the use tables[32] found at § 255-11-10 hereof.[33]
[Amended 11-15-1996 by L.L. No. 19-1996]
[Added 9-8-2009 by L.L. No. 23-2009]
For the purposes of implementing regulations of the Flood Hazard
Overlay District, the date of permit issuance for new construction
and substantial improvements to existing structures, provided that
actual start of construction, repair, reconstruction, rehabilitation,
addition placement, or other improvement is within 180 days after
the date of issuance. "The actual start of construction" means the
first placement of permanent construction of a building (including
a manufactured home) on a site, such as the pouring of a slab or footings,
installation of pilings or construction of columns.
Permanent construction does not include land preparation (such
as clearing, excavation, grading, or filling) or the installation
of streets or walkways or excavation for a basement, footings, piers
or foundations, or the erection of temporary forms or the installation
of accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. For a substantial improvement,
the actual "start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
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 a building to be elevated more than four feet above adjacent
natural grade. In the case of a property located in a FEMA flood zone,
the area between adjacent natural grade and the minimum required first-floor
elevation shall not be considered a story.
[Added 10-16-1987 by L.L. No. 15-1987; amended 3-15-1991 by L.L. No. 4-1991; 12-16-2004 by L.L. No. 36-2004; 11-7-2008 by L.L. No. 21-2008]
An attic.
[Amended 3-15-1991 by L.L. No. 4-1991]
Any federal, state, county, Town or Town Trustee highway
or road or any street shown on a subdivision plat filed in the office
of the County Clerk or any private road actually providing access
to subdivided land; provided, however, that any mapped street or right-of-way,
or portion thereof, the abandonment and nonuse of which is called
for in a town-approved urban renewal plan, shall not constitute a
"street" for the purposes of this chapter.
The dividing line between a lot and a street right-of-way.
Anything, including any building, which is constructed or
erected on or under the ground or the water or upon another structure
or building, including driveways, walkways, decks, patios (whether
or not constructed of brick and sand), parking areas (whether or not
surfaced or improved), fences, gates, pillars, walls, berms, tennis
courts, swimming pools, sewage disposal and drainage devices, bulkheads,
jetties, docks, piers and any other improvement, fabrication, impervious
surface or other construction, whether or not intended to be temporary,
seasonal or permanent. See "building." For the purposes of implementing
the regulations of the Flood Hazard Overlay District, a "structure"
shall mean a walled and roofed building, including a gas or liquid
storage tank, that is principally above the ground, as well as a manufactured
home.
[Amended 3-15-1991 by L.L. No. 4-1991; 11-15-1996 by L.L. No.
19-1996; 9-8-2009 by L.L. No. 23-2009; 12-17-2020 by L.L. No. 10-2020]
A pole, tower, base station or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of personal wireless service (whether on its own
or comingled with other types of services).
[Added 9-15-2022 by L.L. No. 24-2022]
A building or that portion thereof intended to provide members
of the public with facilities for exercises, aerobics, fitness training,
dance, martial arts, self-defense or instruction thereof.[34]
[Added 2-4-1994 by L.L. No. 1-1994]
(Personal wireless service facility) A modification substantially
changes the physical dimensions of an eligible support structure if
it meets any of the following criteria:
[Added 9-15-2022 by L.L. No. 24-2022]
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater.
Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes in
height should be measured from the dimensions of the tower or base
station, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act.
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible structures, it involves adding
an appurtenance to the body of the structure that would protrude from
the edge of the structure by more than 6 feet.
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are not preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside of the current
site, except that, for towers other than towers in the public rights-of-way,
it entails any excavation or deployment of transmission equipment
outside of the current site by more than 30 feet in any direction.
The site boundary from which the 30 feet is measured excludes any
access or utility easements currently related to the site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base stations equipment; provided, however, that this
limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds above.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 9-8-2009 by L.L. No. 23-2009]
See "expansion, substantial."
[Added 5-15-1998 by L.L. No. 20-1998]
See "expansion, substantial."
[Added 10-16-1987 by L.L. No. 15-1987]
Any retail store, operation or enterprise in which food,
beverages and household goods constitute the predominant goods offered
for sale, and which retail store, operation or enterprise occupies
a combined gross floor area of 10,000 square feet or more, whether
housed in all or part of a single building or in all or parts of multiple
buildings. For the purposes of this definition, a retail business
housed in multiple buildings on the same lot or on adjacent lots shall
be considered a single retail store, operation or enterprise, if the
business or businesses within the individual buildings are owned,
operated or controlled by a single entity, either directly or through
affiliates. Compare "superstore."
[Added 10-18-1996 by L.L. No. 17-1996; amended 10-19-1999 by L.L. No. 27-1999]
Any retail store, operation or enterprise, which retail store,
operation or enterprise has a combined gross floor area of 10,000
square feet or more, whether housed in all or part of a single building
or in all or parts of multiple buildings. For the purposes of this
definition, a retail business housed in multiple buildings on the
same lot or on adjacent lots shall be considered a single retail store,
operation or enterprise, if the business or businesses within the
individual buildings are owned, operated or controlled by a single
entity, either directly or through affiliates. In addition, any building
whose gross floor area equals or exceeds 10,000 square feet shall
be considered a "superstore" if it contains one or more retail stores,
including supermarkets, even if the building also contains a use or
uses not classified as retail stores. See "retail store" and "supermarket."
[Added 10-18-1996 by L.L. No. 17-1996; amended 10-19-1999 by L.L. No. 27-1999]
A structure containing an artificial body of water, which
is greater than six feet long or wide and greater than 18 inches in
depth at any point. Natural or man-made ponds all banks of which have
a slope of less than 45° shall not be included in this definition.
A type of prefabricated aboveground swimming pool which is
not installed on a foundation and which is readily capable of being
moved from one place to another.
[Added 6-19-1997 by L.L. No. 21-1997]
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 retail take-out food
store includes, but is not limited to, delicatessens, ice cream parlors,
bakeries, tea/coffee houses and specialty gourmet shops. A retail
take-out food store excludes restaurants, fast-food restaurants, drive-in
or drive-through restaurants, bars and taverns.
[Added 6-15-2017 by L.L.
No. 15-2017; amended 5-8-2018 by L.L. No. 4-2018]
A building or portion thereof which is accessory to a winery
and in which tours and tastings, as defined herein, are conducted.
The building containing the "tasting room" may be attached to or detached
from the building or buildings in which wine is processed.
[Added 3-15-1996 by L.L. No. 2-1996]
See "bar or tavern."[35]
[Added 11-15-1996 by L.L. No. 19-1996]
Lighting which is used for a specified purpose and for a limited time and is removed thereafter. Temporary lighting on nonresidential property is only allowed in conjunction with a special event permit approved pursuant to Chapter 151 except during the time period of November 15 until January 15 of the next calendar year. The length of time that temporary lighting on residential property is to be used is not longer than 90 consecutive days in any calendar year. "PAR" bulbs, spotlights and floodlights are not considered temporary lighting.
[Added 10-6-2006 by L.L.
No. 27-2006; amended 2-7-2019 by L.L. No. 6-2019]
A letter from the landowner's insurance company which requires
certain lighting be maintained on a property or insurance coverage
will be denied or discontinued.
[Added 7-3-2014 by L.L. No. 21-2014]
The Atlantic Ocean and any sound, bay, harbor, creek, or
other body of salt or brackish water lying within the bounds of the
Town, including all waters within the Town which are regularly or
periodically subject to fluctuations in depth due to normal tidal
action or peak lunar tides, and all lands beneath the same.
[Amended 4-13-2007 by L.L. No. 14-2007]
A way of placing personal wireless service facility applications
in one of three categories: Tier 1, Tier 2 (a) or (b), and Tier 3.
[Added 11-1-2002 by L.L. No. 34-2002; amended 9-15-2022 by L.L. No. 24-2022]
Tours of a winery and/or tastings of wine made on the premises
of such winery. "Tours and tastings" shall also include the wholesale
and retail sale from the winery of wine made on premises, consistent
with state and federal regulations, and the retail sale of wine associated
products such as decanters, wineglasses, corkscrews, items for the
storage and display of wine, books on winemaking and the region and
other items which are reasonably related to the winery and which bear
the insignia of the vineyard. Compare "special event tours and tastings."[36]
[Added 3-15-1996 by L.L. No. 2-1996]
Any structure built for the sole or primary purpose of supporting
any Commission-licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless
communications services including, but not limited to, private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul, and the associated
site. A tower may be concealed (examples include but are not limited
to faux trees, unipoles, flag poles) or nonconcealed such as:
[Added 9-15-2022 by L.L. No. 24-2022]
Lattice: A vertical, multi-legged self-supporting tapered style
of tower that consists of vertical and horizontal supports with cross
bracing intended to support associated telecommunications equipment.
This type of tower is designed to support itself without the use of
guy wires or other stabilization devices.
Monopole: A style of freestanding tower consisting of a single
shaft usually composed of two or more stacked hollow sections that
are in turn attached to a foundation. This type of tower is designed
to support itself and associated telecommunications equipment without
the use of guy wires or other stabilization devices. These facilities
are mounted to a foundation that rests on or in the ground or on a
building roof.
Guyed: A type of tower consisting of metal cross strips or bars,
which is steadied by wire guys in a radial pattern around the tower.
Any Town employee appointed as "Town Chief Investigator" pursuant to the provisions of Chapter 45 of the Town Code.
[Added 5-17-2001 by L.L. No. 7-2001]
The Trustees of the Freeholders and Commonalty of the Town
of East Hampton, the independent public body established pursuant
to a patent granted by Governor Thomas Dongan in 1686.
[Added 12-18-1997 by L.L. No. 38-1997; amended 4-13-2007 by L.L. No. 14-2007]
Equipment that facilitates transmission for any Commission-licensed
or authorized wireless communication service, including, but not limited
to, radio transceivers, antennas, coaxial or fiber-optic cable, and
regular and backup power supply. The term includes equipment associated
with the wireless communications services including, but not limited
to, private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul,
[Added 9-15-2022 by L.L. No. 24-2022]
Lighting which is used specifically to illuminate trees on
a residential lot. The total amount of light from the fixture(s) illuminating
each tree should not exceed 1,000 initial lumens (roughly one incandescent
seventy-five-watt bulb) and shall be as close to the tree as possible.
The light fixture as designed and installed must project all its light
above the horizontal plane and be aimed directly at the tree. The
light source must not be visible across the property line and must
be extinguished by 12:00 a.m.
[Added 10-6-2006 by L.L. No. 27-2006; amended 7-3-2014 by L.L. No. 21-2014]
A truck depot or similar commercial road freight facility
at which goods carried for hire for third parties are loaded or off-loaded,
together with all related facilities including parking areas. This
term shall also include a storage yard for trucks used in such business
if the yard includes administrative offices and/or fueling facilities.[37]
[Added 12-18-1997 by L.L. No. 39-1997]
A form of multiple residence in which two families may lawfully occupy and reside in the residence. An accessory dwelling unit established in accordance with § 255-11-63 shall not be deemed included in this definition.
[Amended 11-15-1996 by L.L. No. 19-1996; 5-4-2007 by L.L. No. 18-2007; 6-20-2024 by L.L. No. 16-2024]
Land which is ordinarily submerged beneath the waters of
a brook, run, creek, or pond, or other watercourse or body of freshwater,
and all land lying seaward of the mean high-water line of any tidal
waters.
[Amended 4-13-2007 by L.L. No. 14-2007]
Commercial mobile services that operate on frequencies that
require no FCC license.
[Added 11-1-2002 by L.L. No. 34-2002]
All land which is neither wetlands nor underwater land as
defined herein.
Lighting which is directed above the horizontal plane.
[Added 10-6-2006 by L.L. No. 27-2006]
Any plan duly adopted and amended by the Town Board pursuant
to Article 15 of the General Municipal Law wherein proposed lot line
configurations, easements, road abandonments or other elements are
depicted, which configurations and/or elements must be conformed to
by property owners in order to qualify for building permits on the
lots involved. This definition shall include, but shall not be limited
to, those "urban renewal plans" superimposed on certain old filed
subdivision maps pursuant to Local Law No. 2 of 1976.[38]
Any pole or structure designed to maintain, or used for the
purpose of lines, cables, or wires for communications, cable, electricity,
street lighting, other lighting standards, or comparable standards.
[Added 9-15-2022 by L.L. No. 24-2022]
A lighting fixture which is installed on a pole owned or
maintained by a public utility, but which is designed or intended
to illuminate private property.
[Added 10-6-2006 by L.L. No. 27-2006]
A modification of the requirements of this chapter by the
Zoning Board of Appeals (i.e., the grant of relief from those requirements),
so as to authorize the use of land in a manner which is not allowed
by the dimensional or physical requirements of this chapter. See New
York Town Law § 267, Subdivision 1(b).
[Added 11-15-1996 by L.L. No. 19-1996; amended 9-8-2009 by L.L. No. 23-2009]
A modification of the requirements of this chapter by the
Zoning Board of Appeals (i.e., the grant of relief from those requirements),
so as to authorize the use of land for a purpose which is otherwise
not allowed or is prohibited by the use regulations of this chapter.
See New York Town Law § 267, Subdivision 1(a).
[Added 11-15-1996 by L.L. No. 19-1996]
Any motor vehicle as defined by § 125 of the Vehicle
and Traffic Law.
A solid, opaque (as defined herein) structure, made of wood,
stone or other materials, or combination thereof, intended for defense,
security, screening, limitation of access, enclosure, or for the retention
of earth, stone, water, fill or other materials, including all manner
of retaining walls and bulkheads.
[Amended 6-14-2001 by L.L. No. 11-2001]
Any natural or man-made water body other than tidal waters
and any ordinary surface water drainage channel, whether wet or dry
on any particular occasion, including any freshwater brook, run, spring,
dreen, creek, rain runoff course or channel, and any permanent or
seasonal pond, whether natural or man-made. The underwater land beneath
the foregoing water bodies shall be deemed included in this definition.
Artificial lined ponds of less than one acre in size which are not
situate in the groundwater table shall be deemed excluded from this
definition.
[Amended 4-13-2007 by L.L. No. 14-2007]
A use which cannot be conducted or perform its intended purpose
unless it is located or carried out in close proximity to water, such
as docking or servicing of boats, unloading of fish, shipbuilding
or the like.
[Added 10-16-1987 by L.L No. 15-1987]
All natural and man-made tidal wetlands, freshwater wetlands,
and underwater lands as defined herein, including all swamps, bogs,
kettlehole bogs and the like, regardless of the particular types or
amounts of vegetation growing thereon or therein or the absence of
same. Artificial lined ponds of less than one acre in size which are
not situate in the groundwater table shall be deemed excluded from
this definition.
[Amended 4-13-2007 by L.L. No. 14-2007]
All lands lying within the boundaries of any watercourse;
all fresh marshes, swamps, bogs, kettlehole bogs and the like, regardless
of the particular types or amounts of vegetation growing thereon or
therein or the absence of same; and all lands upon which grow one
or more of the following plant species or associations: red maple,
tupelo, black willow, shining willow, Atlantic white cedar, swamp
cottonwood, swamp azalea, sweet pepperbush, winterberry holly, leatherleaf,
swamp sweetbells, sheep laurel, cranberries, skunk cabbage, jack-in-the-pulpit,
cinnamon fern, royal fern, marsh fern, chain ferns, sensitive fern,
wetland sedges (Carex species), wetland bulrushes (Scirpus species),
wetland spike rushes (Eleocharis species), wetland soft rushes (Juncus
species), wetland beak rushes (Rhynchospora species), wetland grasses
(e.g., Phragmites), wetland and aquatic herbs, cattails and sphagnum
moss. This term shall also be deemed to include all freshwater wetlands
lying within the Town of East Hampton, exclusive of the incorporated
villages therein, which are shown or designated on the Freshwater
Wetlands Map for Suffolk County, promulgated by the New York State
Department of Environmental Conservation, effective May 26, 1993,
as the same may be from time to time amended.
[Amended 7-2-1993 by L.L. No. 18-1993]
All lands lying in the area inundated by tidal action and/or
peak lunar tides; all lands exhibiting salt marsh peat and saline
or brackish soils at their undisturbed surface; all estuaries, salt
meadows, tidal flats, and littoral zones; and all lands upon which
grow one or more of the following plant species or associations: salt
marsh hay (Spartina patens), spike-grass (Distichlis spicata), black
grass (Juncus gerardi), saltwater cordgrass (Spartina alterniflora),
saltwort, glasswort (Salicornia species), sea lavender (Limonium carolinanus),
salt marsh bulrush or chairmaker's rush (Scirpus species), sand spurry
(Spergularia marina), groundsel bush (Baccaris halimifolia), high
tide bush or marsh elder (Iva frutescens), cattail (Typha species),
spikerush (Eleocharis species), bent grass (Agrostis species), rockweed
(Fucus species), reed (Phragmites species), marsh pink (Sabatia species),
sea blite (Suaeda species), umbrella sedges (Fimbristylis species),
marsh mallow (Hibiscus species), and Triglochin species. Lands lying
within or beneath tidal waters shall also be deemed to be "tidal wetlands,"
regardless of the type or amount of vegetation growing thereon or
the absence of the same.
[Amended 4-13-2007 by L.L. No. 14-2007]
An accessory structure designed, constructed or erected in accordance with the provisions of Chapter 249 of this Code to convert wind energy to mechanical or electrical power.
An agricultural processing facility which ferments and processes
grape juice, made primarily from grapes grown in Suffolk County, New
York, into wine or which referments still wine, made primarily from
grapes grown in Suffolk County, New York, into sparkling wine, and
which at all times holds a valid farm winery license from the State
of New York. A "winery" may also include a tasting room as defined
herein.
[Added 3-15-1996 by L.L. No. 2-1996]
The only area on a lot or parcel of land on which a specified
activity, construction, work or use is permitted by a natural resources
special permit to take place.
[Added 3-15-1991 by L.L. No. 4-1991]
An area within a lot, adjoining a front lot line and extending
into the lot therefrom, within which certain principal or accessory
structures are prohibited by the dimensional tables[39] found at Article XI of this chapter. A front yard extends from side lot line to side lot line in the case of an interior lot. Lots which have more than one front lot line (e.g., corner lots) shall have a front yard for each front lot line.
[Amended 11-15-1996 by L.L. No. 19-1996]
An area within a lot, adjoining a rear lot line and extending into the lot therefrom, within which certain principal or accessory structures are prohibited by the dimensional tables found at Article XI of this chapter. A rear yard extends from side lot line to side lot line in the case of an interior lot.
[Amended 11-15-1996 by L.L. No. 19-1996]
The area within a lot, adjoining any lot line and extending into the lot therefrom, within which principal or accessory buildings and structures are prohibited by the minimum yard or yard setback requirements listed in the tables of dimensional regulations found at Article XI of this chapter. A required yard is all of the area between a given lot line and the setback from that lot line which is specified in the dimensional regulations. See "setback line," "front yard," "rear yard" and "side yard."
[Amended 11-15-1996 by L.L. No. 19-1996]
An area within a lot, adjoining a side lot line and extending into the lot therefrom, within which certain principal or accessory structures are prohibited by the dimensional tables found at Article XI of this chapter. A side yard extends through the lot from the front yard, if one exists, to the rear yard. Flag lots have side yards abutting each lot line.
[Amended 11-15-1996 by L.L. No. 19-1996]
[1]
Editor's Note: These figures are kept on file in the Town
Housing Office.
[2]
Editor's Note: These figures are kept on file in the Town
Housing Office.
[3]
Editor's Note: The former definition of "antenna array," added 11-1-2002 by L.L. No.
34-2002, which immediately followed this definition,
was repealed 9-15-2022 by L.L. No. 24-2022.
[4]
Editor's Note: The former definition of "applicant,"
added 11-1-2002 by L.L. No. 34-2002, which immediately followed this
definition, was repealed 12-5-2003 by L.L. No. 40-2003.
[5]
Editor's Note: The definition of "area of
shallow flooding," added 10-16-1987 by L.L. No. 15-1987, which immediately
followed this definition, was repealed 5-15-1998 by L.L. No. 20-1998.
[6]
"This local law" refers to L.L. No. 23-2009, adopted 9-8-2009.
[7]
Editor's Note: The definition of "automobile
laundry, which immediately followed this definition, was repealed
12-2-1994 by L.L. No. 13-1994.
[8]
Editor's Note: The former definition of "camouflage,"
as added 11-1-2002 by L.L. No. 34-2002, which immediately followed
was repealed 12-5-2003 by L.L. No. 40-2003.
[9]
Editor's Note: The former definition of "cellular," added 11-1-2002 by L.L. No.
34-2002, which immediately followed this definition,
was repealed 9-15-2022 by L.L. No. 24-2022.
[10]
Editor's Note: The former definition of "co-applicant,"
as added 11-1-2002 by L.L. No. 34-2002, which immediately followed
was repealed 12-5-2003 by L.L. No. 40-2003.
[11]
Editor's Note: The former definition of "conceal,"
as added 11-1-2002 by L.L. No. 34-2002, which immediately followed,
was repealed 12-5-2003 by L.L. No. 40-2003.
[12]
Editor’s Note: This local law also provided for temporary
exemptions as follows:
“Notwithstanding any other provision of this Local Law,
parcels of land that have met one of the following requirements by
December 15, 2016 shall be exempt from meeting the provisions of this
local law:
1) An application submitted to the Building Department for
a Building Permit requiring no other Town Approvals.
2) A valid building permit.
3) An application submitted to the Zoning Board of Appeals,
Planning Board or Architectural Review Board.
4) An approval from the Zoning Board of Appeals, Planning
Board or Architectural Review Board.”
[13]
Editor's Note: The former definition of "design,"
as added 11-1-2002 by L.L. No. 34-2002, which immediately followed
this definition, was repealed 12-5-2003 by L.L. No. 40-2003.
[14]
Editor's Note: The former definition of "disguise,"
as added 11-1-2002 by L.L. No. 34-2002, which immediately followed
this definition, was repealed 12-5-2003 by L.L. No. 40-2003.
[15]
Editor’s Note: The former definition of “fast-food
restaurant or drive-in restaurant,” as amended, which immediately
followed this definition, was repealed 6-15-2017 by L.L. No. 15-2017.
[16]
Editor's Note: This local law also provided for temporary
exemptions as follows:
"Notwithstanding any other provision of this Local Law, parcels
of land that have met one of the following requirements by the Town
Board adoption of this Local Law shall be exempt from meeting the
provisions of this local law:
1) An application submitted to the Building Department for
a Building Permit requiring no other Town Approvals.
2) A valid building permit.
3) An application submitted to the Zoning Board of Appeals,
Planning Board or Architectural Review Board.
4) An approval from the Zoning Board of Appeals, Planning
Board or Architectural Review Board."
[17]
Editor's Note: The definition of "highest
adjacent grade," added 10-16-1987 by L.L No. 15-1987, which immediately
followed this definition, was repealed 5-15-1998 by L.L. No. 20-1998.
[18]
Editor's Note: Appendix L1 appears at the
end of this chapter.
[19]
Editor’s Note: The former definition of “light
fixture, full cutoff,” added 10-6-2006 by L.L. No. 27-2006,
which immediately followed this definition, was repealed 7-3-2014
by L.L. No. 21-2014.
[20]
Editor's Note: Appendix L1 appears at the
end of this chapter.
[21]
Editor's Note: Appendix L2 appears at the
end of this chapter.
[22]
Editor's Note: "This local law" refers to L.L. No. 23-2009,
adopted 9-8-2009.
[23]
Editor's Note: The former definition of "location,"
as added 11-1-2002 by L.L. No. 34-2002, which immediately followed
was repealed 12-5-2003 by L.L. No. 40-2003.
[24]
Editor's Note: "This local law" refers to L.L. No. 23-2009,
adopted 9-8-2009.
[25]
Editor's Note: The former definition of "mitigation,"
as added 11-1-2002 by L.L. No. 34-2002, which immediately followed
was repealed 12-5-2003 by L.L. No. 40-2003.
[26]
Editor's Note: The former definition of "modification,"
as added 11-1-2002 by L.L. No. 34-2002, which immediately followed
this definition, was repealed 12-5-2003 by L.L. No. 40-2003.
[27]
Editor's Note: Appendix L2 appears at the
end of this chapter.
[28]
Editor's Note: The former definition of "personal communication
services (PCS)," added 11-1-2002 by L.L. No. 34-2002, which immediately
followed this definition, was repealed 9-15-2022 by L.L. No. 24-2022.
[29]
Editor's Note: The former definition of "security
barrier," as added 11-1-2002 by L.L. No. 34-2002, which immediately
followed was repealed 12-5-2003 by L.L. No. 40-2003.
[30]
Editor's Note: The former definition of "separation,"
as added 11-1-2002 by L.L. No. 34-2002, which immediately followed
was repealed 12-5-2003 by L.L. No. 40-2003.
[31]
Editor's Note: The former definition of "site,"
added 11-1-2002 by L.L. No. 34-2002, which immediately followed this
definition, was repealed 12-5-2003 by L.L. No. 40-2003.
[32]
Editor's Note: The use tables are included as an attachment to this chapter.
[33]
Editor's Note: The former definition of "standards,"
added 11-1-2002 by L.L. No. 34-2002, which immediately followed this
definition, was repealed 12-5-2003 by L.L. No. 40-2003.
[34]
Editor's Note: The former definition of "subject
property," as added 11-1-2002 by L.L. No. 34-2002, which immediately
followed, was repealed 12-5-2003 by L.L. No. 40-2003.
[35]
Editor’s Note: The former definition
of “technology,” added 11-1-2002 by L.L. No. 34-2002,
was repealed 12-5-2003 by L.L. No. 40-2003. The former definition
of “tennis court” was repealed 7-7-2000 by L.L. No. 14-2000.
See now the definition of “playing court.” These definitions
immediately followed this definition of “tavern.”
[36]
Editor's Note: The former definition of "transportation
terminal," added 10-16-1997 by L.L. No. 15-1987, which immediately
followed this definition, was repealed 12-18-1997 by L.L. No. 40-1997.
[37]
Editor's Note: The former definition of "trustee
waters and/or trustee beaches," added 12-18-1997 by L.L. No. 38-1997,
was repealed 2-10-1998 by L.L. No. 6-1998.
[39]
Editor's Note: The tables of dimensional regulations
are in at the end of this chapter.
A building permit duly issued by the Building Inspector pursuant to the provisions of Chapter 102, Building Construction, of this Code and Article X of this chapter shall be required for:
A.
Construction. The erection, construction, reconstruction, alteration, demolition, razing or moving of all or any part of any building, structure or part thereof, including any component of a personal wireless service facility, any sign, other than a temporary sign, approved directional sign, approved informational sign or other sign exempted by provisions of §§ 255-11-50 to 255-11-59.
[Amended 9-15-2022 by L.L. No. 24-2022]
B.
Clearing. On unimproved residential properties located
in residential districts, the clearing or grading of any more than
a ten-foot-wide access path in addition to a four-hundred-square-foot
area for the purposes of obtaining approval from the Suffolk County
Department of Health Services. On improved residential properties,
clearing or grading of any more than 50% of lot area or more than
one acre of land, whichever shall be the lesser; on all other properties
any clearing or grading.
[Amended 6-8-2004 by Ord. No. 15-2004; 3-4-2005 by L.L. No. 9-2005]
C.
Mobile homes. The installation of a mobile home in
any duly licensed mobile home park.
D.
Conversions. Any conversion or change in use of a building, structure or lot for which a special permit is required pursuant to Article V of this chapter.
F.
Fuel oil storage tank closure or removal. Upon the
replacement of any fuel oil storage tank or the abandonment of such
tank. A building permit issued pursuant to this provision shall be
issued without a fee.
[Added 6-4-2004 by L.L. No. 9-2004]
G.
Ice rink. Upon the conversion of any legally existing
playing court for seasonal use as an ice rink.
[Added 12-16-2004 by L.L. No. 37-2004; amended 7-1-2005 by L.L. No. 20-2005]
H.
Expansion or resurfacing of parking areas and driveways
servicing commercial property. The construction of any new parking
area, driveway, or curb cut or the resurfacing of any existing parking
area, driveway or curb cut that includes a change from one surface
material to another surface material, servicing a commercial property.
[Added 9-21-2006 by L.L. No. 23-2006]
The commencement, undertaking or carrying on of any activity, work or use for which a building permit is required by the preceding section prior to the issuance thereof or subsequent to the expiration a permit duly issued shall constitute a violation of this chapter subject to the provisions of Article X hereof.
A.
Notwithstanding any provision of § 255-1-30, no building permit shall be required for the erection, construction, reconstruction, alteration, moving or use of the following:
(1)
Lots with residences. A fence, driveway or walkway
of any length or any accessory building or structure, no linear dimension
of which structure exceeds six feet, located on a lot containing a
residence, provided that such structures are not part of or connected
with another structure, activity or use which does require a building
permit hereunder.
(2)
Berms, fences and walls. Any berm, fence or wall which by the terms of Article XI does not require a building permit.
(3)
Other. Any other activity or use which is explicitly
exempted from the requirement of obtaining a building permit by a
specific provision of this chapter.
B.
Every structure, activity or use not requiring a building
permit shall nevertheless be required to meet every other regulation
of this chapter and of this Code which is applicable to such structure,
activity or use.
[Amended 4-13-2007 by L.L. No. 14-2007]
The following provisions shall apply to and
govern all nonconforming uses, as the same are defined herein, wherever
located:
A.
Nonconforming uses permitted to continue. Every 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 the amendment or revision thereof which
rendered the use nonconforming, unless this chapter or such amendment
or revision includes explicit language providing for the limitation
or termination of such use.
B.
Prohibition on physical expansion. No building or
structure or part thereof which is used by a nonconforming use shall
be enlarged or added to; nor shall such building, structure or part
thereof be reconstructed, altered, restored or repaired such that
the gross floor area after such reconstruction alteration, restoration
or repair exceeds 100% of the gross floor area of the building, structure,
or part thereof on the date the use became nonconforming.
C.
No nonconforming use shall be changed, unless such
change is to a conforming use.
D.
Abandonment. A nonconforming use which is abandoned
shall be deemed to have ceased to exist for all purposes hereunder
and shall not thereafter be carried on. Such abandonment of a nonconforming
use shall occur:
(1)
When the use is changed to a conforming use.
(2)
In the case where the use occupied a building
or structure designed primarily to accommodate or facilitate such
use, when the use is discontinued for any reason for a period of 36
consecutive months or voluntarily for 18 months.
(3)
In the case where the use occupied any other
building or structure, when the use is discontinued for any reason
for a period of 24 months or voluntarily for 12 months.
(4)
In the case where the use was carried out on
a lot upon which there was located no consequential building or structure
devoted to the discontinued use, when the use is discontinued for
any reason for a period of 12 months or voluntarily for six months.
E.
Determination of a nonconforming use. The following
procedures must be followed prior to the determination of a legally
preexisting, nonconforming use by the Chief Building Inspector:
[Added 12-16-2004 by L.L. No. 35-2004]
(1)
At least 10 days prior to the issuance of a
certificate of occupancy for a legally preexisting, nonconforming
use, the Building inspector shall cause the application filed by the
applicant to be published in the official newspaper of the Town. The
notice shall state that comments or objections to a finding of a legally
preexisting, nonconforming use shall be made no later than 10 days
from the date of the appearance of the notice in the official newspaper
(the "notice date").
(2)
The applicant must send a copy of the application
filed with the Building Department to the owners of record of every
property which touches or abuts the applicant's property and to the
owners of record of every property which is directly across any public
or private street from the property involved in the application. This
provision shall require that such notice be given to all such owners,
including the owners of underwater land or within another governmental
jurisdiction, excepting only the following entities: the State of
New York, the County of Suffolk, the Town of East Hampton, the Metropolitan
Transportation Authority (Long Island Railroad) and the owners of
subdivision reserved areas other than agricultural reserved areas
(the owners of agricultural reserved areas must receive notice). Such
notice shall be made by certified mail, return receipt requested,
posted at least 10 days prior to the date upon which such a determination
is to be made and addressed to the owners of record at the latest
addresses listed for them in the Town Assessor's office. The applicant
shall file with the Building Department an affidavit stating that
she has complied with this provision, together with the postal receipts
evidencing notification of the property owners.
(3)
No less than 10 days after the completion of
these requirements, the Chief Building Inspector shall make a determination
as to the status of the applicant's application.
[Added 11-1-2002 by L.L. No. 34-2002; amended 9-15-2022 by L.L. No. 24-2022]
A.
Personal wireless service facilities: to establish general guidelines
for the locating of wireless communication towers, antenna, ground
equipment and related accessory structures and design of personal
wireless services facilities. The provisions of this Section are not
intended to and shall not be interpreted to prohibit or to have the
effect of prohibiting personal wireless services. These standards
shall not be applied in such a manner as to unreasonably discriminate
between providers of functionally equivalent personal wireless services.
The purpose and intent of this subsection are to:
(1)
Accommodate the growing need and demand for wireless communications
services.
(2)
Enhance the ability of the providers of personal wireless services
to provide such services to the community quickly, effectively, and
efficiently.
(3)
Respond to the policies embodied in the Telecommunications Act
of 1996 in such a manner as not to unreasonably discriminate between
providers of functionally equivalent personal wireless services or
to prohibit or have the effect of prohibiting personal wireless services.
(4)
Respond to the policies embodied in the Federal Communication
Commission's Declaratory Ruling and Third Report and Order of September
27, 2018, in such a manner as to not effectively prohibit the provision
of wireless services.
(5)
Protect the character and attractiveness of the Town while meeting
the needs of its citizens to enjoy the benefits of communications
services.
(6)
Protect the health, safety, general welfare of the community.
(7)
Establish review procedures to ensure that applications for
communications facilities are reviewed for compliance with federal,
state and local regulations and acted upon within a reasonable period
of time as required by applicable state and federal regulations.
(8)
Promote personal wireless service facilities' compatibility
with surrounding land uses, and protect the attractiveness, health,
safety, general welfare, and property values of the community.
(9)
Minimize the impacts of wireless communications facilities on
surrounding land uses by establishing standards for location, structural
integrity, and compatibility.
(10)
Encourage the use of existing structures, including, but not
limited to, rooftops, utility poles and church steeples for deploying
personal wireless service facilities.
(11)
Allow for alternative types of personal wireless service facilities
in any location subject to standards.
(12)
Caution users of guyed and lattice towers, monopoles and antennas
to locate, site and design them in a way that minimizes the adverse
visual impact of the lattice or guyed towers, monopoles and antennas.
(13)
Expedite the review process for those applications choosing
the least intrusive alternative of deploying personal wireless service
facilities.
B.
Exempt facilities. The following items are exempt from the standards
for wireless communication facilities, notwithstanding any other provisions:
(1)
Satellite earth stations used for the transmission or reception
of wireless communications signals with satellites, that are one meter
(39.37 inches) or less in diameter in all residential zones and two
meters or less in all other zones.
(2)
A temporary wireless communications facility, upon the declaration
of a state of emergency by federal, state, or local government, and
a written determination of public necessity by the Town designee;
except that such facility must comply with all federal and state requirements.
No communications facility shall be exempt from the provisions of
this section beyond the duration of the state of emergency.
(3)
A government-owned communications facility erected for the purposes
of installing antenna(s) and ancillary equipment necessary to provide
communications for public health and safety.
(4)
A temporary wireless communications facility for the purposes
of providing coverage of a special event, and subject to federal and
state requirements. Said communications facility may be exempt from
the provisions of this section up to one week before and after the
duration of the special event.
(5)
Amateur radio towers solely used for licensed amateur services
up to 70 feet in height.
C.
Preexisting and unpermitted facilities:
(1)
Personal wireless service facility for which a permit has been
issued prior to the effective date of this section shall be deemed
a permitted use and an eligible support structure, subject to the
conditions of that permit. When an unpermitted personal wireless service
facility is identified by the Town of East Hampton to be attached
to a mount approved for another use or personal wireless service facility,
the attached personal wireless service facility must apply for a separate
siting application, even when:
(2)
Unpermitted personal wireless service facilities will be considered
out of compliance with this chapter and subject to abatement.
(3)
Damaged or destroyed facilities may be rebuilt and all such
facilities may be replaced by facilities of the same type and height
at the same location, provided that guyed or lattice towers may be
changed to mounts of lesser visual intensity.
(4)
Placement of co-location on a legally nonconforming structure
shall not be considered an expansion of the nonconforming structure.
However, placement of any co-location or any other portions of a personal
wireless service facility on an existing structure, whether legally
nonconforming or in, as well as out of, compliance, shall require
an application to be obtained for the personal wireless service facility
under the terms of this chapter.
(5)
Any carrier with at least one preexisting personal wireless
service facility in the Town of East Hampton that is out of compliance
with the Town of East Hampton building and zoning requirements, prior
to the adoption of this section, shall not be eligible for any new
approvals of personal wireless service facilities by the Town until
the preexisting personal wireless service facility or personal wireless
service facilities are brought into compliance with this chapter.
(6)
No issuance of any permit under this chapter shall occur for
a request to collocate on an existing personal wireless service facility
site, mount or facility, when such existing site, mount or facility
is found to have one or more personal wireless service facilities
without permits and/or any structure, mount or facility is found to
lack one or more building, electrical or any other permits required
by the Town of East Hampton Building Inspector and the laws the Building
Inspector is authorized to implement and enforce.
(7)
Any application by a wireless carrier or other entity shall
not be accepted by the Town of East Hampton if that wireless carrier
has a preexisting personal wireless service facility on, or the other
entity owns, a mount, rooftop or tower, on which there is any unpermitted
personal wireless service facility until that personal wireless service
facility is brought into compliance with this chapter.
D.
Unacceptable applications for personal wireless service facilities.
(1)
Any application for site plan review and/or special permit for
a personal wireless service facility shall not be accepted by the
Building Inspector, Planning Director or any other representative
of the Town of East Hampton if:
(a)
The applicant owns any other use, structure or facility in the
Town of East Hampton that has been shown by the Town Assessor to be
in arrears from the most recent property tax bill.
(b)
The owner of the property or the owner of the structure to which
the personal wireless service facility is proposed for attachment
has been shown by the Tax Assessor to be in arrears from the most
recent property tax bill.
(c)
The applicant owns any other use, structure or facility in the
Town of East Hampton that has not received proper zoning and/or building
permits in accordance with this chapter.
(d)
The owner of the property or the owner of the structure to which
the personal wireless service facility is proposed for attachment
has not received proper zoning permits or building permits in accordance
with this chapter for any other property or structure of which one
of more personal wireless service facilities is lawfully or unlawfully
attached.
(2)
No such application shall be accepted by the Town until outstanding
property taxes or permit violations are satisfied.
E.
Tiered permit process. The Town of East Hampton Department of Planning
shall receive all personal wireless service facility siting applications
and assign each application to one of the following "tiers." These
tiers represent a ranking for the preferred design of future personal
wireless service facilities, with Tier One applications being the
most preferable, and Tier Three applications being the least preferred.
Where an applicant proposes a new Tier Three personal wireless service
facility, each applicant shall demonstrate why adequate coverage in
the proximity of the site by either a Tier One and/or Tier Two facilities
cannot be provided.
(1)
Tier One (Town street rights-of-way). Small wireless service
facilities on existing, replacement or new utility poles inside Town
street rights-of-way.
(3)
Tier Three (public or private property). New tower or other
structure for purposes of installing transmission equipment outside
of a right-of-way (ROW) which is proposed on public or private property.
F.
Location standards. The approval of personal wireless service facilities
shall be subject to meeting or exceeding the following standards:
(1)
Avoidance areas. A personal wireless service facility should
not be located in the following avoidance areas:
(a)
On lots which are designated recreational open space including
those preserved through the Community Preservation Fund (CPF) or designated
nature preserves.
(b)
In locations which are within or which are within 500 feet of
designated areas of natural, cultural, historic, agricultural, or
scenic resources, among others. These areas shall include but not
be limited to:
[1]
Agricultural Overlay Districts, Suffolk County
Agricultural Districts, active farm operations, and on farmland, in
general.
[2]
Flood Hazard Overlay District and all flood-prone
areas.
[3]
Harbor Protection Overlay District and all areas
attendant to water bodies and shorelines.
[4]
Historic districts and historic landmarks along
with any building or site on the National Register of Historic Places
or the New York State eligible list, National Natural Landmarks, and
other identified historic resources.
[5]
Areas identified in the Scenic Resources Study
and Scenic Areas of Statewide Significance, not otherwise classified
above.
(2)
Opportunity sites. A personal wireless service facility should
be located at one of the following opportunity sites. The following
represents a list in ranking order from the most preferred locations
for new personal wireless service facilities to the least preferred.
Where an applicant proposes a new personal wireless service facility
at a location other than an opportunity site listed below, the applicant
must demonstrate through coverage maps and other appropriate supporting
documentation that their coverage goals cannot be met by situating
new facilities at an alternative location or locations. In all instances,
locations owned by the Town of East Hampton are preferred over private
lands, other municipal lands, or others.
(a)
Public rights-of-way utility poles, including telephone poles,
utility-distribution poles, streetlights and traffic signal stanchions.
(b)
Existing eligible support structures.
(c)
Rooftops of existing buildings and structures with no preexisting
transmission equipment.
(d)
Facades of existing buildings and structures with no preexisting
transmission equipment.
(3)
Interpretation of opportunity sites and avoidance areas shall
be made by the Town of East Hampton Department of Planning, based
on the location of the proposed personal wireless service facility
and the criteria listed in this chapter.
G.
Federal Communications Commission environmental assessment.
(1)
The FCC requires that an environmental assessment (EA) be filed
with the FCC prior to beginning operations for any personal wireless
service facility proposed in or involving any of the following:
(2)
At the time of application filing, an EA that meets FCC requirements
shall be submitted to the Town of East Hampton for each personal wireless
service facility site that requires such an EA to be submitted to
the FCC.
H.
Specific standards and safeguards, all personal wireless service
facility applications.
(1)
All applications for Tier One, Two and Three personal wireless
service facilities shall address the following:
(a)
Payment of application fee(s).
(b)
Completed personal wireless facility siting application with
original signatures for the applicant and all co-applicants applying
for the application with indication if the applicant or co-applicant
will be represented by an agent, original signature authorizing the
agent to represent the applicant and/or co-applicant.
[1]
If the applicant is not the owner or person in
control of the personal wireless service facility and/or site, an
attestation that the owner or person in control of the personal wireless
service facility and/or site has consented to the proposed facility
or modification.
[2]
The current and/or intended wireless service provider(s),
as applicable for the application, shall be indicated on the site
plan with documentation provided by the service provider(s).
(c)
Structural integrity:
[1]
A structural analysis signed and sealed by a professional
engineer in the State of New York that the entire tower or base station
and all appurtenances are designed pursuant to the design requirements
of ASCE 7, including wind speed design requirements, and tower loading/wind
design requirements of Electronic Industries Association/Telecommunications
Industry Association (ANSI/TIA) 222-H, Risk Category II and Exposure
Category C standards, and any subsequent modification to those specifications.
[2]
Co-location modifications on existing eligible support facility using existing antenna mounts shall also provide a mount analysis meeting same standard as Subsection H(1)(c)[1] above.
(d)
RF compliance:
[1]
For new towers and new co-locations: A signed statement
from an RF engineer competent to opine as to RF emissions compliance
stating that the radio frequency emissions comply with FCC standards
for such emissions as set forth in 47 CFR 1.1307, 1.310, 2.091 or
2.093, as applicable (Report and Order), ET Docket 93-62 (Guidelines
for Evaluating the Environmental Effects of Radiofrequency Radiation),
11 FCC Rcd 15123 (1996); Second Memorandum Opinion and Order and Notice
of Proposed Rule Making, ET Docket 93-62 (WT Docket 97-192), 12 FCC
Rcd 13494 (1997).
[2]
For eligible facility requests: In addition to Subsection H(1)(d)[1] above, any eligible facility co-location, modification, or upgrade application shall contain a signed statement from an RF engineer competent to opine as to the RF emissions confirming that following installation, the composite facility will remain in compliance with FCC standards as stated in OET-65.
(e)
Signage. All personal wireless service facilities shall be clearly
identified with the following information on a name plate sign meeting
the Town's Code which shall be provided in an easily visible location
to include:
[1]
Federal Communications Commission's Antenna Registration
System (ASR) registration number (if applicable); site owner's name,
site identification number and/or name, phone number of contact to
reach in event of an emergency or equipment malfunction, any additional
security and safety signs.
[2]
If more than 220 voltage is necessary for the operation
of the facility and is present in a ground grid or in the tower, signs
located every 20 feet and attached to the fence or wall shall display
in large, bold, high-contrast letters, minimum height of each letter
four inches, the following: "HIGH VOLTAGE - DANGER."
[3]
No outdoor advertising signage is permitted at
the personal wireless communication facility.
(f)
Noise. No equipment shall be operated at a personal wireless service facility so as to produce noise in excess of the applicable noise standards under § 255-1-90, except for emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis until such emergency has passed.
(g)
Hazardous materials. The applicant shall list location, type
and amount (including trace elements) of any materials proposed for
use within the personal wireless service facility, including those
used for generators, that are considered hazardous by the federal,
state or local government.
(h)
Interference with public safety communications. In order to
facilitate the regulation, placement, and construction of antenna,
and to ensure that all parties are complying to the fullest extent
possible with the rules, regulations, and/or guidelines of the FCC,
each wireless provider shall agree in a written statement to the following:
[1]
Compliance with "good engineering practices" as
defined by the FCC in its rules and regulations.
[2]
Compliance with FCC regulations regarding susceptibility
to radio frequency interference, frequency coordination requirements,
general technical standards for power, antenna, bandwidth limitations,
frequency stability, transmitter measurements, operating requirements,
and any and all other federal statutory and regulatory requirements
relating to radio frequency interference (RFI).
[3]
Whenever the Town has encountered radio frequency
interference with its public safety communications equipment, and
has reasonable cause to believe that such interference has been or
is being caused by one or more wireless facility antenna arrays, the
following steps shall be taken:
[a]
The Town shall provide written notification to
all wireless service providers operating in the Town of possible interference
with the public safety communications equipment, and upon receipt
of such notifications, the wireless providers shall use their best
efforts to cooperate and coordinate with the Town and among themselves
to investigate and mitigate the interference, if any, utilizing the
procedures set forth in the joint wireless industry-public safety
"Enhanced Best Practices Guide," released by the FCC in Appendix D
of FCC 04-168 (released August 6, 2004), including the "good engineering
practices," as may be amended or revised by the FCC from time to time
in any successor regulations.
[b]
If any wireless provider fails to cooperate with
the Town in complying with the owner's obligations under this section
or if there is a determination of radio frequency interference with
the Town's public safety communications equipment, the wireless provider
who failed to cooperate and/or the wireless provider which caused
the interference shall be responsible for reimbursing the Town for
all costs associated with ascertaining and resolving the interference,
including but not limited to any engineering studies obtained by the
Town to determine the source of the interference. For the purposes
of this subsection, failure to cooperate shall include failure to
initiate any response or action as described in the "Enhanced Best
Practices Guide" within 24 hours of Town's notification.
I.
Tier One facilities (small wireless facility in a right-of-way). In addition to the specific standards and safeguards provided in § 255-1-41H herein, the following specific standards and safeguards shall also apply to all Tier One facilities applications and the following materials must be provided:
(1)
Small wireless facilities shall not exceed the size dimensions
of the small wireless facility definition. The applicant shall include
calculations demonstrating in detail the applicant meets the definition
of small wireless facility.
(2)
An aerial map showing the location of the proposed small wireless
facility.
(3)
A line map to scale showing the subject property and all properties
within 100 feet and the location of all buildings, including accessory
structures, inside the right-of-way and on all properties shown.
(4)
An accurate site plan which identifies any easements, rights-of-way,
sidewalks, driveways and the type and location of existing aboveground
and, if applicable, underground utilities.
(5)
Photo simulation with before and after images from at least
two reasonable line-of-sight locations near the proposed project location.
The photo simulations must be taken from the viewpoints of the greatest
pedestrian or vehicular traffic.
(6)
A photo rendering shall be provided of the proposed small wireless
facility that depicts aesthetic features including, but not limited
to, the use of colors and, if applicable, concealment with "before
and after" installation exhibits.
(7)
No portion of a small wireless facility shall obstruct pedestrians,
vehicular, bicycle access, sight lines or visibility for traffic,
traffic signage or signals, or interfere with access by persons with
disabilities.
(8)
No small wireless facility shall conflict with any utilities
located within the public right-of-way.
(9)
Equipment boxes, including meters, for small cell wireless facilities
may be located on the ground or attached on the pole at a height that
does not interfere with pedestrian or vehicular traffic, public views,
and traffic signs or signals. Equipment boxes and meters attached
to the utility pole shall be surrounded by a shroud painted to match
the pole.
(10)
Cables, if not located inside the pole, shall be placed in conduit
painted to match the pole from the meter box to the antenna.
(11)
Tree topping (removal of tree crown) or the improper pruning
of trees is prohibited. Any proposed pruning or removal of trees shrubs
or other landscaping already existing in the right-of-way must be
noted in the application and must be approved by the Town.
(12)
Applicants shall include an attestation that the small wireless
facilities shall be activated for use by a wireless services provider
to provide service no later than one year from the permit issuance
date, unless the Town and the wireless provider agree to extend this
period, or a delay is caused by a lack of commercial power at the
proposed site.
(13)
Small Wireless Facilities in Historic Districts. Any application
proposing the installation of small wireless facilities within a designated
historic district shall comply with the following requirements:
(a)
Concealment techniques shall be designed to be consistent and
harmonious with the nature and character of the historic district,
including color, shape and size of proposed equipment.
(b)
New utility poles or wireless support structures shall be designed
to match the size, girth, and design of any existing utility poles
or other wireless support structures located in the historic district
right-of-way, i.e., decorative light poles or banner poles.
(c)
This subsection shall not be construed to limit the Town's enforcement
of historic preservation in conformance with the requirements adopted
pursuant to the National Historic Preservation Act of 1966, 54 U.S.C.
§ 300101 et seq., and the regulations adopted to implement
those laws, or Section 14.09 of the New York State Historic Preservation
Act of 1980.
(14)
Additional items for co-locations on existing or replacement
utility poles.
(a)
New co-locations shall:
[1]
Only be mounted on structures 50 feet or less in
height including their antennas; or
[2]
Only be mounted structures no more than 10% taller
than other adjacent structures; or
[3]
Not extend existing structures on which they are
located to a height of more than 50 feet or by more than 10%, whichever
is greater.
(b)
All new wood utility poles or replacement utility poles shall
be designed with considerations of height, girth, scale, color, texture
and architectural design of any existing utility poles or other vertical
structures located in the right-of-way where the new facility is proposed.
(c)
Antenna, meter boxes and ancillary equipment shall be surrounded
by a shroud painted to match the color of the existing or replacement
utility pole.
(15)
Additional requirements for new poles (not replacement).
(a)
Spacing requirements for small wireless facilities.
[1]
To minimize the adverse visual impacts from the
proliferation of antennas and associated above-ground equipment for
small wireless facilities, no small wireless facility in the right-of-way
shall be located, to the extent practicable, within 165 feet of any
other small wireless facility in the same right-of-way, unless the
wireless service provider desiring to install small wireless facilities
less than 165 feet apart demonstrates to the Town's satisfaction why
such placement is necessary.
[2]
No small wireless facilities shall be placed in
front of structure and each shall be located as close to the shared
side yard lot line as possible.
[3]
In a residential street right-of-way, all small
wireless facilities located adjacent to residential structures shall
be placed in the right-of-way at locations where they are at least
100 feet from the base of the facility to any residential structure
whenever possible.
[4]
If a right-of-way has residential structures on
only one side of the street, small wireless facilities shall be located
on the opposite side of the right-of-way whenever possible.
[5]
Where a right-of-way has residential or commercial
structures on only one or both sides of the street, the small wireless
facilities shall be located as close to the commercial structure whenever
possible.
(b)
All new concealed small wireless facilities shall be designed
with considerations of height, girth, scale, color, texture and architectural
design of any existing utility poles or other vertical structures
located in the same right-of-way, i.e., decorative light poles or
design of the buildings parallel the rights-of-way where the new facility
is proposed. All cables, conduits, electronics, meters and wires shall
be enclosed within the structure.
J.
Tier Two (a) facility (co-location on an eligible support structure). In addition to the standards and application requirements listed in § 255-1-41H, herein, the following shall apply to all Tier Two (a) personal wireless service facilities applications:
(1)
The applicant must demonstrate in writing the proposed co-location
or modification does not exceed any part of the definition of "substantial
change."
(2)
Notwithstanding this provision, the Planning Director may approve
a modification where maintaining the original design is not feasible,
provided that the applicant provides evidence demonstrating that the
modification's design or configuration is necessary, does not defeat
the existing concealment technique in the view of a reasonable person,
and is the least obtrusive means of accomplishing the objective.
K.
Tier Two (b) (co-location on a structure with no preexisting transmission equipment) and all Tier Three facilities (new tower on public or private property or new small wireless facility tower or utility pole outside ROW). In addition to the standards and application requirements listed in § 255-1-41H, herein, the following shall apply to all Tier Two (b) and Tier Three personal wireless service facilities applications:
(1)
Identify the subject property by including the name of the nearest
road or roads, and street address, if any.
(2)
Tax parcel number of subject property.
(3)
Tax map showing adjoining (abutting) properties.
(4)
Written statement that the lease between the applicant and co-applicant
landowner of the subject property contains the following provisions:
(5)
Copy of Form 600 on file with the FCC.
(6)
FCC license (radio authorization form).
(7)
Site latitude and longitude.
(8)
Land use map showing existing land use.
(9)
Zoning district designation for the subject parcel and for all
parcels within 300 feet of the property lines of the subject parcel.
(10)
A line map to scale showing the subject property and all properties
within 300 feet and the location of all buildings, including accessory
structures, on all properties shown.
(11)
Dimensions of the personal wireless service facility specified
for all three directions: height, width and breadth. These shall be
provided for the antennas, mounts, equipment shelters and security
barrier, if any.
(12)
Overall height measured at ground level (AGL) to the radiation
center and the top of highest projection (e.g., lightning rod).
(13)
A map indicating applicant's existing radio frequency signal
propagation, a map indicating applicant's proposed new radio frequency
signal propagation, and a map indicating the proposed improvements'
coverage/capacity area, which provides sufficient justification for
the requested antenna height; or an affidavit from a radio frequency
engineer, including the qualifications of affiant, to justify the
mounting height of the proposed new antenna.
(14)
A radio frequency propagation plot indicating the coverage of existing antenna sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency engineer detailing compliance with the location preferences (§ 255-1-41H) and that the proposed facility's coverage or capacity potential cannot be achieved by any higher ranked alternative if unacceptable. Alternatively, the applicant may provide an affidavit by a radio frequency engineer, including the qualifications of affiant, detailing compliance with the location preferences (§ 255-1-41H). If a lower ranking alternative is proposed, the affidavit must address why higher ranked options are not technically feasible, practical, and/or justified given the location of the proposed communications facility.
(15)
Security barriers. In the case of a roof-mounted personal wireless
service facility, the security barrier shall be provided around the
tower or antenna. The security barrier shall be maintained by the
operator of the personal wireless service facility or mount for the
life of the installation. No security barrier is needed around side-mounted
personal wireless service facilities.
(16)
Equipment cabinets and Equipment Shelters. Electronic equipment
shall be contained in either equipment cabinets or equipment shelters.
Equipment cabinets shall not be visible from pedestrian and right-of-way
views. Equipment cabinets may be provided within the principal building
on the lot, behind a screen on a rooftop, or on the ground within
the fenced-in and screened equipment compound.
(17)
Equipment compound.
(a)
Ground-based equipment compounds shall comply with the minimum
setback requirements of the applicable zoning district as set forth
in the Town's Code, depending upon whether any structure is considered
a primary use or an accessory use.
(b)
Fenced-in compounds shall not be used for the storage of any
excess equipment or hazardous materials.
(c)
No outdoor storage yards shall be allowed in a tower equipment
compound.
(d)
The compound shall not be used as habitable space.
(18)
Fencing. All ground-based equipment compounds shall be enclosed
with an opaque fence or masonry wall in residential zoning districts
and in any zoning district when the equipment compound adjoins a public
right-of-way. Alternative equivalent screening may be approved through
the application approval process.
(19)
Photo simulation with before and after images from at least
two reasonable line-of-sight locations near the proposed project location.
The photo simulations must be taken from the viewpoints of the greatest
pedestrian or vehicular traffic.
(20)
A photo rendering shall be provided of the proposed small wireless
facility that depicts aesthetic features including, but not limited
to, the use of colors and, if applicable, concealment with a before
and after installation exhibits.
(21)
Lighting. Lighting on personal wireless service facility towers
and base stations shall not exceed the Federal Aviation Administration
(FAA) minimum standards. All other lighting shall be subject to the
following:
(a)
Any lighting required by the FAA must be of the minimum intensity
and number of flashes per minute (i.e., the longest duration between
flashes) allowable by the FAA.
(b)
Such lighting of the personal wireless service facility as may
be required by the Federal Communications Commission, Federal Aviation
Administration (FAA) or other applicable authority installed in a
manner to minimize impacts on adjacent residences.
(c)
Lights shall be filtered or oriented so as not to project directly
onto surrounding property or rights-of-way, consistent with FAA requirements.
(d)
Only red lighting shall be utilized unless otherwise recommended
by FAA guidelines.
(e)
Security and safety lighting of equipment buildings if such
lighting is appropriately shielded to keep light within the boundaries
of the site.
L.
Tier Two (b) (co-location on a structure with no preexisting transmission equipment) and all Tier Three facilities (new tower on public or private property or new small wireless facility tower or utility pole outside ROW). In addition to the standards and application requirements listed in § 255-1-41H, herein, the following shall apply to all Tier Two (b) personal wireless service facilities applications:
(1)
Roof-mounted personal wireless service facilities should not
project more than 10 additional feet above the height of a legal building
even if the existing building is at the legal height limit of the
zoning district.
(2)
Side-mounted personal wireless service facilities should not
project more than 20 inches five feet from the face of the mounting
structures.
(3)
Roof mounts on buildings should have railings to protect workers.
(4)
Feed lines and antennas shall be designed to architecturally
match the facade, roof, wall, and/or structure on which they are fixed
or otherwise lend with the existing structural design, color and texture.
M.
Tier Three (new macro tower and new small wireless tower or utility pole outside ROW) additional standards. In addition to the standards and application requirements listed in § 255-1-41H and K, herein, the following shall apply to all Tier Three personal wireless service facilities applications:
(1)
Prior to securing a lease on a subject property for a proposed
new tower, the applicant, service provider or tower owner shall have
a pre-development meeting with the Planning Director to discuss the
proposed location and possible alternatives to the proposed location.
The alternatives need not be totally different from the proposed personal
wireless service facility; however, the alternatives should contain
measurable differences, such as:
(a)
Height. An alternative can be identical to the proposed personal
wireless service facility except to be for a shorter height.
(b)
Location. An alternative could be located on a different property
than the proposed personal wireless service facility.
(c)
Siting. An alternative could be in a different place on the
same property as the proposed personal wireless service facility.
(d)
Design. An alternative could be of the same height, location
and siting as the proposed personal wireless service facility but
be designed to appear differently.
(e)
Change in community scale, as exhibited in relative height,
mass or proportion of the personal wireless service facility within
its proposed surroundings.
(f)
New visible elements proposed on a contrasting background and
different colors and textures proposed against a contrasting background.
(g)
Use of materials that are foreign to the existing built environment.
(h)
Conservation of opportunities to maintain community scale, not
compromising buffering areas and low-lying buildings so as to start
a trend away from the existing community scale.
(i)
Amount and diversity of landscaping and/or natural vegetation.
(j)
Preservation of view corridors, vistas, and viewsheds; continuation
of existing colors, textures and materials.
(k)
Summary of the items in Subsection M(1)(a) through (j) above shall be provided in narrative with the submittal of the siting application. The following standards shall also guide all personal wireless service facilities application:
[1]
Height should be kept to a minimum.
[2]
Wireless communication facility towers shall be
engineered and constructed for as many co-locations as possible based
on the height of the proposed structure.
[3]
Setbacks.
[a]
New wireless structures shall have a setback from
adjoining property lines equal to or greater than the height of the
proposed structure.
[b]
All equipment shelters shall comply with the minimum
setback requirements of the applicable zoning district as set forth
in the Town of East Hampton Zoning Code, depending upon whether any
structure is considered a primary use or an accessory use.
[c]
On parcels with a principal building housing a
primary use, all components of the personal wireless service facility
shall be located behind the main building line.
[4]
New concealed wireless communication facility towers
shall be configured and located in a manner that shall minimize adverse
effects including visual impacts on the landscape and adjacent properties
and match the existing landscape and if applicable existing and adjacent
architecture of structures on the property or adjacent properties.
[5]
Color. If personal wireless service facilities
are to be painted, then the applicant shall use complementary colors
or natural tones, including those of surrounding vegetation and/or
the sky.
[6]
Concealment solutions should match the existing
property on which the tower is proposed. For example, if on a wooded
lot the faux tree with densely installed with sufficient number of
"faux" branches, foliage and antenna socks or matching paint to conceal
all external antenna, panels, trays, cables, support rods, crossbars,
port holes, splitters, couplers and attenuators and any other equipment
external to the tower mast, shall be painted or have applied material
to simulate tree bark indigenous to the area. "Faux" branches shall
commence at 20 feet above ground level (AGL) and surround the tower
in a multidimensional pyramid shape pattern to the top of the tower,
with branches and foliage material in length, width and depth sufficient
to obscure physical view of the tower, antenna elements and brackets.
Antenna wraps can also be used on all type of antenna on structures
other than monopines.
[7]
A balloon test is required prior to generating
the photo simulations to demonstrate the proposed height and concealment
solution of the WCF. The applicant shall arrange to raise a colored
balloon no less than three feet in diameter at the maximum height
of the proposed tower, and within 25 horizontal feet of the center
of the proposed tower.
[a]
Applicant must inform the Planning Director and
abutting property owners in writing of the date and times, including
alternative date and times, of the test at least 14 days in advance.
[b]
A three-foot-by-five-foot sign with lettering no
less than three inches high stating the purpose of the balloon test
shall be placed at closest major intersection of proposed site.
[c]
The date, time, and location, including alternative
date, time and location, of the balloon test shall be advertised in
a locally distributed newspaper by the applicant at least seven but
no more than 14 days in advance of the test date.
[d]
The balloon shall be flown for at least four consecutive
hours during daylight hours on the date chosen. The applicant shall
record the weather, including wind speed, during the balloon test.
[e]
Re-advertisement will not be required if inclement
weather occurs.
[8]
Appearance shown by at least two photographic simulations
of the personal wireless service facility within the subject property.
The photographic simulations shall be provided for the antennas, mounts,
equipment shelters, cables as well as cable runs, and security barrier,
if any, for the total height, width and breadth.
[9]
Simulated photographic evidence of the proposed
tower and antenna appearance from any and all residential areas within
1,500 feet and vantage points approved by the Planning Department
including the facility types the applicant has considered and the
impact on adjacent properties including:
[10]
Prior to issuance of a building permit, proof
of FAA compliance with Subpart C of the Federal Aviation Regulations,
Part 77, and "Objects Affecting Navigable Airspace," if applicable.
[11]
Copy of environmental assessment provided to the
FCC.
[12]
Screening and landscaping.
[a]
Natural vegetation. Existing natural vegetation
shall be undisturbed to the greatest extent practicable.
[b]
Landscaping. Landscaping of disturbed areas of
the personal wireless service facility site and security barriers
shall be required as follows:
[i]
At least one row of evergreen shrubs capable of forming a continuous
hedge at least five feet in height within two years of planting shall
be spaced not more than five feet apart within 15 feet of the site
boundary; and
[ii]
At least one row of evergreen trees or shrubs,
at least four feet in height when planted and spaced not more than
15 feet apart, located interior to the perimeter of the shrubs required
above; and
[iii]
Landscaping materials shall consist of xeric
or drought-resistant native species and shall be maintained by the
operator of the personal wireless service facility for the life of
the installation.
[iv]
All security barriers for guy-wire anchor points
shall be screened from view by at least one row of evergreen shrubs
spaced not more than five feet apart and capable of forming a continuous
hedge at least five feet in height within two years of planting.
[v]
Existing vegetation, topography, walls and fences combined with
shrubs, or other features may be substituted for the required buffers
if the Planning Board finds they achieve the same degree of screening
as the required buffer; or affect the stability, security, or maintenance
of guy wires.
[13]
Activities requiring Architectural Review Board
approval. The Planning Board shall submit Tier Three applications
for site plans for personal wireless service facilities to the Architectural
Review Board.
N.
Application approval procedure.
(1)
Exempt facilities can commence upon approval of the siting application
and issuance of a building permit in accordance with applicable codes.
(2)
Tier One applications.
(a)
Timeline for review.
[1]
Co-location using an existing structure: 60 days.
[2]
Installation using a new or replacement structure:
90 days.
[3]
Review timeline:
[a]
Unless a written agreement between the applicant
and the Town provides otherwise, for an initial application the Town
planning staff designee shall review the siting application and notify
the applicant on or before the 10th day after submission of the application
that the application is materially incomplete, and clearly and specifically
identify the missing documents or information and the specific rule
or regulation creating the obligation to submit such documents or
information. The comment notice shall identify the deficiencies in
the application, which, if cured, would make the application complete.
The shot clock date for siting application is determined by counting
forward, beginning on the day after the date when the application
was submitted, by the number of calendar days of the shot clock period.
[b]
The clock date calculation shall restart at zero
on the date on which the applicant submits all the documents and information
identified by the Town to render the application complete or incomplete.
[c]
The wireless communication facility shall be deemed
complete on resubmission if the resubmitted materials cure the original
deficiencies indicated by the Town.
(b)
The Town may deny an application for any of the following reasons:
[1]
Applicable codes; or
[2]
Town Code or objective design standards that concern
public safety, traffic safety and aesthetic concerns for decorative
Town utility poles, including reasonable and nondiscriminatory concealment
requirements such as screening or landscaping for ground-mounted equipment;
or
[3]
Public safety and reasonable spacing requirements
concerning the location of ground-mounted equipment in a right-of-way,
including ADA compliance; or
[4]
For small wireless facilities to be located in
the right-of-way in a historic district, any historic preservation
requirements as set forth in § 255-1-41N(13).
[5]
If the Town denies an application, then the Town
must document the basis for a denial, including the specific code
provisions on which the denial was based. The Town shall send the
documentation to the applicant on or before the day the Town denies
an application.
(c)
Batching. If a single application seeks authorization for multiple
deployments, all of which fall within a Tier 1 review, then the presumptively
reasonable period of time for the application for the applications
as a whole is equal to that for a single deployment within that category.
The Town may remove a small wireless facility from a consolidated
application and treat separately small wireless facility locations
for which incomplete information has been provided or that are denied.
The Town will issue a separate permit for each location that is approved.
(d)
All work within the Town rights-of-way is also subject to approval
of a work permit for work that involves excavation, affects traffic
patterns or obstructs vehicular traffic within or along the Town's
rights-of-way. Any/all work in the public right-of-way is subject
to approval of a permit. The provider shall comply with all the provisions
and terms of the Code of Ordinances and the right-of-way work permit.
(e)
As-built construction drawings shall be provided to the Town
for all structures, equipment, cable, pipes and conduit located within
a Town or public right-of-way, and within any Town-owned utility or
multipurpose easement; and which must include, for fiber optic cable,
the number of strands of fiber in the conduit. If any of the Town's
utilities or other infrastructure is relocated within the right-of-way
as part of the construction, the Town shall have final approval of
the design and engineering of such relocated items.
(f)
Rates for use of Town utility poles within the right-of-way.
An applicant who places a small wireless facility on a utility pole
within a right-of-way in accordance with this section shall:
(g)
Required permit provisions. Each permit issued by the superintendent
of public works and each license agreement for small wireless facilities
shall be made upon the condition that the applicant agree to the following
conditions:
[1]
Indemnification. To the fullest extent allowed
by law, both the wireless infrastructure provider and wireless services
provider (for this subsection, collectively referred to as "provider")
constructing, installing, operating, repairing, maintaining and using
a small wireless facility shall indemnify, defend and hold harmless
the Town, and its officials, agents, and employees from and against
all suits, actions or claims of any character brought because of any
injury or damage received or sustained by any person, persons or property
arising out of, or resulting from, said provider's breach of any provision
of law, including but not limited to any asserted negligent act, error
or omission of the provider, or its agents or employees, arising from
or relating to its small wireless facility. The indemnifications required
hereunder shall not be limited by reason of the specification of any
particular insurance coverage for any permit. The provider's obligations
under this provision shall not terminate with the expiration or termination
of its permit but shall survive it.
[2]
Dispute resolution. A court of competent jurisdiction
located in Suffolk County, New York shall have exclusive jurisdiction
to resolve all disputes arising under this section applying the laws
of the State of New York. Pending resolution of a dispute concerning
rates for co-location of small wireless facilities on utility poles
within the right-of-way, the Town shall allow the collocating party
to collocate on utility poles at annual rates as set forth in the
Town of East Hampton Fee Schedule.
(3)
Tier Two (a) applications.
(a)
Timeframe for review. Within 60 days of the date on which an
application submits an application for approval, the Town shall approve
the application unless it denies the application.
(b)
Tolling of the timeline for review. The sixty-day period begins
to run when the application is filed and may be tolled only by mutual
agreement or in the cases where the Town determines that the application
is incomplete.
(c)
Town must notify the applicant within 30 days of submission
(or within some other mutually agreed upon timeframe) if the submission
is incomplete.
(d)
Notices of application incompleteness shall identify specifically
the deficiencies in the application which, if cured, would make the
application complete. The clock stops on the date the notice is sent
to the applicant.
(e)
The applicant may cure the deficiencies identified by the Town
and resubmit the application for review. Any subsequent review shall
be limited to the deficiencies list in the prior denial.
(f)
The clock restarts on the date of resubmission by the applicant.
The Town shall, within 10 days of resubmission, notify the applicant
of continuing deficiencies or the application will be deemed complete.
The timeline for a decision shall be likewise tolled during the additional
resubmission deficiency period until the second resubmission. Second
or subsequent notices of incompleteness may not specify missing documents
or information that were not delineated in the original notice of
incompleteness.
(g)
Approval or denial of a complete application shall be in writing
and shall be postmarked to the applicant by day 60 after the initial
submission, excluding tolling.
(h)
Failure to act. In the event the Town fails to approve or deny
a Tier 2(a) application within the timeframe for review (accounting
for any tolling), the request shall be deemed granted. The deemed
grant does not become effective until the applicant notifies the Town
in writing after the review period has expired (accounting for any
tolling) that the application has been deemed granted.
(4)
Tier Two (b) applications.
(a)
Timeframe for review. Within 90 days of the date on which an
application submits an application for approval, the Town shall approve
the application unless it denies the application.
(b)
Tolling of the timeline for review. The ninety-day period begins
to run when the application is filed and may be tolled only by mutual
agreement or in the cases where the Town determines that the application
is incomplete.
(c)
Town must notify the applicant within 30 days of submission
(or within some other mutually agreed upon timeframe) if the submission
is incomplete.
(d)
Notices of application incompleteness shall identify specifically
the deficiencies in the application which, if cured, would make the
application complete. The clock stops on the date the notice is sent
to the applicant.
(e)
The applicant may cure the deficiencies identified by the Town
and resubmit the application for review. Any subsequent review shall
be limited to the deficiencies list in the prior denial.
(f)
The clock restarts on the date of resubmission by the applicant.
The Town shall, within 10 days of resubmission, notify the applicant
of continuing deficiencies or the application will be deemed complete.
The timeline for a decision shall be likewise tolled during the additional
resubmission deficiency period until the second resubmission. Second
or subsequent notices of incompleteness may not specify missing documents
or information that were not delineated in the original notice of
incompleteness.
(g)
Approval or denial of a complete application shall be in writing
and shall be postmarked to the applicant by day 90 after the initial
submission, excluding tolling.
(h)
Failure to act. In the event the Town fails to approve or deny
a Tier 2(b) application within the timeframe for review (accounting
for any tolling), the request shall be deemed granted. The deemed
grant does not become effective until the applicant notifies the Town
in writing after the review period has expired (accounting for any
tolling) that the application has been deemed granted.
(5)
Tier Three applications.
(a)
The timeframe for review. Within 150 days of the date on which
an applicant submits an application for approval, the Town shall approve
the application unless it denies the application.
(b)
Tolling of the timeline for review. The 150-day period begins
to run when the application is filed and may be tolled only by mutual
agreement or in the cases where the Town determines that the application
is incomplete.
(c)
Town must notify the applicant within 30 days of submission
(or within some other mutually agreed upon timeframe) if the submission
is incomplete.
(d)
Notices of application incompleteness shall identify specifically
the deficiencies in the application which, if cured, would make the
application complete.
(e)
The timeline clock stops on the day after the date the Town
sends notice of incompleteness to the applicant.
(f)
The applicant may cure the deficiencies identified by the Town
and resubmit the application for review. Any subsequent review shall
be limited to the deficiencies list in the prior denial.
(g)
The clock restarts on the date of resubmission by the applicant.
The Town shall, within 10 days of resubmission, notify the applicant
of continuing deficiencies or the application will be deemed complete.
The timeline for a decision shall be likewise tolled during the additional
resubmission deficiency period until the second resubmission. Second
or subsequent notices of incompleteness may not specify missing documents
or information that were not delineated in the original notice of
incompleteness.
(h)
Approval or denial of a complete application shall be in writing
and shall be postmarked to the applicant by the 150th day after the
initial submission, excluding any tolling period.
O.
Abandonment and discontinued use.
(1)
Personal wireless service facility towers, antennas, and the
equipment compound shall be removed, at the tower or base station
owners' expense, within 180 days of cessation of use, unless the abandonment
is associated with a replacement structure, in which case the removal
shall occur within 90 days of cessation of use.
(2)
A tower or base station owner wishing to extend the time for
removal or reactivation shall submit a request stating the reason
for such extension. The Town may extend the time for removal or reactivation
up to 60 additional days upon a showing of good and unique cause.
If the tower or antenna is not removed within this time, the Town
may give notice that it will contract for removal within 30 days following
written notice to the tower or base station owner. Thereafter, the
Town may cause removal of the tower with costs being borne by the
tower or base station owner.
(3)
Upon removal of the wireless facility tower, antenna, and equipment
compound, the development area shall be returned to its natural state
and topography and vegetated consistent with the natural surroundings
or consistent with the current uses of the surrounding or adjacent
land at the time of removal, excluding the foundation, which does
not have to be removed.
P.
Fees for personal wireless service facility applications.
(1)
The Town shall have the right to properly plan for and evaluate
applications for personal wireless service facilities and to charge
reasonable fees for such services to the applicant. Such fees shall
include, but shall not be limited to, the following:
(a)
Application fee. The Town staff shall evaluate each application
on a case-by-case basis. The application fee shall include, but shall
not be limited to, the cost for Town staff to properly evaluate applications
for personal wireless service facilities. The application fee shall
be equally applied to all applications.
(b)
Special fee. The Town shall have the right to retain independent
technical consultants and experts that it deems necessary to properly
evaluate applications for individual personal wireless service facilities.
The special fee shall include, but shall not be limited to, the hourly
rate of the independent technical consultant or expert the Town deems
necessary to properly evaluate applications for personal wireless
service facilities. The special fee shall be applied to those applications
requiring special review or evaluation.
(c)
General fee. The Town has retained independent consultants and
experts on wireless planning and may retain future independent consultants
and experts to assist Town staff with proper planning for personal
wireless service facilities. The general fee shall include, but shall
not be limited to, the prorated share for each applicant of such costs
for the independent consultants and experts and for Town staff. The
general fee shall be prorated among all applications on an equal basis.
Q.
Staff reports.
(1)
Tier One and Tier Two applications do not require staff reports.
However, the Town of East Hampton Department of Planning or another
department may prepare reports and provide recommendations to the
Town of East Hampton Town Board, Planning Board, Zoning Board of Appeals
or any other permitting agency of the Town of East Hampton or another
municipality with jurisdiction.
(2)
Tier Three applications. The Town of East Hampton Department
of Planning shall prepare staff reports for Tier Three applications.
The staff report shall contain the following:
(a)
Description of the proposed personal wireless service facility.
(b)
Other personal wireless service facilities in the area.
(c)
Nearest three personal wireless service facility sites for the
same carrier to the proposed personal wireless service facility.
(d)
Location.
(e)
Identification of whether the proposed personal wireless service
facility is in an avoidance area.
(f)
Identification of whether the proposed personal wireless service
facility is at an opportunity site.
(g)
Determination of whether location standards have been met.
(h)
Determination of whether siting standards have been met.
(i)
Identification of any necessary practical measures to avoid,
minimize, and/or mitigate (in that order of preference) for adverse
impacts of the proposed personal wireless service facility.
(l)
Description of narrative attachments.
R.
Registry, monitoring, inspection, abandonment, and obsolescence.
(1)
Registry. Each carrier shall file the following information
with the Town on a biannual basis, beginning with the date of approval:
(a)
Owner/lessee/intermediary/agent and carrier(s) at the site.
(b)
Location by latitude and longitude, addresses and parcel numbers.
(c)
Height, AGL.
(d)
Co-location status and capability (including if a former co-location
has been removed).
(e)
Last date at which site was modified and the nature of the modification.
(f)
A list of toxic/hazardous materials at the personal wireless
service facility (including in the equipment shelter).
(g)
Instructions for emergency personnel on the approach action
to be taken in case of an emergency involving any toxic/hazardous
substances.
(h)
The name and telephone number of a representative of the carrier
to be contacted in the event of any emergency at the personal wireless
service facility site. The contact representative is to be available
on a twenty-four-hour-a-day, seven-days-a-week basis.
(i)
A site monitoring schedule indicating how often the site is
inspected and monitored by the carrier.
(j)
A ground maintenance schedule indicating how often the grounds
are maintained and the name and telephone number of a representative
of the carrier to be contacted in the event the grounds require service
before the next scheduled maintenance.
(k)
Certification, signed by a radio frequency engineer, stating
that the RFR from the personal wireless service facility meets the
FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency
Radiation.
(2)
Inspection. The owner or operator of personal wireless service facility shall provide for and conduct an inspection of mounts at least once every five years. A report shall be provided to the Town of East Hampton Building Inspector verifying structural integrity and tenants on the mounts as a part of the requirements provided for in § 255-5-50 of this chapter.
[1]
Editor's Note: Former § 255-1-41
was repealed 11-15-1996 by L.L. No. 19-1996.
[Added 11-15-1995 by L.L. No. 19-1996; amended 4-13-2007 by L.L. No. 14-2007]
The following provisions shall apply to and
govern all nonconforming buildings and structures, as the same are
defined herein, wherever located.
A.
Expansion of nonconforming structures generally. A
nonconforming building or structure lawfully existing on any lot,
or a building or structure which lawfully exists on a nonconforming
lot, may be enlarged, reconstructed, altered, restored, or repaired,
in whole or part, provided that the "degree of nonconformity" is not
thereby increased. For the purposes of this subsection, an increase
in the "degree of nonconformity" shall include an increase in the
amount of a nonconforming building's or structure's gross floor area
which is located within a required setback area, or an increase in
any portion of a building or structure located above the maximum height
permitted or within the required pyramid law setback.
B.
Rule governing nonconforming uses. The provisions of this section do not apply to a building or structure which is used for a nonconforming use. The enlargement, reconstruction, alteration, restoration, or repair of a building or structure used by a nonconforming use shall be governed by the provisions of § 255-1-40 hereof.
C.
Limitations on reconstruction. Reconstruction of a
legally preexisting nonconforming building or structure shall be limited
as follows:
(2)
Reconstruction of a nonconforming building or structure shall require a bluff line or dune crest setback variance if such is mandated by § 255-4-40 hereof unless such reconstruction is required as a result of accidental cause, including fire. "Accidental cause" shall not include flooding or erosion.
[Amended 3-15-1991 by L.L. No. 4-1991; 11-15-1996 by L.L. No.
19-1996]
The following provisions shall apply to and
govern all nonconforming lots, as the same are defined herein, wherever
located:
A.
Proof of preexisting single and separate ownership.
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, the Town Code and other laws, rules and regulations
if proof that the lot has been held in continuous single and separate
ownership since before the date on which it became nonconforming is
submitted to the Building Inspector. The Building Inspector may require
an abstract of title to said lot, which abstract shall be in the usual
form, shall be certified by an attorney or title company regularly
doing such work in Suffolk County and shall contain a certification
that, since the effective date of this chapter or the amendment thereto
which renders the lot nonconforming, no contiguous property was ever
owned by an owner of the subject lot.
B.
Merger of nonconforming lots. If at any time a nonconforming
lot shall be held in the same ownership as one or more adjoining parcels,
the lot 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 dimensional regulations
of the district in which it is situated. No such merger shall occur,
however, in the following cases:
[Amended 8-5-2005 by L.L. No. 24-2005]
(1)
Merger by death. 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 owner of one of the parcels.
(2)
Improved nonconforming parcels. No merger shall
hereafter result under this chapter where adjacent nonconforming lots
that are both improved with single family residences are held in the
same ownership.
C.
Town Trustee roads. Certain parcels within the Town may be traversed or bisected by ancient Town Trustee roads, streets or highways (hereafter, "Trustee roads") whose preexistence has not become generally known or recognized until relatively recently. Notwithstanding the provisions of Subsection A hereof, therefore, in cases where a Trustee road separates a parcel of land into one or more lots and where the preexistence of the Trustee road has been claimed, proved, or acknowledged (e.g., by Trustee acceptance of a deed to the road) only since the enactment of this chapter, no nonconforming lot which results from the preexistence of the Trustee road may be used for a principal building (e.g., a single-family residence) or have such a building erected thereon. This provision shall not prevent the owner of any such lot from separately conveying the same; but no such conveyance shall entitle any transferee of the lot to erect a principal building thereon. In the event that both or all of the parcels separated by a Trustee road hereunder are nonconforming lots, the owner or owners of the lots or parcels may elect to use one such lot and no other for the erection or construction of a principal building.
D.
Yard setback relief. For any lawfully existing single and separate nonconforming lot and solely for the purpose of siting thereon one principal building and any lawful accessory structures, except swimming pools and tennis courts, the required side and rear yards shall be reduced as set forth below. This setback relief shall apply automatically but is subject to any greater setbacks which may be required for swimming pools, swimming pool decks, slabs, patios or equipment and tennis courts, and is also subject to the pyramid law restrictions of § 255-11-72D hereof.
(1)
Lack of width (four-tenths rule). In the case
of a lot nonconforming as to lot width, the required side yards shall
each be reduced to no less than 4/10 times 4/10 or 0.16 of the lot
width.
(2)
Lack of depth (two-tenths rule). In the case of any nonconforming lot as described above, the required rear yard shall be the lesser of the rear yard required by § 255-11-10 for the district in which the lot is situated or a distance equal to 2/10 of the depth of the lot, measured by a line drawn perpendicular to the street line.
No provision herein regarding nonconforming
buildings, structures, lots or uses shall be deemed to prevent the
restoration of a wall or other structural member of a building which
shall have been declared unsafe by the Building Inspector, Fire Prevention
Inspector or other Town officer authorized to make such a determination
or by an engineer, architect or builder authorized by the Town Board
to examine or pass on the same.
[1]
Editor's Note: Former § 255-1-45, Unacceptable applications
for personal wireless service facilities, added 11-1-2002 by L.L. No.
34-2002, was repealed 9-15-2022 by L.L. No. 24-2022.
In addition to the other regulations of land
uses in this chapter, any trade, industry, activity or use which,
when lawfully conducted, is determined to create toxic or harmful
fumes, gases, smoke or odors or obnoxious dust, vapors, noises or
vibrations disruptive of the quiet enjoyment of neighboring properties
shall be prohibited.
[Amended 7-21-2016 by L.L. No. 32-2016]
The Town Board, after holding a public hearing on 10 days' notice published in the official newspaper, may, by resolution, determine a particular use on a particular lot to constitute a nuisance hereunder. If, 10 days after notice of such determination is served upon the owner and/or the person in control of said lot by personal service or by certified mail, return receipt requested, the activities found by the Town Board to constitute the nuisance shall not have ceased, the Board may, by resolution and without further hearing or notice, declare a violation of § 255-1-50 and of this chapter to exist, subject to the provisions of Article X hereof.
Nothing contained in this chapter shall be taken
to repeal, abrogate, annul or in any way impair or interfere with
the applicability within the Town of the New York State Uniform Fire
Prevention and Building Code or any rules or regulations adopted or
issued thereunder or any other provision of law, ordinance or regulation
now existing or which may be adopted in the future, when such provision
is not in conflict with any of the provisions hereof; nor is it intended
by this chapter to interfere with, abrogate or annul any easements,
covenants or other agreements between public or private parties. However,
when this chapter imposes a greater restriction upon the use of buildings,
structures, premises, lots or land than is imposed or required by
any other provision of law, ordinance, regulation, easement, covenant
or agreement, the provisions of this chapter shall control. Wherever
the provisions of any other law, ordinance or regulation impose a
greater restriction than this chapter, the provisions of such other
law, ordinance or regulation shall control.
Where any previous provision of Chapter 255 has been retained, continued or reenacted herein, whether or not in modified form, but is located in a renumbered section or paragraph hereof, all references contained in Chapters 102, 193, 220 or any other chapter of this Code to such previous provision shall be deemed amended so as to refer to the renumbered section or paragraph hereof in which the provision is now contained.
[Added 12-18-1997 by L.L. No. 38-1997]
The provisions of this chapter shall in no way
be deemed to circumscribe or impair the authority and proprietary
rights granted to the Town Trustees by the Nicolls Patent of 1666
and the Dongan Patent of 1686, as ratified and confirmed by Section
2 of the Laws of the Colony of New York enacted 1691; Section 36 of
the Constitution of the State of New York adopted 1777; Article 1,
Section 14 of the Constitution of the State of New York adopted 1938;
Chapter 1001 of the Laws of 1966; Chapter 233 of the Laws of 1972;
and Chapter 378 of the Laws of 1975.
In addition to any other requirements for building
permits set forth in this Code, the Building Inspector shall not knowingly
issue a building permit for any work or activity which would be in
violation of the terms of any easement, covenant or other similar
restrictions on the use of the subject building, structure or lot
which restriction is evidenced by the terms of one or more instruments
duly filed and recorded in the office of the Clerk of Suffolk County,
whether or not the Town is a party thereto. However, with regard to
instruments in which the Town is not a party, the Building Inspector
shall have no obligation to research records or obtain recorded instruments
or other documents, and the obligation to enforce this section shall
arise only in cases where a copy of the recorded instrument whose
terms would be violated by the activity or work for which permission
is sought has previously been submitted to the Building Inspector,
either by mail or in person, by a resident, taxpayer or property owner
of the Town. The authority granted by this section to the Building
Inspector to withhold a building permit based upon the existence of
a recorded instrument to which the Town is not a party shall be limited
to 10 working days following the Inspector's receipt of the instrument
or to 10 days following receipt of the building permit application,
if such application is made after the instrument in question has been
submitted. Upon the expiration of the applicable ten-day period, the
Inspector shall be free to issue the requested permit or permits,
provided that all other requirements have been met.
Where any specific provision of this chapter
is in conflict with a provision of the New York Town Law, including,
but not limited to, provisions related to periods of time in which
local agencies may act with regard to certain matters brought before
them and the subject matter jurisdiction or authority of local agencies,
the specific provision contained herein shall be deemed to have superseded
the provision of the Town Law with which it is in conflict, and the
provision herein shall control. All provisions of the Town Law not
so specifically superseded shall be deemed to be in effect and shall
control as if the same had been incorporated herein.
[Added 1-16-1997 by L.L. No. 3-1997;
amended 3-21-2019 by L.L. No. 13-2019]
Temporary uses of land which are regulated as "special events" under Chapter 151 ("Special Event Permits") of this Code shall not constitute land uses subject to the provisions of this chapter.
[Amended 7-21-2016 by L.L. No. 32-2016]
Notwithstanding any other provision of this Code to the contrary, no person shall erect, construct, create or permit to come into being on any property in any district, dwelling units, as the same are defined herein, at a density of more than six units per acre of land. In computing the area of any lot to determine compliance with this section, the definition of lot area contained in § 255-1-20 shall be adhered to. Further, with regard to multiple residences (apartments) sought to be created pursuant to Chapter 193 of this Code, compliance with this section shall be determined by comparing the number of residences or apartments proposed with the lot area of that part of the plat on which the units are actually to be sited, excluding all other plat acreage, such as open space, reserved areas, roads, recreational facilities and the like. This section shall not apply to transient motels, conversions of preexisting motels or to affordable housing developments which meet all the requirements of, and are approved pursuant to, all applicable provisions of this chapter. Failure to comply with these provisions shall constitute a violation of this chapter subject to the provisions of Article X hereof.
[Added 10-6-2006 by L.L. No. 27-2006; amended 7-3-2014 by L.L. No. 21-2014]
The following provisions are intended to control and regulate
exterior lighting throughout the Town to promote public safety on
the Town's roads and highways, protect landowners from the intrusive
effects of glare and light trespass, preserve the rural character
of the Town, and maintain and restore the beauty of the night sky.
Excessive, unshielded, and poorly directed exterior lighting has many
adverse effects. It detracts from the rural qualities of East Hampton
and makes the Town appear increasingly suburban and overdeveloped.
Glare associated with such lighting is dangerous for drivers and pedestrians
on the Town's roads at night. Furthermore, such lighting interferes
with the privacy of residents, wastes energy resources, and creates
skyglow, which makes the night sky less visible and diminishes the
natural nocturnal environment for flora and fauna. The regulations
set forth in this part take proper account of the legitimate uses
of exterior lighting, while providing guidance and direction for landowners
and businesses.
[Added 10-6-2006 by L.L. No. 27-2006; amended 7-3-2014 by L.L. No. 21-2014]
All exterior lighting shall comply with the regulations set
forth in this local law.[1]
[1]
Editor's Note: "This local law" refers to L.L. No. 21-2014,
adopted 7-3-2014.
[Added 10-6-2006 by L.L. No. 27-2006; amended 7-3-2014 by L.L. No. 21-2014]
The following shall apply to all exterior lighting within the
Town:
A.
Exterior lighting shall be designed, installed, and maintained to
minimize glare.
C.
No light source, as defined in § 255-1-20, shall be visible beyond the boundary of the property on which the light source is located, including from a body of water or roadway. House lights, as defined in § 255-1-20, temporary lighting, as defined in § 255-1-20, and landscape lighting, as defined in § 255-1-20, shall be exempt from this provision. All lighting not specifically exempted herein shall be fully shielded.
D.
Prohibited lighting. The following types of lighting are prohibited:
(1)
Uplighting, except as specifically permitted herein;
(2)
Searchlights, including those that are transportable, except
those used for governmental or emergency purposes;
(3)
Strobe lights, laser lights or revolving lighting, including
those that are transportable;
(4)
Neon lights, except lawfully preexisting neon signs;
(5)
Blinking, pulsating, tracing, or flashing lights, unless otherwise
permitted herein, including those that are transportable;
(6)
Utility-pole-mounted lights, as defined herein, unless the pole
is existing and is not located within the street right-of-way;
(7)
String lighting or lighting which is used to outline a building,
structure or window;
[Amended 2-7-2019 by L.L.
No. 6-2019]
(8)
Any light fixture that may be construed as or confused with
a traffic signal or traffic control device; and
(9)
Any light source with a color temperature greater than 3,000
Kelvin (K).
[Added 10-19-2015 by L.L.
No. 35-2015]
E.
Prohibited light fixtures. The types of light fixtures depicted in
Appendix L2 to this chapter[2] are prohibited unless otherwise specifically exempted
herein (e.g., house lights).
[2]
Editor's Note: Appendix L2 is included as an attachment to this chapter.
F.
Exceptions. The following types of lighting are exempt from the foregoing
provisions:
(2)
Lighting which the Town Board has expressly allowed in connection
with a special event for which a special event permit has been issued;
[Amended 3-21-2019 by L.L. No. 13-2019]
(3)
Flag uplighting, provided any such flag is not used for advertising
purposes, and has a fixture as close to the pole as possible and has
a light source that emits a narrow beam of light. The light source
must be recessed within a fixture with an opaque shield so that, as
designed and installed, the light fixture projects all its light above
the horizontal plane and is aimed directly at the flag. The light
source must not be visible across the property line;
(4)
U.S. Coast Guard approved maritime navigational lighting, and
all temporary emergency lighting needed by fire, ambulance, or police
departments, or other emergency services;
(5)
Municipal streetlighting;
(6)
All essential lighting for emergency facilities;
(7)
Airport lighting that is specifically regulated by federal law;
G.
Nonresidential lighting procedures. All other nonresidential uses
shall comply with the following standards and regulations:
(1)
General requirements. All nonresidential exterior lighting shall be governed by the specific standards and requirements for lighting which are set forth in § 255-1-83A through F hereof. String lighting which is not compliant with the provisions of § 255-1-83A through F may only be used on nonresidential property if it is exempt pursuant to § 255-1-83F(1) or (2).
[Amended 2-7-2019 by L.L.
No. 6-2019; 7-7-2022 by L.L. No. 20-2022]
(2)
Replacement of existing lighting fixtures in place does not require any Town approval if the replacement conforms to § 255-1-83A and C and is not otherwise prohibited.
(3)
Procedure; adding new lighting. An administrative approval from the Planning Department pursuant to § 255-1-84 shall be required for the installation of any additional light fixtures if those light fixtures are being installed in conjunction with alterations to an existing site which do not exceed the threshold set forth in § 255-6-30B. Additional lighting to be located on Town-owned sites is required to receive approval by this method. Public schools, county, state and federal buildings are encouraged to comply with this procedure for all lighting.
(4)
All noncompliant lighting shall be replaced with compliant lighting
by one of the following methods:
(b)
Adding additional fixtures: Obtaining site plan approval from the Planning Board or an administrative permit, as described in § 255-1-84 below, shall be completed within three years after the adoption date of this local law.
(c)
Phased plan.
[1]
Submission and approval by the Planning Board or
through administrative permit process of a lighting plan within two
years after the adoption date of this local law; and
[2]
The replacement of noncompliant lighting and the
installation of any additional compliant lighting shall be completed
pursuant the approved lighting plan within two years from the date
of the lighting plan approval.
[Added 10-6-2006 by L.L. No. 27-2006; amended 7-3-2014 by L.L. No. 21-2014]
A.
Administrative permit. The Planning Department of the Town of East Hampton shall have the power to process and review applications and to approve, conditionally approve, modify or deny such permits for new lighting on a nonresidential site that is proposed to be installed in which site plan approval is not required pursuant to § 255-6-30B. String lighting on nonresidential property which does not comply with the General lighting standards set forth in § 255-1-83 of the Town Code may not be approved pursuant to this section and are prohibited unless exempt pursuant to § 255-1-83F(1) or (2).
[Amended 2-7-2019 by L.L.
No. 6-2019; 7-7-2022 by L.L. No. 20-2022]
B.
Jurisdiction. Except as provided for herein, the Planning Department shall exercise sole jurisdiction over administrative lighting permits and the review of applications received by the Town for the same. Such authority shall be exercised by the Department for and on behalf of the Planning Board, and except as otherwise specified herein, the determinations of the Planning Department with regard to administrative lighting permit applications, which it processes and decides under this section, shall have the same force and effect as if such applications had been reviewed and acted upon by the Planning Board. All applications must comply with the § 255-6-61 herein and the Town of East Hampton Planning Board Guidelines for Lighting. Grant of any such administrative permit shall constitute an action as defined in the Environmental Conservation Law and in the regulations promulgated by the State Department of Environmental Conservation under that law.
C.
Informal procedures. Unless specifically provided otherwise herein, review of applications for administrative lighting permits conducted by the Planning Department shall not include Architectural Review Board approval, involve the holding of formal public hearings, the taking of sworn or unsworn testimony, the making of transcripts or the keeping of minutes or other formal records of proceedings. The issuance or conditional issuance of an administrative lighting permit authorized herein by the Planning Department shall not require the making of formal findings or determinations by the Planning Department or by any other Town department or agency, except as may be required by the Environmental Conservation Law or Chapter 75 of the Town Code.
D.
Receipt of applications. All applications for administrative lighting
permits shall be accepted for the Town by the Planning Department.
An application pursuant to this section must include the following:
(1)
Elevation drawing(s) depicting the proposed light fixture;
(2)
A drawing that is drawn to scale and depicts the location of
the existing and proposed fixtures in relation to the property lines;
and
(3)
Lighting-manufacturer-supplied product information sheets that
include photographs of the fixture, "fully shielded" indication, and
photometric data for the fixture, type of light source and initial
lumen output.
E.
Initial staff review. The Planning Department shall review every
application for completeness. Within 10 days after receipt of the
application by the Town, the Planning Department shall issue a notice
of complete application as specified below or a request to the applicant
for additional information. Applications that are submitted with a
"thirty-day insurance company letter" shall be processed first.
F.
Further staff review. The Department shall collect and compile all information necessary for an informed and thorough review of the application, shall conduct a site inspection and shall formulate its analysis and recommendations regarding proper disposition of the application. The Planning Department shall make a decision either to issue an administrative lighting permit or to refer the matter to the Planning Board for public hearing and decision because one or more of the conditions listed in § 255-6-30B are determined to exist. If for any such reason it is determined that a particular application cannot be further processed administratively by the Planning Department, the Planning Board shall be so informed by the Department, and the Board shall process the application in accordance with site plan procedures.
G.
Final administrative processing. If all conditions listed in § 255-6-30B are found not to exist, an administrative lighting permit may be prepared by the Department. This permit shall be mailed by the Planning Department with a cover letter informing the applicant that, unless a written request for modification of the draft permit or an objection to one or more conditions of the draft permit is made to the Planning Department within 10 days, the final permit will issue as originally drafted. Any objection or modification request so submitted shall be considered by the Planning Department, which may elect to modify the final permit accordingly. If such a modification is made, the final permit issued by the Planning Department shall reflect the modification; otherwise, it shall be identical to the originally issued draft. Final approval by the Planning Department of the installation is required and is contingent upon an inspection verifying that the installation is in compliance with the permit.
H.
Appeals; hearing de novo. An applicant may appeal the denial of an
administrative permit application by the Planning Department or the
imposition in any permit issued by the Department of one or more particular
conditions. Any such appeal shall be deemed, procedurally and for
all other purposes, an entirely new application to the Planning Board
for a nonadministrative lighting permit, and the Planning Board shall
hear and decide the matter on that basis. The Board may make use of
documents and materials already submitted by the applicant or produced
by the Planning Department. No new fee shall be charged an applicant
for the further processing of the application.
(Reserved)
[Added 6-14-2001 by L.L. No. 11-2001; amended 7-21-2016 by L.L. No.
32-2016]
It shall be a violation of this chapter, subject to the provisions of Article X hereof, to create or maintain any condition that causes, permits, allows, facilitates or contributes to a detriment to adjoining properties, including, without limitation, public and private roads, caused by erosion, flooding or diversion of surface or other water.
The provisions and regulations set forth in
this article shall apply to all lands in all districts unless otherwise
limited by specific language therein to the contrary.
