This chapter is adopted for the purpose of promoting
the health, safety, morals and the general welfare of the community
and in furtherance of the following related and more specific objectives:
A.
To guide and regulate the orderly growth, development
and redevelopment of the municipality in accordance with a comprehensive
plan and with the more general long-range objectives, principles and
standards expressed in the municipality's Master Plan which are deemed
beneficial to the interests and welfare of the people.
B.
To protect the established character and the social
and economic well-being of both private and public property.
C.
To promote, in the public interest, the utilization
of land for the purposes for which it is most appropriate.
D.
To promote, in the public interest, the preservation
of prime agricultural lands and natural areas.
E.
To secure the maximum recharge of the municipality's
fresh groundwater reservoir to assure both the maintenance of the
natural environment and the ecosystems essential to its continued
well-being and the optimum groundwater resource for the human community
through the protection of such features of the watershed areas as
the woodlands, streams, ponds and lakes and to so regulate the ultimate
land use and consequent fresh water consumption that the potential
demand for fresh water shall not exceed the reasonably determined
safe yield of that fresh groundwater reservoir.
F.
To protect and promote the fisheries and the resort
industries of the municipality by preserving a healthful biological
and chemical balance in the adjacent ocean, bays, estuaries and all
tributary watercourses and drainage lines.
G.
To secure safety from fire, panic, flood, storm and
other dangers; to provide adequate light, air and convenience of access;
and to prevent environmental pollution.
H.
To prevent overcrowding of land or buildings and to
avoid undue concentration of population.
I.
To conserve the value of buildings and to enhance
the value of land throughout the municipality.
J.
To provide housing sites for residents of the community
compatible with their economic means.
K.
To lessen and, where possible, to prevent traffic
congestion on public streets and highways.
L.
To eliminate nonconforming uses gradually.
M.
To conserve and reasonably to protect the natural
scenic beauty and cultural and historic resources of the municipality
and its environs.
[1]
Editor's Note: Former Subsection 1-10 of this
ordinance, which stated the long and short titles of this ordinance,
was deleted 1-29-1982 by L.L. No. 1-1982.
A.
Word usage.
(1)
Unless the context clearly indicates the contrary,
words used in the present tense include the future; the singular number
includes the plural, and the plural the singular.
(2)
The word "person" includes a profit or nonprofit corporation,
company, partnership or individual.
(3)
The word "shall" is mandatory and not directory; the
word "may" is permissive.
(4)
The word "lot" includes the word "plot" and the word
"land."
(5)
The word "structure" includes the word "building."
(6)
The words "this chapter" refer to this comprehensive
amendment in total of the previous Zoning Ordinance of the Incorporated
Village of Southampton, unless the context indicates otherwise.
(7)
The word "use" refers to any purpose for which a lot
or land or part thereof is arranged, intended or designed to be used,
occupied, maintained, made available or offered for use, and to any
purpose for which a building or structure or part thereof is arranged,
intended or designed to be used, occupied, maintained, made available
or offered for use, or erected, reconstructed, altered, enlarged,
moved or rebuilt with the intention or design of using the same.
(8)
The word "used" refers to the actual fact that a lot
or land, building or structure or part thereof is being occupied for
a particular use.
B.
ACCESSORY APARTMENT
ACCESSORY USE, BUILDING OR STRUCTURE
ACTION (Personal wireless service facility)
AGRICULTURE
ALTERATION
ANIMAL HUSBANDRY
ANTENNA
ANTENNA EQUIPMENT
ANTENNA FACILITY
APPLICANT (Personal wireless service facility)
APPLICATION (Personal wireless service facility)
AUTHORIZATION (Personal wireless service facility)
AUTOMOBILE LAUNDRY
BASEMENT
BASE STATION
(1)
(2)
(3)
BERM
BOATYARD
BUILDING
BUILDING, AREA OF
BUILDING INSPECTOR
CAMPING GROUND
CARRIER
CELLAR
CLUB, BEACH
CLUB, MEMBERSHIP OR COUNTRY, GOLF COURSE, NONPROFIT
CLUB, YACHT
CONCEALMENT (Personal wireless service facility)
CONVENTIONAL BEDROOM
COURT
COURT, DEPTH OF
COURT, HEIGHT OF
COURT, INNER
COURT, OUTER
COURT, WIDTH OF
CUSTOM WORK, SHOP FOR
DELOYMENT
DWELLING
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY DETACHED
DWELLING, TWO-FAMILY DETACHED
DWELLING UNIT
EQUIPMENT CABINET/EQUIPMENT SHELTER
EXCAVATION
EXISTING (Personal wireless service facility)
EXPORTATION
FACILITY
FALL ZONE
FAMILY
FEDERAL COMMUNICATIONS COMMISSION (FCC)
FENCE
FILL
FILLING STATION
FOOD PANTRY
GARAGE, PRIVATE
GARAGE, REPAIR
GREENSPACE
HEIGHT (Personal wireless service facility)
HEIGHT OF STRUCTURE OR BUILDING
HOME FURNISHINGS SHOWROOM
(1)
(2)
HOME OCCUPATION
HOME PROFESSIONAL OFFICE
HOTEL OR MOTEL, TRANSIENT
HOUSE TRAILER
IMPORTATION
JUNK-SCRAP YARD
LICENSED HEALTH-CARE PROFESSIONAL
LIVESTOCK
LOT
LOT, AREA OF
LOT, CORNER
LOT COVERAGE
LOT, FLAGPOLE
LOT, INTERIOR
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, WIDTH OF
MACRO WIRELESS FACILITY
MARINA
MEDICAL ARTS BUILDING
MICROCELL
MOBILE HOME
MOBILE HOME PARK
MONOPOLE
NONCONFORMING BUILDING OR STRUCTURE
NONCONFORMING LOT
NONCONFORMING USE
NONNUISANCE INDUSTRY
NURSERY SCHOOL
OCEAN BEACH
OFFICE FOR A LICENSED HEALTH-CARE PROFESSIONAL
OUTDOOR DINING
OWNER
PERMITTED USE
PERSONAL WIRELESS SERVICE FACILITY (PWSF)
PERSONAL WIRELESS SERVICES
PICKLEBALL COURT/PADEL BALL COURT
PLAYING COURT
PROHIBITED USE
RADIO FREQUENCY RADIATION
RESEARCH INSTITUTE OR LABORATORY
RESTAURANT
RETAINING WALL
SHORT MOUNTS
SITE
SITING
SITING APPLICATION
SITING AUTHORITY
SMALL WIRELESS FACILITY
(1)
(a)
(b)
(c)
(2)
(3)
(4)
(5)
(6)
SPECIAL EXCEPTION USE
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURE
STRUCTURE (Personal wireless service facility)
SUBSTANTIAL CHANGE (Personal wireless service facility)
(1)
(a)
(2)
(3)
(4)
(5)
(6)
SWIMMING POOL
TENNIS COURT
TIDAL FLOODPLAIN
TIDAL WETLAND
TIERING
TOWER
(1)
(2)
(3)
TRANSMISSION EQUIPMENT
UNLICENSED WIRELESS SERVICES
VARIANCE
WALL
WIRELESS FACILITY
YARD, FRONT
YARD, REAR
YARD, SIDE
Words defined. As used in this chapter, the following
terms shall have the meanings indicated:
A self-contained dwelling unit which is subordinate to a
permitted principal one-family residence use in terms of size, location
and appearance, and is located within the principal structure.
[Added 6-15-2021 by L.L. No. 2-2021]
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure. The term "accessory building" may include a private
garage, garden shed, playhouse, swimming pool and a small private
greenhouse not exceeding 500 square feet in area. The term "accessory
building" shall not include any building used for sleeping purposes
or containing cooking facilities except for farm employees living
on a farm owned or leased by their employer.[1]
[Amended 3-11-1977 by L.L. No. 1-1977]
A siting authority's grant of a siting application or issuance
of a written decision denying a siting application.
[Added 1-23-2024 by L.L.
No. 3-2024]
The cultivation of the soil for food products and other useful
or valuable growths of the field, including field crops, fruits, vegetables,
trees, shrubs, plants and flowers, and including agricultural greenhouses.
The normal preparation of such products for market shall be considered
an accessory use, provided that it is not a separate and distinct
business. The term "agriculture" shall not include animal husbandry.
(See the definition of "animal husbandry." The term "agriculture"
shall not include the keeping, raising or harboring of livestock (see
the definition of "livestock") for personal use, personal consumption
or other accessory purpose.
[Added 9-13-2001 by L.L. No. 9-2001]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another. The term "alter" in its
various modes and tenses and its participial form refers to the making
of an alteration.
The raising of livestock (see the definition of "livestock")
or fur-bearing animals as a retail or wholesale business.
[Amended 9-13-2001 by L.L. No. 9-2001]
An apparatus designed for the purpose of emitting radio frequency
(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.
[Added 1-23-2024 by L.L.
No. 3-2024]
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 1-23-2024 by L.L.
No. 3-2024]
An antenna and associated antenna equipment.
[Added 1-23-2024 by L.L.
No. 3-2024]
A person or entity that submits a siting application and
the agents, employees, and contractors of such person or entity.
[Added 1-23-2024 by L.L.
No. 3-2024]
A written submission to a siting authority requesting authorization
for the deployment of a personal wireless service facility at a specified
location.
[Added 31-23-2024 by L.L.
No. 3-2024]
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 1-23-2024 by L.L.
No. 3-2024]
A structure or building designed for the washing, waxing,
simonizing or similar treatment of automotive vehicles as its principal
function.
A story partly underground but having less than half of its
clear height below finished grade. A basement shall be counted as
a story in determining building height.
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 Subsections 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 aboveground 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 1-23-2024 by L.L.
No. 3-2024]
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 section 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.
A structure consisting primarily of earth or earthen or similar
materials intended for security, enclosure or screening purposes.
A facility for servicing all types of watercraft as well
as providing supplies, provisions, storage and fueling facilities,
and with facilities for the retail sales of boats, motors and marine
equipment.
A structure with a roof supported by columns or walls and
having a horizontal area of more than 50 square feet and intended
for the shelter, housing or enclosure of persons, animals or chattels.
The area computed at the maximum horizontal cross section
of the main and accessory buildings on a lot, including the area of
all roofed porches, terraces and similar features.
The official Building Inspector of the municipality or any
person duly appointed or designated to act as such Inspector.
A facility designed for recreational camping in tents, automotive
camper units or trailers and house trailers, providing community sanitary
facilities and other necessary services.
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 1-23-2024 by L.L.
No. 3-2024]
A story partly underground and having 1/2 or more of its
clear height below finished grade. A cellar shall not be counted as
a story in determining the building height.
A not-for-profit corporation, as defined in § 102
of the Not-For-Profit Corporation Law of the State of New York, located
contiguous to an ocean beach and established for the principal purpose
of engaging in ocean bathing but excluding any form of aviation, motorboat
racing or water skiing on inland waterways or similar hazardous sports.
Three-fourths of such "beach club's" membership shall either own property
improved with a dwelling in the Town of Southampton or within a fifteen-mile
radius of such "beach club" or be a lessee of such residential property
for a period of not less than 30 days during which time said membership
shall be effective. The activities of such a "beach club" on its off-beach
site shall be limited to its members and their guests and shall not
be extended to the general public.
A not-for-profit corporation, as defined in § 102
of the Not-For-Profit Corporation Law of the State of New York, not
located contiguous to an ocean beach and established for the principal
purpose of engaging in outdoor sports such as golf, tennis, pickleball,
padel ball, swimming, fishing or similar activities but not including
any form of aviation, outdoor track, skeet or target shooting or boating.
The activities of such a club shall be limited to its members and
their guests and shall not be extended to the general public.
[Amended 3-14-2024 by L.L. No. 12-2024]
A not-for-profit corporation, as defined by § 102
of the Not-For-Profit Corporation Law of the State of New York, established
for the principal purpose of engaging in recreational boating. The
activities of such a yacht club shall be limited to its members and
their guests and shall not be extended to the general public. The
term "yacht club" shall be deemed to include the term "marina" but
shall not be deemed to include the term "boatyard," except for the
out-of-water storage of member boats.
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 Village are faux dormers, faux facades,
parapets, steeples, faux chimneys and unipoles/monopoles with canisters.
[Added 1-23-2024 by L.L.
No. 3-2024]
A room designed as a bedroom. Rooms having other purposes,
such as dens, living rooms or hallways, are not to be interpreted
as "conventional bedrooms."
An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by such building or buildings. An offset to a "court"
shall be deemed a separate "court" for the purpose of determining
its required dimensions.
The maximum horizontal dimension at right angles to the width.
The greatest vertical distance measured from the lowest level
of such court up to the roof of the building.
Any court which is not an outer court.
A court extending to a street line or other property line
or opening upon any front, side or rear yard.
The horizontal dimension parallel to the principal open side
in the case of an outer court, and the least horizontal dimension
in the case of an inner court.
A business premises used for the making of clothing, millinery,
shoes or other personal articles to individual order and measure,
for sale at retail on the premises only, and not including the manufacture
of ready-to-wear or standardized products.
The placement, construction, or modification of a personal
wireless service facility.
[Added 1-23-2024 by L.L.
No. 3-2024]
A building designed exclusively for residential purposes
and arranged or intended to be occupied by one or more families living
independently of each other.
A building or portion thereof containing more than two dwelling
units but not more than 16 dwelling units, and further provided that
no dwelling unit shall be below the first story or above the second
story.
A dwelling containing one dwelling unit for the occupancy
of one family and its domestic servants.
A dwelling containing two dwelling units for the occupancy
of two families and their domestic servants.
One or more rooms with provisions for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
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 1-23-2024 by L.L.
No. 3-2024]
The extraction, removal or stripping of material from the
ground or the breaking of the surface soil in order to facilitate
or accomplish the removal, extraction or stripping of fill.
[Added 5-21-2024 by L.L. No. 20-2024]
A constructed tower or base station is existing for purposes
of this chapter 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 1-23-2024 by L.L.
No. 3-2024]
The act of causing fill as defined herein to be removed from
a parcel of real property located within the Village and transported
to another parcel of real property located outside of the Village.
[Added 5-21-2024 by L.L. No. 20-2024]
See "personal wireless service facility."
[Added 1-23-2024 by L.L.
No. 3-2024]
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 1-23-2024 by L.L.
No. 3-2024]
One or more persons occupying a single, nonprofit dwelling
unit; provided, however, that not more than five persons unrelated
by blood, marriage or legal adoption, nor more than two persons for
each conventional bedroom, shall be considered a "family"; and further
provided that persons occupying group quarters, such as a dormitory,
fraternity or sorority house or a seminary, shall not be considered
a "family," nor shall a group of persons unrelated by blood, marriage
or adoption whose association or relationship is temporary or seasonal
in nature rather than of a permanent and distinct domestic character
be considered a "family."
An independent federal agency charged with licensing and
regulating wireless communications at the national level.
[Added 1-23-2024 by L.L.
No. 3-2024]
A structure bounding an area of land designed to either limit
access to the area or screen such area from view, or both.
Topsoil, loam, earth, sand and/or gravel or any similar material.
[Added 5-21-2024 by L.L. No. 20-2024]
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A "filling station" may include accessory
facilities for rendering service for motor vehicles, such as lubrication,
washing and minor repairs.
A building that is occupied and operated by a not-for-profit
entity to render charitable support to needy individuals and families
residing within the local community, including the provision of groceries
and other essential goods and services, and also including the related
office and ancillary functions of the organization operating the food
pantry.
[Added 2-8-2022 by L.L. No. 4-2022]
A 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 building, other than a private garage, used for adjustment,
painting, replacement of parts or other repair of motor vehicles or
parts thereof, whether or not accessory or incidental to another use.
Any pervious land in its natural condition and/or covered
with grass, shrubs, trees or other vegetation. Greenspace shall include
sand, beach, dunes, tidal lands, ponds, lakes and wetland areas. Greenspace
can also include a driveway constructed using green pavers which allow
for the growth of vegetation. It does not include any impervious surfaces
such as buildings, decks, porches, driveways, parking areas, patios,
pools, playing courts, asphalt or highly compacted gravel.
[Added 4-23-2024 by L.L. No. 13-2024]
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 1-23-2024 by L.L.
No. 3-2024]
The vertical distance measured from the average elevation
of the finished grade along the side of the structure fronting on
the nearest street to the highest point of the highest roof or, in
the case of a structure, to the highest point.
[Added 5-24-2022 by L.L. No. 10-2022]
A building or portion thereof containing at least 3,500 square
feet in interior space, exclusive of office and storage, primarily
dedicated to the indoor display of home furnishing samples, including
but not limited to furniture, cabinetry, home appliances, light fixtures,
carpet and/or rugs, flooring, tile, plumbing fixtures, countertops,
window treatments, home decor, or similar items available for order
at wholesale and/or retail and typically available for delivery to
the consumer off-premises.
A home furnishings showroom may include customary and incidental accessory retail sales on the premises, as well as accessory office, and storage uses on site which are excluded from the 3,500 square feet minimum. Uses otherwise classified as home furnishings showrooms less than 3,500 square feet shall be considered to be "retail" for the purposes of this chapter, unless the Board of Appeals has granted a variance of the special exception criterion for size listed in § 116-23B(29)(a) pursuant to § 116-27. A home furnishings showroom may operate in connection with "31. Office and shop for a plumber, electrician or home improvement contractor,"[2] where permitted, and duly authorized by the ZBA pursuant to § 116-22, General standards, for special exception uses. For uses devoted to building materials, such as lumber and other building products, refer to Chapter 116, Attachment 4, Business Districts - Table of Use Regulations, for "29. Wholesale business, including lumber and other building products for retail and wholesale."
Any gainful occupation customarily conducted within a dwelling
by the residents thereof that is clearly secondary to the residential
use and that does not change the character of the structure as a residence.
Said activity shall not occupy more than 1/3 of the ground floor area
of the dwelling or its equivalent elsewhere in the dwelling if so
used, and further provided that there shall be no external evidence
other than an announcement sign and that no mechanical or electrical
equipment is used except customary household equipment. However, "home
occupations" shall not be construed to include such uses as the following:
clinic or hospital, barbershop or beauty parlor, restaurant, breeding
kennel or antique dealer.
The office or studio of a resident physician, surgeon, dentist
or other person licensed by the State of New York to practice a healing
art, lawyer, architect, artist, engineer, real estate broker or salesman,
insurance broker or agent, or teacher as herein restricted; provided
that not more than two persons are employed who are not members of
the family, that no employee shall be of the same profession as the
resident and that such office shall be in the main building and shall
not occupy more than the equivalent of 1/3 of the floor area of one
floor of said building. For the purposes of this definition, a "teacher"
shall be restricted to a person giving individual instruction in academic
or scientific subjects to a single pupil at one time. A "home professional
office" shall not include the office of any person professionally
engaged in the purchase or sale of economic goods. Dancing instruction,
band instrument or piano or voice instruction, tearooms, tourist homes,
beauty parlors, barbershops, hairdressing and manicuring establishments,
convalescent homes, mortuary establishments, and stores, trades or
businesses of any kind not herein excepted shall not be deemed to
be "home professional offices." The "home professional office" of
a physician shall not include a biological or other medical testing
laboratory.
A building or group of buildings, whether detached or in
connected units, containing individual guest units consisting of a
room arranged or designed to be available for use as sleeping quarters
for transients on a daily rental basis, provided that one such unit
may connect directly with no more than one other such unit and that
no cooking facilities shall be available. Each such unit shall have
a door opening on the exterior of the building or on a common hallway
leading to the exterior. A "transient hotel or motel" may include
such accessory uses as an office, restaurant, accessory personal services,
swimming pool and off-street parking facilities. The term "transient
hotel or motel" shall not be construed to include mobile home park,
nor shall it be deemed to include any dwelling units except that of
the owner or manager.
A movable one-family dwelling originally equipped with or
having a vehicular chassis but lacking one or more of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration. See "mobile home."
The act of causing fill as defined herein to be brought to
a parcel of real property located within the Village which originated
from another parcel of real property located either inside or outside
of the Village.
[Added 5-21-2024 by L.L. No. 20-2024]
Any land or structure or part thereof exceeding 300 square
feet in area, used for collecting, storage or sale of wastepaper,
rags, scrap metal or other scrap or discarded materials, or for the
collecting, dismantling, storage or salvage of machinery or vehicles
not in running condition, or for the sale of the parts thereof.
A person licensed by the State of New York to practice in
the health-care field as a physician, chiropractor, dentist, veterinarian,
physical therapist, podiatrist or optometrist and their licensed assistants.
[Added 3-9-1989 by L.L. No. 6-1990]
Includes horses, cattle, sheep, goats, hogs, swine, chickens,
turkeys, ducks, geese, other poultry and similar creatures.
[Added 9-13-2001 by L.L. No. 9-2001]
A parcel of land occupied or capable of being occupied by
one or more principal buildings and accessory buildings or uses in
accordance with the provisions of this chapter, including such open
spaces as are required by this chapter.
The total horizontal area of a lot exclusive of land in the
bed of any street or right-of-way or waterway.
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.
A lot abutting upon a curved street shall also be considered a "corner
lot" if the tangents to the curve at the points of intersection of
the side lot lines intersect at an interior angle of less than 135°.
The portion of the lot area covered by the area of a building
or buildings or a structure or structures.
[Amended 5-24-1988 by L.L No. 2-1988]
A lot shaped like a pole with a fully extended flag at the
upper portion thereof, the bottom of the pole being at the street
line, the pole portion of the lot being designed for use as access
to the flag portion of the lot where the principal structure is or
will be constructed (sometimes called a "dog-leg lot").
[Amended 4-11-1980 by L.L. No. 1-1980; 11-23-1993 by L.L. No.
6-1993; 6-12-2003 by L.L. No. 4-2003]
A lot other than a corner lot.
The street right-of-way line at the front of a lot.
[Amended 6-12-2003 by L.L. No. 4-2003]
The lot line opposite the front lot line. In the case of
a corner lot, the "rear lot line" may be elected by the owner.
Any lot line not a rear lot line nor a front lot line shall
be deemed a "side lot line."
The dimension measured from side lot line to side lot line
along a line parallel to the front lot line, which parallel line runs
through the point where the wall of the principal structure is or
will be nearest the front lot line, which parallel line shall be at
not less than the required front yard depth.
Antenna, support structures or base stations which are larger
than the parameters set for small wireless facilities defined in this
chapter.
[Added 1-23-2024 by L.L.
No. 3-2024]
A facility for the berthing and fueling of all types of recreational
watercraft. The term "marina" shall not be deemed to include the term
"boatyard" or to include out-of-water storage, restaurant or repair
facilities, fishing stations or similar activities.
A building housing offices, operating rooms and laboratories
for use by licensed health-care professionals.
[Added 6-20-1989 by L.L. No. 7-1989]
Any personal wireless service facility that is designed to
provide service for a radius of 0.5 mile or less.
[Added 1-23-2024 by L.L.
No. 3-2024]
A movable one-family dwelling originally equipped with or
having a vehicular chassis and provided with all of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration. See "house trailer."
A residential land use designed for the location of two or
more mobile homes in designated mobile home spaces and including appurtenant
facilities and accessory services for residents only.
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 1-23-2024 by L.L.
No. 3-2024]
A building or structure lawfully existing at the effective
date of this chapter or any amendment thereto affecting such building
or structure, which does not conform to the dimensional regulations
of this chapter for the district in which it is situated, irrespective
of the use to which such a building or structure is put.
Any lot lawfully existing in single and separate ownership
at the effective date of this chapter, or any amendment thereto affecting
such lot, which does not conform to the dimensional regulations of
this chapter for the district in which it is situated. If such lot
shall thereafter be in the same ownership as an adjoining parcel,
it shall lose its status as a "nonconforming lot," except to the extent
that the lot created by the merger of the two parcels shall remain
nonconforming in the same respect.
Any use of a building, structure, lot or land or part thereof
lawfully existing at the effective date of this chapter or any amendment
thereto affecting such use, which does not conform to the use regulations
of this chapter for the district in which it is situated. A temporary
authorization of a permit for a prohibited use granted by the Board
of Appeals prior to the adoption of this chapter shall not be construed
to establish a nonconforming use as herein defined and therefore any
such authorization and its related use shall terminate upon the expiration
thereof.
Any industry which is not detrimental to the environment
in which it is located by reason of emission of smoke, noise, odor,
dust, vibration or excessive light beyond the limits of its lot, or
by reason of generating excessive traffic with attendant hazards;
which does not require domestic or process water in excess of 40 gallons
per employee or discharge any effluent into the ground that does not
meet Suffolk County Health Department standards designed to protect
against contamination or pollution; and which does not include outdoor
processing of materials or open accessory storage yard unless completely
enclosed by a solid wall or fence not less than six feet in height.
A building or structure, together with its lot and its accessory
uses, buildings and structures, used as an organized instructional
facility for five or more enrolled children other than the children
of the resident family, but not provided with customary commercial
public recreation facilities such as Ferris wheels or roller coasters
and not furnishing sleeping quarters except for the resident family.
The beach area lying between the mean high-water level and
the southern edge of the natural grass on the dunes.
An office for the practice of his or her profession by a
licensed health-care professional but shall not include a laboratory.
[Added 3-9-1990 by L.L. No. 6-1990]
An open-air eating area accessory to an existing restaurant
not situated within the building containing the restaurant.
[Added 4-20-1999 by L.L. No. 2-1999]
A natural personal who is an owner in fee simple or of a
life estate of at least an individual fifty-percent interest in the
premises as recorded in the office of the Suffolk County Clerk. An
incorporated entity may be considered an eligible owner upon proof
of at least one natural person owning a majority interest in the corporation.
[Added 6-15-2021 by L.L. No. 2-2021]
A specific main use of a building, structure, lot or land
or part thereof which this chapter provides for in a particular district
as a matter of right. Any use which is not listed as a permitted,
special exception or accessory use shall be considered a prohibited
use.
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 1-23-2024 by L.L.
No. 3-2024]
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 1-23-2024 by L.L.
No. 3-2024]
A structure wholly or partially outdoors consisting of a
playing area of whatever composition used to engage in the game of
pickleball and/or padel ball. A backstop, if constructed, consisting
of netting, fencing or similar material and designed to prevent the
passage of play balls shall be part of any pickleball or padel ball
court.
[Added 3-14-2024 by L.L. No. 12-2024]
A structure, or part thereof, which is designed or used for
playing sports and consists of a playing surface of 375 square feet
or more. All associated netting, fencing, backstops and other improvements
shall be considered part of the playing court. Tennis courts, basketball
courts, handball courts, racquetball courts, volleyball courts, ice
rinks, pickleball courts, padel ball courts and other similar facilities
shall be deemed included in this definition. A basketball "court"
located on a driveway is not a "playing court" for purposes of this
Code.
[Added 3-14-2024 by L.L. No. 12-2024]
A use of a building, structure, lot or land or part thereof
which is not listed as a permitted, special exception or accessory
use.
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 1-23-2024 by L.L.
No. 3-2024]
A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of new products, and uses accessory thereto. With respect to the
application of this chapter, such research institute or laboratory
shall meet the standards of a nonnuisance industry.
A use in a building having as its principal purpose the preparation
and serving of food for consumption on the premises within furnished
dining areas. A restaurant may include as a permitted accessory use
the serving of alcoholic beverages with meals. A restaurant may also
include as a special exception accessory use an accessory tavern or
bar area for the serving of alcoholic beverages, provided that such
accessory use shall be clearly subordinate and accessory to the principal
restaurant use. A restaurant may also include as a special exception
accessory use the brewing of beer for consumption on the premises,
provided that such accessory use shall be clearly subordinate and
accessory to the principal restaurant use. It is the intent of the
foregoing that an accessory tavern or bar area shall be a special
exception accessory use to a restaurant under this chapter (provided
that such accessory use is clearly subordinate and accessory to the
restaurant use) and that the brewing of beer for consumption on the
premises shall be a special exception accessory use to a restaurant
under this chapter (provided that such accessory use is clearly subordinate
and accessory to the restaurant use). A restaurant shall not include
any form of live entertainment. The term "restaurant" shall not be
construed to include any form of drive-in, open-front or curb-service
eating establishments or any form of nightclub or similar entertainment
establishment.[3]
[Amended 4-25-2017 by L.L. No. 3-2017]
A wall for holding a mass of earth in place, and constructed
to resist the lateral pressure of soil, when there is a desired change
in ground elevation that exceeds the angle of repose of the soil.
[Added 8-11-2022 by L.L. No. 11-2022]
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 1-23-2024 by L.L.
No. 3-2024]
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 1-23-2024 by L.L.
No. 3-2024]
The method and form of placement of personal wireless service
facilities on a specific area of a subject property.
[Added 1-23-2024 by L.L.
No. 3-2024]
See "application (personal wireless service facility)."
[Added 1-23-2024 by L.L.
No. 3-2024]
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 1-23-2024 by L.L.
No. 3-2024]
Facilities that meet each of the following conditions:
[Added 1-23-2024 by L.L.
No. 3-2024]
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); and
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
47 CFR 1.1307(b).
A use in one or more districts for which the Board of Appeals may grant a permit pursuant to the provisions of Article IV of this chapter.
That portion of a building between the surface of any floor
and the surface of the floor next above it; if there be no floor above
it, then the space between the floor and the ceiling next above it.
A basement shall be counted as a "story" but a cellar shall not be
counted as a "story."
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story
and having a ceiling height of at least seven feet over not more than
1/2 the total floor area.
[Amended 4-23-2024 by L.L. No. 13-2024]
Any federal, state, county or municipal highway or road,
or any street shown upon a subdivision plat filed in the County Clerk's
office, and any private road, providing access to subdivided land,
approved by the Planning Board or existing prior to the adoption of
this chapter.
The dividing line between a lot and a street right-of-way.
Anything constructed or erected on or under the ground or
upon another structure or building, excluding driveways constructed
at a natural grade.
[Amended 3-9-1990 by L.L. No. 7-1990]
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 1-23-2024 by L.L.
No. 3-2024]
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
[Added 1-23-2024 by L.L.
No. 3-2024]
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 six 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.
An artificial pool of water having a depth at any point of
more than 18 inches and a surface area of greater than 100 square
feet, designed or intended for the purpose of bathing or swimming
and including all appurtenant equipment.
A structure whole or partially outdoors consisting of a playing
area of whatever composition used to engage in the game of tennis.
A backstop, if constructed, consisting of netting, fencing or similar
material and designed to prevent the passage of tennis balls shall
be part of a tennis court. For the purposes of this Code, a playing
court with lines suitable for playing pickleball shall be deemed a
pickleball court.
[Added 3-14-2024 by L.L. No. 12-2024]
The upland area along the shore of the Atlantic Ocean and
the various bays in the Town of Southampton where flooding is anticipated
during a standard project design hurricane, including wind setup and
wave run-up factors, as set forth in this chapter and approximately
as determined by the Corps of Engineers in its Interim Hurricane Study,
Atlantic Coast of Long Island, N.Y., Jones Inlet to Montauk Point
(Remaining Areas), dated December 1965.
All those areas within the Village of Southampton customarily
inundated regularly or intermittently by normal tidal cycles and/or
peak lunar tides, including salt marshes, which shall be presumed
to be those areas upon which some, but not necessarily all, of the
following grow or are capable of growing: salt hay (Spartina patens),
spike-grass (Distichlis spicata), black grass (Juncus gerardi), cordgrass
(Spartina alterniflora), saltwort (Salicornia sp.), sea lavender (Limonium
carolinanus), salt-marsh bulrushes (Scripus sp.), sand spurry (Spergularia
marina), high-tide bush (Baccharis halimifolia), marsh elder (Iva
frutescens), cattails (Typhas sp.) and spike rush (Eleocharis rostellata).
A way of placing personal wireless service facility applications
in one of three categories: Tier One, Tier Two (a) or (b), and Tier
Three.
[Added 1-23-2024 by L.L.
No. 3-2024]
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 unipoles, flag poles) or nonconcealed such as:
[Added 1-23-2024 by L.L.
No. 3-2024]
LATTICEA vertical, multilegged, 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.
MONOPOLEA 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.
GUYEDA type of tower consisting of metal cross strips or bars, which is steadied by wire guys in a radial pattern around the tower.
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 1-23-2024 by L.L.
No. 3-2024]
Commercial mobile services that operate on frequencies that
§ 1. require no FCC license.
[Added 1-23-2024 by L.L.
No. 3-2024]
A modification of the regulations of this chapter granted on grounds of practical difficulties or unnecessary hardship, pursuant to the provisions of § 116-27 of this chapter.
A structure of wood, stone or other materials or combination
thereof intended for defense, security, screening or enclosure or
for the retention of earth, stone, fill or other materials as in the
case of retaining walls or bulkheads.
Any structure, equipment, installation, device, wires, cables
and appurtenance, either individually or collectively, including permanent
or temporary movable facilities (i.e., wireless facilities mounted
on mobile structures) used for the provision of any wireless service.
[Added 2-23-2016 by L.L.
No. 1-2016]
An open, unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the principal building
and the front lot line of the lot and extending from side lot line
to side lot line in the case of interior lots. Corner lots shall have
two such "front yards" situated between the said nearest roofed portion
of the principal building and the front lot line along each street.
A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the rear lot line of the lot and extending from side lot line
to side lot line.
A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the side lot line of the lot and extending through from the front
yard, or from the front lot line where no front yard exists, to the
rear yard, or to the rear lot line where no rear yard exists.
