Village of Southampton, NY Article II District Provisions

§ 116-3 Classes of districts.

[Amended 1-23-2024 by L.L. No. 5-2024]

A. The Village of Southampton is hereby divided into classes of zoning districts as hereinafter set forth and as designated in the Zoning Map which may be found in the Appendix.[1]

[1] Editor's Note: The Zoning Map is included as an attachment to this chapter.

B. All personal wireless service facilities shall be allowed in all land use districts on the Zoning Map of the Town of Southampton Zoning Code, provided that such personal wireless service facilities comply with the standards of this chapter and the permits under which personal wireless service facilities are regulated.

§ 116-4 Residence districts.

A. General. Within any residence district, a building, structure, lot or land shall be used only for one of the uses indicated in Subsection C below for the specific district in which it is located on the Zoning Map and in accordance with the particular classification of that use in that district. Further, any such building, structure, lot or land shall only be utilized in conformance with the provisions of Subsection D below. In addition, such uses shall also comply with all other applicable provisions of this chapter.

B. Notwithstanding any provision of this chapter to the contrary, within any one-family residence district (R-80 Residence District, R-60 Residence District, R-40 Residence District, R-20 Residence District, R-12.5 Residence District, R-7.5 Residence District), a lot shall not be occupied by more than one one-family detached dwelling.

[Added 9-12-1980 by L.L. No. 5-1980]

C. This subsection containing the Table of Use Regulations for Residence Districts may be found in the Appendix.[1]

[1] Editor's Note: Tables and charts are included as attachments to this chapter.

D. This subsection containing the Table of Dimensional Regulations for Residence Districts may be found in the Appendix.[2]

[2] Editor's Note: Tables and charts are included as attachments to this chapter.

§ 116-5 Business districts.

A. General. Within any business district, a building, structure, lot or land shall be used only for such uses as are indicated in Subsection D below for the specific district in which it is located on the Zoning Map and in accordance with the particular classification of that use in that district. Further, any such building, structure, lot or land shall only be utilized in conformance with the provisions of Subsection E below. In addition, such uses shall also comply with all other applicable provisions of this chapter.

[Amended 3-11-1977 by L.L. No. 1-1977]

B. The maximum number of uses permitted in a building or buildings or upon a lot or land within any business district shall be limited as follows:

[Added 3-11-1977 by L.L. No. 1-1977]

(1) VB District: no use shall have less than 800 square feet of floor area, nor a width of less than 15 feet.

[Amended 10-8-1982 by L.L. No. 6-1982]

(2) HB district: one use for every 10,000 square feet of lot area, except that the minimum number of square feet of lot area required per dwelling unit for a dwelling use which lawfully existed at the effective date of this amendment shall be 20,000 square feet.

(3) OD District and HRO District: one use for every 3,000 square feet of lot area, except that the minimum number of square feet of lot area required per dwelling unit for a dwelling use shall be as specified in Subsection E below for the applicable district (OD District or HRO District) and such minimum shall apply to a dwelling use which lawfully existed at the effective date of this amendment.

[Amended 1-24-2006 by L.L. No. 2-2006[1]]

[1] Editor's Note: This local law also provided that in the case of a site plan approval granted by the Planning Board prior to July 8, 2005, application for a building permit with respect thereto, and the construction authorized by such building permit, would be exempt from the provisions of this local law, provided that the application for a building permit was diligently prosecuted.

(4) MTL District: one use for every 40,000 square feet of lot area.

C. In applying the provisions of Subsection B above, each enterprise using a lot, land, building or buildings shall be considered a separate use. For example, each tenant using a lot, land, building or buildings shall be considered a separate use, and each tenant occupying an office building shall be considered a separate use.

[Added 3-11-1977 by L.L. No. 1-1977]

D. This subsection containing the Table of Use Regulations for Business Districts may be found in the Appendix. In addition to the uses listed in the Table of Use Regulations for Business Districts, the special permit uses listed in Subsection F and Subsection G below shall constitute listed uses (listed as special permit uses) in the VB District.[2]

[Amended 7-9-2009 by L.L. No. 3-2009; 5-21-2013 by L.L. No. 4-2013]

[2] Editor's Note: Tables and charts are included at the end of this chapter.

E. This subsection containing the Table of Dimensional Regulations for Business Districts may be found in the Appendix.[3]

[3] Editor's Note: Tables and charts are included at the end of this chapter.

F. Special permit uses for workforce housing development in the VB District.

[Added 7-9-2009 by L.L. No. 2-2009]

(1) As used herein, the term "special permit use" means a use for which a special permit may be granted by the Board of Trustees. In determining whether to grant or deny special permit use approval, the Board of Trustees may consider all matters related to public health, safety and welfare. Incident to granting special permit use approval, the Board of Trustees may impose reasonable conditions.

(2) As used herein, the term "workforce housing" means a use which provides dwelling units for occupancy by individuals and families at or below 130% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the federal Department of Housing and Urban Development. Occupancy of such dwelling units shall be limited to income-eligible individuals and families who occupy such units as their primary residence pursuant to written leases for a period of not less than one year. Workforce housing is not intended to provide dwelling units for occupancy on a seasonal or transient basis.

(3) As used herein, the term "resort hotel" means a use which provides guest units for occupancy by tourists and vacationers on a seasonal or transient basis. Each guest unit may contain cooking and sleeping facilities. Guest units may be rented to tourists and vacationers on a daily, weekly, monthly or seasonal rental basis (including a periodic term similar to any of the foregoing periods). A resort hotel is not intended to provide guest units for occupancy as the primary residence of the occupants.

(4) The provisions of this Subsection F are enacted in order to encourage the private sector to develop workforce housing by providing the opportunity for a mixed-use development which includes guest units for resort hotel use and dwelling units for workforce housing use. In other words, in order to provide guest units for resort hotel use, the development must also provide dwelling units for workforce housing use. As used herein, the term "workforce housing/resort hotel mixed-use development" means a mixed use which provides both uses (workforce housing use and resort hotel use). A workforce housing/resort hotel mixed-use development shall constitute a special permit use in the VB District, subject to the following limitation: Such mixed use shall be limited to property which constitutes a corner lot having street frontage on the north side of Hill Street and on the east side of Vahradian Way.

(5) The provisions of this Subsection F are not intended to mandate that, in order to provide dwelling units for workforce housing use, the development must also provide guest units for resort hotel use. It is intended that property which is eligible for workforce housing/resort hotel mixed-use development should be eligible for development for workforce housing use without providing resort hotel use. As used herein, the term "workforce housing development" means a use which provides workforce housing. A workforce housing development shall constitute a special permit use in the VB District, subject to the following limitation: Such use shall be limited to property which constitutes a corner lot having street frontage on the north side of Hill Street and on the east side of Vahradian Way.

(6) In determining whether to grant or deny special permit use approval for the development, the Board of Trustees shall consider the number of dwelling units to be provided for workforce housing use, the number of guest units to be provided for resort hotel use, the public benefit resulting from such provision for workforce housing, and all other relevant factors.

(7) The development shall include provisions for proper sewage disposal and water supply facilities in conformance with requirements of the Suffolk County Department of Health Services.

(8) This Subsection F does not expressly establish a maximum density regulation (such as a minimum lot area per dwelling unit requirement for the workforce housing use and a minimum lot area per guest unit requirement for the resort hotel use) for the development. The maximum density for the development is regulated by the requirements of the Suffolk County Department of Health Services referred to in Subsection F(7) above. The allowed density for the development (the allowed number of dwelling units for the workforce housing use and the allowed number of guest units for the resort hotel use) shall be determined by the Board of Trustees incident to determining an application for special permit use approval. In making such determination, the Board of Trustees shall consider the factors set forth in Subsection F(6) and (7) above.

(9) Each dwelling unit to be provided for workforce housing use shall contain at least 400 square feet of floor area. Each guest unit to be provided for resort hotel use shall contain at least 400 square feet of floor area.

(10) The development shall provide at least one off-street parking space for each dwelling unit to be provided for workforce housing use and at least one off-street parking space for each guest unit to be provided for resort hotel use. The development shall include adequate provision for off-street parking as determined by the Board of Trustees incident to determining an application for special permit use approval. In making such determination, the Board of Trustees shall consider the number of spaces required by the minimum requirements hereinbefore set forth, the size of dwelling units to be provided for workforce housing use, the size of guest units to be provided for resort hotel use, the number of spaces required by the provisions of § 116-14 for any other use to be provided on the site, the availability of on-street parking along Vahradian Way, and all other relevant factors.

(11) The Board of Trustees may impose reasonable conditions incident to granting special permit use approval. Such conditions may include conditions designed to assure compliance with the income eligibility requirements for occupancy of workforce housing units. Such conditions may include conditions establishing eligibility priorities for occupancy of workforce housing units, such as conditions providing priority for persons who are employed in the Village of Southampton or persons who are active volunteer members of the Village Fire Department or Village Ambulance Department.

G. Special permit use for transient hotel or motel in the VB District.

[Added 5-21-2013 by L.L. No. 4-2013]

(1) As used herein, the term "special permit use" means a use for which a special permit may be granted by the Board of Trustees. In determining whether to grant or deny special permit use approval, the Board of Trustees may consider all matters related to public health, safety and welfare. Incident to granting special permit use approval, the Board of Trustees may impose reasonable conditions.

(2) A transient hotel or motel shall constitute a special permit use in the VB District, subject to the following limitation: such use shall be limited to property located outside of a designated historic district under Chapter 65 of the Village Code.

(3) The special conditions and safeguards set forth in § 116-23B(14), applicable to a transient hotel or motel special exception use, shall also be applicable to a transient hotel or motel special permit use. Special permit use approval for a transient hotel or motel shall not be granted by the Board of Trustees unless the Board of Trustees finds that the proposed special permit use meets such special conditions and safeguards.

(4) In determining whether to grant or deny special permit use approval for a transient hotel or motel, the Board of Trustees shall also consider the general standards applicable to special exception uses set forth in § 116-22.

§ 116-6 Industrial districts.

A. General. Within any industrial district, a building, structure, lot or land shall be used only for such uses as are indicated in Subsection C below for the specific district in which it is located on the Zoning Map and in accordance with the particular classification of that use in that district. Further, any such building, structure, lot or land shall only be utilized in conformance with the provisions of Subsection D below. In addition, such use shall also comply with all other applicable provisions of this chapter.

[Amended 3-11-1977 by L.L. No. 1-1977]

B. The maximum number of uses permitted in a building or buildings or upon a lot or land within any industrial district shall be limited as follows:

[Added 3-11-1977 by L.L. No. 1-1977]

(1) LI District: one use for every 10,000 square feet of lot area, except that the minimum number of square feet of lot area required per dwelling unit for a dwelling use which lawfully existed at the effective date of this amendment shall be 20,000 square feet. Each enterprise using a lot, land, building or buildings shall be considered a separate use.

C. This subsection containing the Table of Use Regulations for Industrial Districts may be found in the Appendix.[1]

[1] Editor's Note: Tables and charts are included at the end of this chapter.

D. This subsection containing the Table of Dimensional Regulations for Industrial Districts may be found in the Appendix.[2]

[2] Editor's Note: Tables and charts are included at the end of this chapter.

§ 116-6.1 Multifamily Planned Residential Development District (MFPRD).

[Added 4-24-1990 by L.L. No. 9-1990]

A. It is the specific purpose and intent of the MFPRD District to provide the opportunity within the Village of Southampton for the development on a planned basis of medium-density multifamily housing on sites located in or proximate to existing single-family neighborhoods and in reasonable proximity to shopping services and other community facilities and with access to major roads. To help assure the achievement of this goal, with proper protection for existing neighborhood development, the MFPRD District shall be established on a floating-zone basis, subject to approval by the Village Board of Trustees in each case and in accordance with an approved preliminary development concept plan as described and defined herein.

B. Application procedure. The procedure for planning and zoning approval of any future proposed multifamily development in an MFPRD District shall involve a two-stage review process as follows:

(1) The reclassification of a specific parcel or parcels of land for development in accordance with approval of a preliminary development concept plan by the Village Board of Trustees; and

(2) Approval of a final, detailed site plan, as well as a subdivision plat, if appropriate, by the Planning Board.

C. Application to the Village Board of Trustees for zoning approval.

(1) Application for the establishment of MFPRD Districts may be made by a property owner or by the Village Board of Trustees on its own motion, which may include the consent, in writing, of the property owner or owners affected and which shall be introduced at a regularly scheduled meeting of said Board. Said application shall include said preliminary development concept prepared by said Board or prepared by said consenting property owner or owners. Said preliminary development concept shall include those items set forth in Subsection C(2) hereof, except that no application fee shall be required if said application is prepared by said Board.

(2) Where request for establishment of an MFPRD District is made by the property owner or owners, application for such establishment shall be submitted to the Village Board of Trustees, in 15 copies, by the property owner or owners at a regularly scheduled meeting of said Board. The application shall include at least the following items of information:

(a) The names and addresses of the property owner or applicant, if other than the owner, and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.

(b) Where the applicant is not the owner of the property, written authorization from the owner for the submission of the application.

(c) A written statement describing the nature of the proposed project; how it is designed to serve the purposes of this section, including its consistency with the Village Master Plan; an analysis of the site's relationship to immediately adjoining properties and the surrounding neighborhood; the availability and adequacy of community facilities and utilities to serve it; the safety and capacity of the street system in the area in relation to the anticipated traffic generation; and such other information as may be required by law or determined necessary by the Village Board of Trustees or Planning Board to properly enable them to review and decide upon the application.

(d) A written statement of the proposed method of ownership and maintenance of all common utilities, facilities and open space lands with the proposed development.

(e) A preliminary development concept plan for the proposed project, drawn to a convenient scale and including the following items of information:

[1] The area of the property in both acres and square feet.

[2] A map indicating existing terrain conditions, including topography, with a vertical contour interval of no more than two feet, identification of soil types, including wetlands, existing drainage features; major rock outcroppings; the extent of existing wooded areas; and other significant vegetation, existing stone walls, etc.

[3] A site location sketch indicating the location of the property with respect to neighboring streets and properties, including the names of all owners of property within 500 feet thereof. This should also show the existing zoning of the property and the location of all zoning district boundaries in the surrounding neighborhood.

[4] A preliminary site development plan indicating the approximate location, height and design of all buildings; the arrangement of parking areas and access drives; and the general nature and location of other proposed site improvements, including recreational facilities, landscaping and screening, the storm drainage system, water and sewer connections, etc.

[5] A generalized time schedule for the staging and completion of the proposed project.

[6] An application fee in the amount of $15 for each proposed dwelling unit.

D. Referral to Planning Board. Upon receipt of a properly completed application for establishment of a new MFPRD District, as provided in Subsection C hereof, eight copies of such application shall be referred by the Village Board of Trustees to the Planning Board for review and report. Within 30 days of the date of the Planning Board meeting at which such referral is received, the Planning Board shall report its recommendation back to the Village Board of Trustees. No action shall be taken by the Village Board of Trustees until receipt of the Planning Board report or the expiration of the Planning Board review period, whichever comes first. Said review period may be extended by mutual consent of the Planning Board and the applicant.

E. Planning Board report. The Planning Board, in its report to the Village Board of Trustees, may recommend either approval of the proposed application for the establishment of the MFPRD District, with or without modifications, or disapproval. In the event of a recommendation for disapproval, the Planning Board shall state in its report the reasons therefor. In preparing its report and recommendation, the Planning Board shall take into consideration the recommendations of the Village Master Plan, the existing nature and arrangement of land uses in the area, the relationship of the proposed design and location of buildings on the site, traffic circulation both on and off the site, the adequacy of available community facilities and utilities to service the proposed development, compliance with the standards and requirements of this chapter, the then-current need for such housing and such other factors as may be appropriately related to the purpose and intent of this section and the Town Code.

F. Village Board of Trustees public hearing. Within 45 days of the date of Village Board of Trustees receipt of the Planning Board's report and recommendation or the expiration of the Planning Board review period, whichever occurs first, the Village Board of Trustees shall schedule and hold a public hearing on the MFPRD District zoning application with the same notice as prescribed by law for zoning amendments.

G. Village Board of Trustees action.

(1) Within 30 days of the date of the close of the public hearing, the Village Board of Trustees shall act either to approve, approve with modifications or disapprove the preliminary development concept plan and the establishment of the MFPRD District. Approval or approval with modifications is required for and shall be deemed to authorize the detailed design of the proposed development in accordance with such concept plan and the subsequent procedures and requirements of this section. A copy of the resolution containing the Village Board of Trustees' decision shall be forwarded to the Planning Board and to the property owner or owners affected. A copy shall also be placed on file in the office of the Village Board of Trustees and, if in the form of an approval, the official copy of the Village Zoning Map shall be amended accordingly.

(2) Approval of the establishment of any MFPRD District shall expire within 12 months of the date of the Village Board of Trustees' approval if the applicant has not applied for and received site development plan approval and final subdivision plat approval, if appropriate, for at least the first section of the planned development from the Planning Board in accordance with the subsequent requirements of this chapter and unless work on the site is begun within 18 months of the Village Board of Trustees' approval and is being prosecuted to conclusion with reasonable diligence. The Village Board of Trustees, upon request of the applicant, may extend both of the above time periods for two additional periods of not more than six months each. In the event of expiration of approval, the MFPRD District shall revert to its prior zoning classification. The Village Clerk shall amend the official copy of the Zoning Map accordingly.

H. Site plan approval by the Planning Board.

(1) No earthwork, land clearing, construction or development shall take place on any property within an MFPRD District except in accordance with a site plan approved by the Planning Board in accordance with this section and with the procedures and standards for site plan approval as set forth in § 116-38 of this chapter.

(2) Where a proposed multifamily development also involves the subdivision or resubdivision of land, no development may proceed until the Planning Board has also granted final subdivision approval in accordance with the standards and procedures of Chapter 97, Subdivision of Land, of this Code.

(3) Site plan review by the Planning Board may, upon express authorization of the Village Board of Trustees, be conducted by the Planning Board simultaneously with its consideration of the preliminary development concept plan; provided, however, that no final action may be taken on any such detailed site plan by said Planning Board until the Village Board of Trustees has approved, with or without modification, the preliminary development concept plan as provided in Subsection G hereof.

I. Development standards. Development within MFPRD Districts shall be governed by the provisions of this subsection.

(1) Location. The establishment of MFPRD Districts shall be permitted in any residence district except the R-40, R-80 and the R-120 Zones and shall be permitted in the OD District without the necessity of a special exception use approved by the Board of Appeals, provided that such district shall conform with all of the standards of this section, and further provided that such district shall be located within 1/2 mile of a VB District.

[Amended 9-24-2024 by L.L. No. 30-2024]

(2) Minimum site size. The minimum site size required for the establishment of an MFPRD District shall be 120,000 square feet, but, in any case, the site shall be of such shape, dimension, topography and location as will allow for an appropriate and attractive development with proper setbacks, screening and a harmonious relationship with adjoining land uses and the natural physical terrain.

(3) Ownership. A proposed MFPRD District site may be owned by one or more persons or corporations but shall be presented as a single parcel of land at the time application for rezoning is made. The application shall be jointly filed by all owners and, if approved, shall be jointly binding on them. If required by the Planning Board, this shall be confirmed by written agreement, in recordable form satisfactory to the Village Attorney.

(4) Density. The permitted density within an MFPRD District shall be calculated based upon six units for each full 40,000 square feet of lot area for multifamily dwellings, any fraction of such area over 40,000 square feet not entitling said district to any further full or fractional units, and R-12.5 District for single-family dwellings.

(5) Coverage. The maximum permitted building coverage within an MFPRD District shall be 20% in residential zones and 30% in the OD District.

[Amended 9-24-2024 by L.L. No. 30-2024]

(6) Traffic access. Properties within an MFPRD District shall have either direct frontage on a highway, collector street or local street A, as shown on the Village Master Plan, or safe and convenient access to such a road without passing through a one-family residential neighborhood.

(7) Utilities and services.

(a) Water and sewer service. It is intended that MFPRD Districts be established on lands which are served by public water. Where public water is not present, establishment of an MFPRD District shall be contingent upon provision of said service. All necessary approvals shall be obtained from the Suffolk County Department of Health Services for sewage disposal and water supply.

(b) Drainage. Stormwater drainage systems serving any multifamily development shall be designed so that the rate of runoff from the site during a one-hundred-year storm will not exceed that which would have occurred prior to its construction. The calculation of such runoff rate and the design of the drainage system shall be subject to the approval of the Village Engineer.

(c) Refuse storage and collection. Plans for the storage and collection of refuse within any multifamily development shall be subject to Planning Board approval. The outside storage of refuse, if permitted, shall be in rodentproof containers conveniently located and enclosed or otherwise screened from view. Such facilities shall comply with all setback requirements applicable to principal buildings.

(d) Underground utilities. All utilities within any multifamily development, including electric, telephone and cable television service, shall be placed underground.

(e) Fire protection. The site plans for multifamily development shall provide proper access for fire-fighting equipment and personnel and shall provide hydrants in such number and location and with such water pressure as may be determined adequate and approved by the Planning Board based upon the recommendations of the Village Engineer and the Fire Department having jurisdiction.

(8) Recreation and open space.

(a) Recreation area. Except as provided below, each multifamily development shall include a recreation area which is designed, improved and maintained for the exclusive use of the residents of such development and their nonpaying guests. The recreation area shall contain at least 50 square feet of lot area per dwelling unit. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units. Where the Planning Board determines that a suitable recreation area of adequate size cannot be properly located in any such development or is otherwise not practical, the Board may require as a condition of approval of any such site plan a payment to the Village of a sum which shall constitute a trust fund to be used by the Village exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. Such sum shall be determined in accordance with the provisions of § 97-35 of this Code.

(b) Private outdoor space. Each individual multifamily dwelling unit shall, if practicable, be provided with a private outdoor space in the form of a patio, terrace, garden, courtyard, deck or balcony, which space shall be immediately adjoining and directly accessible to the dwelling unit which it serves. Each multifamily dwelling unit shall also, if practicable, be allowed one garage, attached or detached, to accommodate not more than two vehicles, and any such detached garage shall be subject to the provisions of § 116-9 of this chapter concerning accessory buildings, except that the area of no such detached garage unit shall exceed 520 square feet, and further provided that combined garage space may be constructed if appropriate for more than one unit, and subject to Planning Board approval, provided that the total area of all garages does not exceed the product of 520 square feet times the total number of garages provided.

(c) Other open spaces. All portions of any multifamily development which are not used for one or more of the purposes permitted above shall be designed and maintained as permanent open space, either to be landscaped or preserved in its natural state, all in accordance with plans approved by the Planning Board.

(9) Off-street parking. The development shall meet the parking requirements provided in § 116-14 of the Village Code pertaining to multiple dwellings or single-family dwellings, as the case may be.

(10) Minimum floor area. The development shall meet the minimum floor area requirements provided in § 116-17 of the Village Code, but in no case shall the first floor of any such unit have an area of less than 800 square feet.

(11) Covenants and restrictions. The Village Board of Trustees shall have the right to require that the applicant or owner execute such agreements and covenants as it may deem to be required. Said agreements or covenants shall be recorded in the County Clerk's office and shall constitute a covenant running with the land. Such covenant or agreement may be modified or released only as set forth in said covenant or agreement or by the Village Board of Trustees.

(12) Architectural review. All construction shall be subject to the review of the Board of Architectural Review and Historic Preservation pursuant to Article VI of this chapter.

(13) Other requirements:

(a) Individual unit access. In general, each individual dwelling unit within any multifamily development shall have its own separate entrance/exit leading directly to the outside. The Planning Board may waive this requirement as a part of site plan approval where said Board determines that the basic intent of this requirement in terms of safety and the avoidance of common hallway areas can be met through other elements of the building design.

(b) Cablevision. Cable television service shall be provided in accordance with plans approved by the Planning Board. Exterior antennas for individual multifamily buildings or dwelling units shall not be permitted.

§ 116-7 Tidal Wetland and Ocean Beach Overlay District.

A. Purpose. The tidal wetlands and the ocean beach of the Southampton community are a unique and relatively scarce geographic environment that makes possible an ecological system necessary to propagate the finfish and shellfish essential as a source of food and as a basis for the economic vitality of the fishery industry and recreational fishing; further, it provides the natural habitat for migratory waterfowl along the eastern seaboard's international flyway and it is fundamental to the scenic character and recreational potential that supports both the tourist and recreational economies as well as the year-round resident's enjoyment of his home community. Therefore, the municipality enacts these provisions as a matter of public policy, recognizing the extremely insecure status of these valuable natural resources, particularly in a time of rapid technological progress and urbanization, their limited suitability for development and the interest of all its people in these geographic areas, especially as established in the Dongan Patent and in other subsequent public acts, particularly with regard to the municipal title to all such lands below the high-water mark, and designates those specific areas as the Tidal Wetlands and Ocean Beach Overlay District and sets forth the following regulations which shall apply to said overlay district in addition to those in the standard districts as set forth in §§ 116-4, 116-5 and 116-6, as well as in other provisions of this chapter, to assure the conservation of these natural resources and their ecological systems for the enjoyment of all people of the community and to provide appropriate guidance for growth development as well as to promote the health, safety and the general welfare of the community.

B. With reference to the tidal wetlands.[1]

(1) No building other than a governmental facility shall be constructed or maintained on or in a public tidal wetland.

(2) No structure or floating facility, including regular or permanent moorings, shall be constructed or maintained or used for living quarters on or in a public tidal wetland, except as a permitted accessory use to an adjoining onshore parcel of land or lot, a governmental facility or other facility only when found necessary to protect the natural environment from excessive erosion, silting or an imbalance in the ecological system of the tidal wetlands, after approval by the appropriate public agencies and the Trustees of the Freeholders of the Commonalty of the Town of Southampton; and except for fishing structures and duck blinds established in areas approved by the Trustees of the Freeholders of the Commonalty of the Town of Southampton.

(3) Where a private landowner presents to the municipality a claim to the title of lands within a tidal wetland area, he shall consent to municipal inspection of such lands so that such tests and investigations as may be considered appropriate by the municipality may be made. The municipality shall establish whether or not such title is satisfactory within 120 days of receipt of such claim. Where such title is determined to be satisfactory, such a private landowner may fill not more than 5% of the required minimum lot area in the applicable upland district in which such property is located for a building site, and further provided that the location of such fill shall have been approved by the Trustees of the Freeholders of the Commonalty of the Town of Southampton as that which will have the least impact on the ecological system of the tidal wetlands, and also provided that it shall have the approval of all other public agencies having jurisdiction. The provisions of this subsection shall not be construed as to permit the filling of the tidal wetland portions of private property which expressly is prohibited. The provisions of this subsection regulate the filling of the upland portions of said private property, which may be permitted, subject to the provisions contained herein and in other applicable laws, rules and regulations.

[Amended 10-17-1989 by L.L. No. 13-1989]

(4) Channel construction in the tidal wetlands shall be limited to only such channels as are necessary to provide minimum boat access to contiguous upland areas, and then only if no suitable substitute structure can be used for such access that would have a lesser impact on the ecological system of the tidal wetlands as established by the Trustees of the Freeholders of the Commonalty of the Town of Southampton. No such facility shall be designed or used for any purpose incompatible with standard district regulations applicable to the adjoining onshore land.

(5) Bulkheads shall be prohibited in all tidal wetlands except when found necessary to protect the natural environment from excessive erosion, silting or an imbalance in the ecological system of the tidal wetlands, after approval by the appropriate public agencies and the Trustees of the Freeholders of the Commonalty of the Town of Southampton.

[1] Editor's Note: For other regulations governing construction in wetland and beach areas, see Ch. 37, Beach Erosion and Protection, and Ch. 72, Lagoons, Boat Basins and Canals.

C. With reference to the ocean beach.[2]

(1) No building or structure or floating facility shall be maintained or used on the public ocean beach except when found necessary and approved by the appropriate public agencies in order to protect the natural environment from excessive erosion or silting or for another public purpose.

(2) Where a private landowner establishes proof of a valid title to lands on the ocean beach satisfactory to the municipality, such land shall not be subject to excavation, regrading or any disturbance of the natural crest of the dune except in accordance with a beach protection policy or protective works program approved by the municipality and the minimum disturbance necessary to construct permitted structures set forth in § 116-8D below.

(3) A private landowner shall not construct any building or structure on the ocean beach, except that one access walkway may be constructed over the crest of the dune, provided that it be established at an elevation of at least two feet above the undisturbed natural crest where grasses exist or directly on the grade without any space between where no grasses exist.

[2] Editor's Note: As to construction on beaches generally, see Ch. 37, Beach Erosion and Protection. For additional regulations concerning the use of Ocean Beach, see Ch. 80, Park and Beach Regulations, Art. I.

§ 116-8 Tidal Floodplain Overlay District. [1]

[Amended 5-11-1973; 4-15-1977 by L.L. No. 5-1977; 12-10-1982 by L.L. No. 7-1982; 6-10-1983 by L.L. No. 5-1983; 8-12-1983 by L.L. No. 9-1983; 9-11-1987 by L.L. No. 4-1987]

A. Purpose. Since the recorded history of Atlantic coastal storms and hurricanes established the fact that flooding of the ocean beach and uplands along the bays, ponds and creeks can be anticipated with consequent danger to life and health as well as property damage and other related hazards and whereas the Corps of Engineers has analyzed this recorded history and established the flood stages related to a standard project design hurricane appropriate for the planning of necessary protective measures or for minimizing the dangers, damage and related hazards in connection with the flood stages in the absence of such protective measures, the Village of Southampton hereby establishes a Tidal Floodplain Overlay District, derived by those elevations of land that approximate the standard project design hurricane, and regulations which shall apply to said overlay in addition to those regulations of the standard districts set forth in §§ 116-4, 116-5 and 116-6 of this chapter to minimize the dangers, damage and related hazards resulting from such storms and to promote the health, safety and the general welfare of the community.

B. The areas contained within the Tidal Floodplain Overlay District shall be the areas shown as Zone A7, Zone A8, Zone V7 and Zone V8 on the Flood Insurance Rate Maps prepared for the Village of Southampton, New York, by the Federal Emergency Management Agency, dated February 2, 1983, which maps are on file in the Village Clerk's office, as the same may be from time to time changed and amended. (The Tidal Floodplain Overlay District as set forth on the Zoning Map is hereby deemed to be removed therefrom.)

C. Subdivisions.

(1) Layout of subdivision lots in the Tidal Floodplain Overlay District on the barrier beach west of a line drawn at right angles to the southerly line of Meadow Lane or Beach Road extended northerly to Shinnecock Bay and southerly to the Atlantic Ocean, which line intersects the southerly line of Meadow Lane or Beach Road at a point 900 feet west of the intersection of the southerly line of Meadow Lane or Beach Road with the westerly line of Halsey Neck Lane, shall be such that each lot has its required street frontage on Meadow Lane or Beach Road.

(2) Every lot hereafter created in said district west of the aforesaid line, south of Meadow Lane or Beach Road, shall have as its southerly line the shore of the Atlantic Ocean and, if north of Meadow Lane or Beach Road, shall have as its northerly line the shore of Shinnecock Bay or any arm thereof. The east and west lines of each said lot shall be a minimum of 200 feet apart at all points and shall extend from Meadow Lane or Beach Road to the Atlantic Ocean or Shinnecock Bay or any arm thereof, as the case may be. To aid in identifying the area west of said line located 900 feet west of Halsey Neck Lane, said area shall be known as the "Bay to Ocean" portion of the Tidal Floodplain Overlay District.

D. Location of buildings and structures in the Tidal Floodplain Overlay District with reference to water frontage.

(1) On the ocean beach water frontage all buildings and structures shall be set back 100 feet shoreward from the crest of the first rank of ocean beach dunes. Because the crest of the first rank of ocean beach dunes is indefinite and difficult, if not impossible, to ascertain in the area between a line extending from Dune Road to the Atlantic Ocean located approximately 1,027 feet west of the westerly line of Road D on the east and the easterly line of Road G on the west, the crest of the first rank of ocean beach dunes between those two lines shall be deemed to be the broken lines, with courses and distances identified thereon, shown on surveys made by Dolliver Associates and identified as follows: Lots 20 through 27 (inclusive), Section B, Southampton-Quogue Beach, surveyed April 29, 1982; Lots 6 through 19 (including P), Section B, Southampton-Quogue Beach, surveyed September 22, 1981; and Lots 1, 2, 3, 4 and 5, Section B, Southampton-Quogue Beach, surveyed January 29, 1982, copies of which are on file in the Building Inspector's office.

[Amended 5-14-1999 by L.L. No. 3-1999]

(2) On all other water frontages, except as provided in § 116-7B, all buildings or structures shall be set back 25 feet upland of the edge of the tidal wetland, except that an accessory building or structure may be located within such setback if the municipal legislative body finds that it will not tend to deteriorate the ecological values of the tidal wetland.

E. In addition to the provisions of this section, all development within the Tidal Floodplain Overlay District shall also comply with the provisions of Chapter 62 of this Code.

[1] Editor's Note: As to the participation by the Village in the Federal Flood Insurance Program and the measures taken to conform to federal standards, see Ch. 61, Flood Insurance, and Ch. 62, Flood Damage Prevention.

§ 116-8.1 Arts and Culture Overlay District. [1]

[Added 4-13-2023 by L.L. No. 7-2023]

A. Purpose. The intent of the Arts and Culture Overlay District is to ensure that the zoning code is supportive of arts and cultural uses, galleries and art stores, community-oriented spaces and offices, and artist studios and residences. This district also supports the preservation of the smaller scale and locally serving mix of businesses in this core area of the Village center. The economic vitality of the area depends on the specialty or niche businesses, arts uses, and other small operations which complement one another and do not compete with large retailers found on Route 27. The district also provides for some flexibility for property owners to make sure ground-floor uses stay active and do not remain vacant.

B. Location of Arts and Culture Overlay District. This overlay district will apply to all parcels including the VB District and R-20 District. The requirements of this district shall supersede the regulations of the underlying zoning districts where such district's regulations are in conflict. All regulations of the underlying zoning district shall be in effect except as identified in the Arts and Culture Overlay District regulations. The district includes the following parcels:

(1) Parcels within the VB District that:

(a) Front on Hill Street between First Neck Lane and Windmill Lane, or are between Hill Street and Culver Street;

(b) Front on Jobs Lane between Windmill Lane and Main Street; or

(c) Are on the west side of South Main Street, south of Jobs Lane.

(2) Parcels within the R-20 District within 172 feet to the south and west of the southwest corner of Culver Street and Pond Lane.

C. Area and bulk regulations.

(1) Height regulations. No flat-roofed building or structure shall exceed two stories or have a height exceeding 30 feet. A "flat roof" is defined as "a roof pitch flatter than 7/12 (i.e., seven inches of rise for every 12 inches of run) over greater than 5% of the total roof area." A building with either residential on upper floors or arts and cultural uses (as defined in Subsection D) may not exceed 2 1/2 stories and have a maximum height of 35 feet if the roof is pitched. Half stories shall not include areas of flat roofs as defined above more than 5% of the roof area, including balconies, decks, or terraces.

(2) Permitted ground floor area. The maximum permissible square footage for any single commercial use by any single occupant, lessee, or tenant shall not exceed 6,000 square feet of gross floor area, with the following exceptions:

(a) Arts and cultural uses as defined in Subsection D;

(b) Food and beverage uses that are accessory and clearly subordinate to an arts and cultural use (not including nightclubs); and

(c) Transient hotel, motel, or resort hotel uses and their accessory uses.

D. Use regulations.

(1) Permitted uses, arts and cultural uses. Within the Arts and Culture Overlay District, the following uses are permitted in addition to those provided for in the underlying zoning:

(a) Libraries, museums, and galleries: institutions displaying or preserving objects of interest in one or more of the arts or sciences, such as a museum, or cultural center, operated by a nonprofit organization or faith-based organization, and offering services to the community.

(b) Art gallery: a space for exhibition or display of artworks which may or may not be offered for sale to the public. An art gallery shall not include a home furnishings showroom as defined § 116-2B.

(c) Performance space for music and performing arts: a building or part of a building devoted primarily to the showing of motion pictures or for dramatic, dance, musical, or other live performance, including motion-picture theater, but not a nightclub or similar entertainment establishment.

(d) Offices, studios, and shops for custom work for arts, design, crafts, music, fashion, publishing, and performing arts. This use may encompass work space for artists, artisans, or craftsmen practicing fine arts or applied arts or crafts, and may include the sale of items created on the site.

(e) Schools for art, history and/or culture, both public or private.

(2) Special exception use.

(a) "Artist live-work" space on upper floors. "Live-work" is defined as an arts-related commercial business use which includes a dwelling unit in up to 50% of the unit's space. The business owner artist lives in the residential space.

(b) The Board of Zoning Appeals shall consider whether live-work units meet the general standards in § 116-22 and all of the following special conditions and safeguards:

[1] The applicant shall demonstrate proof of artist work/livelihood.

[2] The special exception shall be renewed every five years by providing the Board of Zoning Appeals with proof of artist work/livelihood.

[3] Artist live-work units shall be compatible with residential uses and shall not produce or create noise, smoke, vibrations, glare, fumes, odors, electrical interference, or fire hazards that would unreasonably interfere with residential uses.

[4] Permitted nonresidential uses shall be limited to those uses allowed in the underlying district and permitted herein.

[5] Restroom facilities shall be provided to serve the commercial portion of the unit and shall meet all applicable requirements for public restrooms in commercial uses.

[6] A live-work unit will be subject to all applicable licenses and business taxes.

[7] No dwelling unit shall be provided on the first floor.

(3) Temporary use. The following short-term activities are allowed with the requirement of obtaining a temporary use permit from the Building Inspector. Temporary uses are required to comply with the standards of this section, in addition to all other regulations of this chapter. These regulations are for temporary uses located on private property. Temporary uses may not be subject to site plan review at the discretion of the Village Building Inspector. All temporary uses require a temporary use permit unless specifically cited as exempt or are required to obtain a license per the Municipal Code.

(a) Temporary pop-up business. Temporary use of a storefront or other commercial space for a nonresidential use, such as retail, or art galleries, but not restaurants. The time frame of a temporary pop-up business use, including overall duration of the event, will be determined and approved as part of the temporary use permit. The temporary pop-up business use will be evaluated on the basis of the adequacy of the lot size, traffic access, and the absence of undue adverse impact, including noise, on other properties. Any temporary pop-up business uses that involves retail food sales must be properly licensed by the health department. Written permission from the property owner must be submitted as part of the temporary use permit application. The review authority may require other conditions of approval deemed necessary to protect the public health, safety, and general welfare of persons residing or working in the neighborhood.

(b) Similar temporary activities. A temporary activity that the Building Inspector determines is similar to the other activities listed in this section and compatible with the applicable land use zoning district and surrounding land uses.

(c) Length of permit. The permit may be approved for up to nine months.

(d) Extension of permit. The permit may be extended by the Building Inspector if a written request for extension is submitted at least 14 days before expiration of the permit and reasonable reasons are provided by the applicant to justify the requested extension. The permit may be extended for up to an additional six months.

(e) Condition of site following completion. All temporary structures and related improvements shall be completely removed from the subject site following expiration of the temporary use permit.

E. Parking requirements. The number of minimum required off-street parking spaces for any arts and cultural uses not otherwise specified in § 116-14 shall be the same as retail store, or if otherwise determined by the Building Inspector, the requirement shall be the same as for the most similar use listed pursuant to § 116-14B(4).

[1] Editor's Note: Former § 116-8.1, Accessory Apartment Overlay District, added 11-29-1988 by L.L. No. 5-1988, was repealed 6-15-2021 by L.L. No. 2-2021.