[Amended 9-27-2021 by L.L. No. 8-2021]
The Board of Appeals is hereby authorized to act on proposed special exception uses which are specifically provided for in this chapter. Such action may include approval, conditional approval or disapproval, based on the standards set forth in this article. An application for a special exception use pertaining to a museum or food pantry may be heard by the Board of Trustees upon resolution of that Board.
[Amended 12-9-1988 by L.L No. 8-1988; 1-19-1998 by L.L. No. 1-1998; 11-9-2006; 6-23-2009; 9-27-2021 by L.L. No. 8-2021]
A. 
The Board of Appeals or Trustees shall adopt and file in the Municipal Clerk's office such rules of procedure as it may deem necessary to the proper exercise of its responsibilities with respect to special exception uses.
B. 
Prior to taking action on any special exception use, the Board of Appeals or Trustees shall hold a public hearing after public notice as provided in the case of an application to the Board of Appeals or Trustees in § 116-25 of this chapter.
C. 
All matters which are the subject of a mandatory referral or notice to other agencies as set forth in the enabling statutes and in § 116-25B(3) and C shall be transmitted to the appropriate agencies by the Secretary of the Board of Appeals or Trustees in accordance with the provisions of those subsections.
D. 
The Secretary of the Board of Appeals or such person as designated by the Board of Trustees shall keep minutes of the Board's proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Secretary shall also keep records of examinations and official actions, all of which shall be immediately filed in the office of the Board of Appeals and shall be a public record. Each decision of the Board of Appeals or Trustees with respect to the approval of a special exception use shall be so stated and documented as to provide a definitive authorization to the Building Inspector for issuing a building permit or certificate of occupancy.
E. 
A site plan for any proposed special exception use in any district where authorized shall be submitted to the Planning Board for its recommendations prior to authorization by the Board of Appeals or Trustees for the issuance of a building permit.
F. 
A special exception authorization by the Board of Appeals or Trustees for the issuance of a building permit shall expire within 90 days of such authorization in the event that such permit shall not be applied for within such ninety-day period. Extension of such authorization may be granted by the Board of Appeals or Trustees for additional ninety-day periods.
G. 
A special exception use for which a building permit is authorized by the Board of Appeals or Trustees pursuant to the provisions of this article shall be construed to be a conforming use.
H. 
Any violation of the limitations or special conditions and safeguards established by the Board of Appeals or Trustees with respect to a specific authorization for a special exception use shall be deemed a violation of this chapter, punishable under the provisions of § 116-40.
I. 
The. application fee for special exception use application shall be $750 or such other amount as the Village Board of Trustees may hereafter fix and establish from time to time by resolution.
[Amended 9-27-2021 by L.L. No. 8-2021]
For every such special exception use, the Board of Appeals or Trustees shall determine that:
A. 
Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 116-1 of this chapter.
B. 
The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
C. 
The proposed use will not prevent the orderly and reasonable use of adjacent properties, particularly where they are in a different district.
D. 
The site is particularly suitable for the location of such use in the community.
E. 
The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly.
F. 
The proposed use, particularly in the case of a nonnuisance industry, conforms with the chapter definition of the special exception use where such definition exists, or with the generally accepted definition of such use where it does not exist in this chapter.
G. 
Access facilities are adequate for the estimated traffic from public streets and sidewalks so as to assure the public safety and to avoid traffic congestion, and, further, vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection except under unusual circumstances.
H. 
All proposed curb cuts have been approved by the street or highway agency which has jurisdiction.
I. 
There are off-street parking and truck loading spaces at least in the number required by the provisions of § 116-14 of this chapter, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors; and, further, the layout of the spaces and driveways is convenient and conducive to safe operation.
J. 
Adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.
K. 
Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
L. 
No outdoor sales lot, rental equipment storage or display area will be permitted in the required front yard area of any business district, except that in the HB District such uses may be permitted in the required front yard, provided they shall be set back 50 feet from the front property lines.
M. 
The proposed use recognizes and provides for the further specific conditions and safeguards required for particular uses in § 116-23.
N. 
In any application being heard by the Board of Trustees, that Board may waive any otherwise applicable parking provision found within this Code as the Board of Trustees may deem appropriate under the circumstances.
[3-11-1977 by L.L. No. 1-1977; 5-25-1993 by L.L. No. 2-1993; 6-22-1993 by L.L. No. 3-1993; 4-20-1999 by L.L. No. 2-1999; 6-11-1999 by L.L. No. 4-1999; 4-11-2013 by L.L. No. 2-2013; 2-23-2016 by L.L. No. 1-2016; 8-20-2021 by L.L. No. 3-2021; 9-27-2021 by L.L. No. 7-2021; 2-8-2022 by L.L. No. 4-2022; 5-24-2022 by L.L. No. 10-2022; 1-23-2024 by L.L. No. 1-2024; 12-11-2025 by L.L. No. 15-2025]
A. 
No authorization for a building permit shall be granted by the Board of Appeals for any use listed in this section unless the Board shall specifically find that, in addition to meeting all the general standards set forth in § 116-22, the proposed special exception use also meets the special conditions and safeguards in this section.
B. 
List of uses.
(1) 
Automobile laundry.
(a) 
The lot area shall be not less than 40,000 square feet nor shall it have a frontage of less than 150 feet along a highway.
(b) 
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
(c) 
Storage area for vehicles waiting for service shall be provided on the site and shall not occur on a public street or highway; not more than five motor vehicles shall be stored outdoors overnight.
(d) 
An automobile laundry shall not provide services other than washing, waxing, simonizing or similar treatment.
(e) 
Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times; premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.
(f) 
Water used in the washing process shall be recycled and the overall facility shall be designed, located and operated to protect the groundwater reservoir from pollution.
(2) 
Beach club, nonprofit.
(a) 
The lot area shall be not less than two acres nor shall there be less than two lineal feet of beach frontage for each individual member.
(b) 
A beach club shall not provide dwelling units or any other residence facility except for the manager and his family.
(c) 
All intensive outdoor activities shall be so located on the property with reference to surrounding properties that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.
(d) 
Outdoor lighting shall not project light onto, nor shall light sources be visible from, neighboring properties; no outdoor light source shall be more than 10 feet above the ground level underneath it.
(e) 
There shall be no outdoor public-address or music system.
(f) 
Beach club activities shall not include a nightclub.
(g) 
Provisions shall be made for proper sanitary waste disposal and water supply facilities in conformance with the requirements of the municipality and the Suffolk County Health Department, and such facilities shall be designed to protect the groundwater reservoir from pollution, saltwater intrusion or excessive demand detrimental to the environment and neighboring properties.
(h) 
All parking of vehicles shall be provided for off the street in appropriate off-street parking areas sufficient to meet the needs of the membership and their guests.
(i) 
Signs shall be limited to one announcement sign of not over 12 square feet in area, which may either be attached to a building wall or be a ground sign as provided in § 116-13B(2).
(j) 
No food or beverage shall be served in any dining room or any part of the grounds of such club between the hours of 9:00 p.m. and the following 8:00 a.m., except on Friday, Saturday and Sunday nights and on nights preceding holidays, when the closing hour shall be 1:00 a.m., except that on Sunday nights it shall be 10:00 p.m.
(3) 
Bus passenger shelter.
(a) 
The shelter shall be located to permit ample room for the bus to conveniently leave the traveled roadway to pick up or discharge passengers.
(b) 
The design shall be harmonious with adjacent properties.
(c) 
Such structure shall have no more than one announcement sign, such sign not to exceed two square feet in area.
(4) 
Church or similar place of worship or religious instruction.
(a) 
The lot area shall be not less than two acres nor shall it have a frontage of less than 200 feet along a street or highway.
(b) 
All buildings and structures shall be at least 50 feet from any lot line, except that in no case shall any building or structure have less than the required yard in the district in which it is located.
(c) 
Lot coverage shall not exceed 20% or the maximum percentage permitted in the applicable district, whichever is less.
(d) 
Off-street parking shall not be located in any required side or front yard applicable to permitted uses in the district nor within 20 feet of any lot line in a required rear yard applicable to permitted uses in the district.
(5) 
College or university.
(a) 
The lot area shall be not less than 60 acres nor shall it have a continuous frontage of less than 400 feet along a street or highway.
(b) 
Separate places of ingress and egress shall be no less than 1,000 feet apart and no less than 200 feet from the corner formed by intersecting streets.
(c) 
Lot coverage shall not exceed 15% of the total lot area, except that grandstands not part of a stadium shall not be included within such building area limitations.
(d) 
All buildings and structures shall be at least 150 feet from any property line.
(e) 
No building or structure shall be erected to a height in excess of 4 1/2 stories or 60 feet.
(f) 
Off-street parking field areas shall be not less than 50 feet from any property line in a residence district.
(g) 
Outdoor lighting shall not project light onto, nor shall light sources be visible from, neighboring properties; within 150 feet of any property line, no outdoor light source shall be more than 10 feet above the ground level underneath it.
(h) 
There shall be no outdoor public-address or music system except for those customarily associated with a stadium, provided such stadium is located at least 500 feet from any residential property line.
(6) 
Conversion of existing one-family detached dwelling for two families.
(a) 
A conversion of an existing one-family detached dwelling for use as a two-family dwelling shall only be permitted where the lot area and floor area are double that required for each family in the applicable district and where the proposed dwelling also complies with all other applicable requirements of this chapter.
(7) 
Eating establishments: drive-in, open-front or curb-service.
(a) 
Vehicular entrances and exits shall be controlled by curbing.
(b) 
There shall be adequate off-street parking and loading space to serve the proposed use, including the parking of oversized vehicles.
(c) 
There shall be adequate provision for disposal of trash and refuse left on the premises. Service areas and such facilities as packer units shall be screened from view from any public street or adjacent property.
(8) 
Filling station.
(a) 
The lot area shall be not less than 40,000 square feet nor shall it have a frontage of less than 200 feet along a street.
(b) 
No church, school, library, playground, museum, historic building or similar place of public assembly, drainage channel, surface waters or environmental parks shall be within 500 feet of the site.
(c) 
Entrance or exit driveways shall be located at least 20 feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle's backing across any right-of-way.
(d) 
Curbs shall be constructed so as to channelize all traffic to permitted curb cuts; there shall be no more than two curb cuts on any street frontage.
(e) 
All pumps and lubricating and other devices shall be located at least 50 feet from any building, structure or street line.
(f) 
All motor vehicle parts, dismantled vehicles and similar articles shall be stored within the principal building.
(g) 
Storage area for vehicles waiting for service shall be provided on the site and shall not occur on a public street or highway; not more than eight motor vehicles shall be stored outdoors at any time between 12:01 a.m. and 6:00 a.m.
(h) 
Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times; premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles; the sale, rental or display of automobiles, trailers, mobile homes, boats or other vehicles shall be considered a separate and distinct use from that of a filling station and, as such, shall be required to comply with all requirements of this chapter as they relate to such uses.
(9) 
Fuel storage in tanks.[1]
(a) 
Any such installation of flammable liquids or gas shall be in conformance with the applicable recommendations of the National Board of Fire Underwriters.
(b) 
The recommendations of the local Fire Chief having jurisdiction shall also be considered prior to approval of such a use.
(c) 
All such uses shall be located on sites large enough to contain the impact of any potential accident that might result from their existence without damage to adjacent properties, any surface waters or the groundwater reservoir.
[1]
Editor's Note: As to further regulations concerning fuel storage, see Ch. 59, Fire Prevention.
(10) 
Hospital.
(a) 
The lot area shall be not less than five acres nor shall it have a frontage of less than 400 feet along a street.
(b) 
Lot coverage shall not exceed 30% or the maximum percentage permitted in the applicable district, whichever is less.
(c) 
All buildings and structures shall be at least 150 feet from any property line.
(d) 
No building or structure shall be erected to a height in excess of 4 1/2 stories; special equipment space between floors not available for use as typical floor area shall not be counted as a story; where the building height exceeds that permitted in the applicable district, the lot coverage shall not exceed 10%.
(e) 
Off-street parking field areas shall be not less than 50 feet from any property line in a residence district.
(f) 
Outdoor light sources shall not be visible from neighboring properties; within 150 feet of any property line, no outdoor light source shall be more than 10 feet above the ground level underneath it.
(g) 
Residence quarters for hospital staff shall be considered a permitted accessory use on the hospital grounds.
(h) 
There shall be one acre of lot area for each 10 patient beds and/or resident staff members.
(11) 
Laundry plant, dry-cleaning plant.
(a) 
All processes and storage shall be carried on within an enclosed building.
(b) 
All fluids used in processing shall be recycled and the overall facility shall be designed, located and operated to protect the groundwater reservoir from pollution.
(12) 
Medical arts building.
(a) 
The lot area shall be not less than 40,000 square feet nor shall it have a frontage of less than 150 feet along a street.
(b) 
The design and placement of buildings and parking areas shall take into consideration the essentially residential character of the area, particularly that of contiguous properties.
(13) 
Membership or country club, golf course, nonprofit.
(a) 
A membership club or country club having a golf course shall have at least nine holes conforming to the standards of the United States Golf Association and shall not be constructed on less than 50 acres, plus 50 additional acres for each additional nine holes or fraction thereof; for other recreation-oriented membership or country clubs, the lot area shall be not less than 10 acres.
(b) 
A membership or country club shall not provide dwelling units or any other residence facilities except for the manager and his family.
(c) 
All intensive outdoor activities shall be so located on the property with reference to surrounding properties that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.
(d) 
Outdoor light sources shall not be visible from neighboring properties; no outdoor light source shall be more than 10 feet above the ground level underneath it.
(e) 
There shall be no outdoor public-address or music system audible beyond the perimeter of the site.
(f) 
Provisions shall be made for proper sanitary waste disposal and water supply facilities in conformance with the requirements of the municipality and the Suffolk County Health Department, and such facilities shall be designed to protect the groundwater reservoir from pollution, saltwater intrusion or excessive demand detrimental to the environment and neighboring properties.
(g) 
All parking of vehicles shall be provided for off the street in appropriate off-street parking areas sufficient to meet the needs of the membership and their guests.
(h) 
Signs shall be limited to one announcement sign of not over 12 square feet in area, which may either be attached to a building wall or be a ground sign as provided in § 116-13B(2).
(i) 
No food or beverage shall be served in any dining room or any part of the grounds of such club between the hours of 9:00 p.m. and the following 8:00 a.m., except on Friday, Saturday and Sunday nights and on nights preceding holidays, when the closing hour shall be 1:00 a.m., except that on Sunday nights it shall be 10:00 p.m.
(14) 
Hotel, motel, transient.
(a) 
There shall be no less than 3,000 square feet of lot area for each guest unit; where the capacity of a guest unit is more than two persons, there shall be an additional 1,000 square feet of lot area for each additional person.
(b) 
Provisions shall be made for proper sanitary waste disposal and water supply facilities in conformance with the requirements of the Suffolk County Health Department, and such facilities shall be designed to protect the groundwater reservoir from pollution, saltwater intrusion or excessive demand detrimental to the environment and neighboring properties.
(c) 
All intensive outdoor activities shall be so located on the property with reference to surrounding properties that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.
(d) 
Outdoor light sources shall not be visible from neighboring properties; no outdoor light source shall be more than 10 feet above the ground level underneath it.
(e) 
There shall be no outdoor public-address or music system audible beyond the limits of the property.
(15) 
Nightclub or similar entertainment establishment.[2]
(a) 
A nightclub or similar entertainment establishment shall not be less than 1,000 feet from any church, school, playground or park, hospital, nursing home, proprietary rest home or similar public or semipublic facility; and further, it shall not be less than 500 feet from any residence district in an incorporated Village without the approval of the Village Board of Trustees.
(b) 
There shall be no outdoor public-address or music system.
(c) 
All entertainment activities shall be completely screened from view from outside the site.
(d) 
Premises and structures shall be so arranged and designed as to prevent activities on the premises from being visible from adjoining premises or the street and as to contain any sound emanating from activities within the bounds of the premises.
[2]
Editor's Note: For regulations concerning the conduct of public entertainment, see Ch. 34, Amusements and Public Entertainment.
(16) 
Nursery school.
(a) 
The lot area shall be not less than 40,000 square feet nor shall it have a frontage of less than 150 feet along a street, except that in no case shall the lot area or the frontage be less than that required in the applicable district.
(b) 
The lot on which any school is maintained shall contain at least 1,000 square feet of suitably fenced rear or side yard play area for each five children or part thereof, and each such play area shall be located not less than 30 feet from any lot line, except where the rear or side yard lot line abuts a public street, park or parkway property, and not less than 50 feet from any residence district; such play area shall be suitably screened to avoid noise nuisance or incompatibility with reference to contiguous properties.
(c) 
The school shall not have more than 15 children in any case unless the building is of fireproof or semi-fireproof construction as defined by the New York State Building Code.
(d) 
No play area shall be located on or adjacent to an open pool, watercourse, pond, lake or tidewater area without the benefit of suitable fence and protective devices.
(17) 
Nursing home, proprietary rest home.
(a) 
The lot area shall be not less than 40,000 square feet nor shall it have a frontage of less than 150 feet along a street, except that in no case shall the lot area or the frontage be less than that required in the applicable district.
(b) 
All buildings shall be set back at least 50 feet from any property line, and in no case shall the setback be less than that required in the applicable district.
(c) 
Prior to approval, consideration shall be given to all applicable regulations governing such occupancies, including the recommendations of the local Fire Chief having jurisdiction.
(18) 
Office and shop for plumber, electrician, home improvement contractor.
(a) 
All processes and storage of materials, vehicles and equipment shall be carried on within an enclosed building. There shall be no outdoor storage of anything.
(b) 
The use shall be limited to premises within 300 feet of North Sea Road.
(19) 
Philanthropic, fraternal, social or educational institution office or meeting room, nonprofit.
(a) 
In any district other than the VB District, the lot area shall be not less than three acres nor shall the frontage be less than 200 feet on a street.
(b) 
In any district where such use is located in a building or structure of historical or cultural significance as determined by the Board of Architectural Review, the lot area and/or the frontage requirements may be varied in keeping with the existing lot area and frontage if such action will serve as a means of preserving such building or structure in a manner significant and enhancing to the local environment.
(c) 
Such uses shall not include any intensive outdoor activity other than off-street parking and similar service uses.
(d) 
When such use proposes to include intensive outdoor activity as an accessory use, the lot area and special requirements of Subsection B(13) above shall apply.
(e) 
When proposed in compliance with Subsection B(19)(d) above, all intensive outdoor activities shall be so located on the property with reference to surrounding properties that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.
(f) 
Outdoor light sources shall not be visible from neighboring properties; no outdoor light sources shall be more than 10 feet above the ground level underneath it.
(g) 
There shall be no outdoor public-address or music system.
(h) 
A private kitchen and bar accessory to the primary use, solely for the use of members and their escorted guests, shall be permitted in the OD District, provided that the lot area shall be not less than 40,000 square feet.
(20) 
Public library, museum.
(a) 
When located in or adjacent to residential districts, all parking and any outdoor equipment storage shall be properly screened from the view of such adjacent properties.
(21) 
Tavern, bar or restaurant.
(a) 
No tavern, bar or restaurant shall be located within 500 feet of any church, school, playground, park, hospital, nursing or proprietary rest home or similar public and semipublic place, nor within 500 feet of any residential district in an incorporated Village without the approval of the Village Board of Trustees.
(b) 
There shall be no outdoor public-address or music system.[3]
[3]
Editor's Note: As to noise restrictions generally, see Ch. 77, Noise.
(c) 
There shall be no live entertainment on the premises.[4]
[4]
Editor's Note: As to entertainment regulations, see Ch. 34, Amusements and Public Entertainment.
(d) 
Premises and structures shall be so arranged and designed as to prevent activities on the premises from being visible from adjoining premises or the street and as to contain any sound emanating from activities within the bounds of the premises.
(22) 
Truck terminal, truck transfer station.
(a) 
The lot shall have frontage on a street.
(b) 
All parking areas for operating vehicles shall be paved, curbed and drained in accordance with municipal specifications. Such areas shall be at least 60 feet from any residence district boundary and at least 25 feet from any property line. No vehicle shall park or stand outside such paved parking area.
(c) 
All fuel pumps, lubricating and other devices shall be located at least 25 feet from any building, structure or property line.
(d) 
All fuel, oil, gasoline or similar substances shall be stored underground and at least 25 feet from any and all property lines. Such facilities shall be installed and maintained in accordance with the standards of the National Board of Fire Underwriters.
(e) 
All dismantled automobiles, trucks, tractors, trailers and similar equipment and parts and accessories thereof shall be stored within a building.
(f) 
Screening shall include planting of evergreen bushes or trees in addition to a fence so that truck motor noises and the sound of overnight operation of refrigeration units shall be muffled when adjacent to any residence district.
(23) 
Veterinarian, veterinary hospital or kennel.
(a) 
Adjacent properties shall be adequately protected from noise, odors and unsightly appearance.
(b) 
All buildings, structures and accessory use areas, except off-street parking, shall be at least 50 feet from any property line.
(c) 
Disposal of cadavers and contaminated materials shall be disposed of in accordance with the applicable municipal, county or state regulations.
(24) 
Parking lot accessory to a use on a lot separate from the use.
(a) 
The entrance or exit to or from the parking lot shall not be located within 150 feet of any street which intersects with the street on which the parking lot is located.
(25) 
Outdoor dining as a special exception accessory use to an existing restaurant in the VB District.
(a) 
All outdoor dining shall be shown on a site plan submitted with the application. Such site plan shall be accompanied with a floor plan which shall show all indoor and outdoor dining areas and entrances and exits into the restaurant, to the outdoor dining premises and to the out-of-doors.
(b) 
All parking associated with the restaurant use, including any credited by variance, shall be shown on the site plan.
(c) 
All outdoor dining shall be unheated open-air dining, whether or not sheltered by a weatherproof overhead covering.
(d) 
No outdoor dining facility shall exceed 50 seats in total. Such capacity shall be calculated on the basis of one seat per 15 square feet of floor space.
(e) 
All tables and chairs shall be movable. No permanent or fixed seating shall be permitted. No standing room service shall be permitted.
(f) 
No outdoor service bar shall be permitted; all food and beverages shall be dispensed from the interior of the restaurant and served to customers at their tables by employees of the restaurant.
(g) 
No outdoor music or sound amplified from the interior of the building shall be allowed.
(h) 
Outdoor dining shall be permitted only to the extent that such activity does not interfere with or diminish the use and enjoyment of adjacent properties or those in the surrounding area.
(i) 
All special exception authorizations for outdoor dining shall expire on January 1 of the year following their issuance.
(j) 
The number of outdoor dining seats (to wit, the seating capacity of the outdoor dining facility) shall not exceed 75% of the number of indoor dining seats (to wit, the seating capacity of the restaurant use within the building containing the restaurant).
(k) 
The use shall comply with Suffolk County Department of Health Services requirements.
(26) 
Apartments on upper floors in the VB District.
(a) 
One or more apartments (dwelling units) may be allowed on upper floors only.
(b) 
No apartment (dwelling unit) shall be provided on the first floor.
(c) 
Provisions shall be made for proper sanitary waste disposal and water supply facilities in conformance with the requirements of the Suffolk County Department of Health Services, and such facilities shall be designed to protect the groundwater reservoir from pollution, saltwater intrusion or excessive demand detrimental to the environment and neighboring properties.
(d) 
With respect to property located in a designated historic district under Chapter 65 of the Village Code, such use shall be limited to existing (as of January 1, 2011) building floor area unless it is determined by the Board of Appeals that any proposed development or redevelopment of new or additional building floor area will be compatible with the historic character of such existing building and such historic district. In the case of any such proposed development or redevelopment, the Board of Appeals shall refer the application for special exception use approval to the Board of Architectural Review and Historic Preservation for its report and comments before any determination by the Board of Appeals.
(e) 
The maximum floor area of a one-bedroom apartment shall be 800 square feet. The maximum floor area of a two-bedroom apartment shall be 1,250 square feet. No apartment shall contain more than two bedrooms.
(27) 
(Reserved)
(28) 
Food pantry.
(a) 
The area of the lot containing the food pantry shall not be less than 10,000 square feet.
(b) 
The lot containing the food pantry shall not be located at a distance greater than 100 feet from a Business Zoning District.
(c) 
The lot containing the food pantry shall not be located at a distance greater than 500 feet from a roadway right-of-way defined by the New York State Department of Transportation as "principal arterial," "minor arterial," or "major collector."
(d) 
The lot containing the food pantry shall contain an existing institutional use or adjoin a lot that contains an existing institutional use. In the case of an adjoining institutional use, said adjoining use shall have frontage on the same roadway as the lot containing the food pantry.
(e) 
The lot containing the food pantry shall not contain an existing residential use at the time of application.
(f) 
The number of food pantries permitted as special exception uses in the Village of Southampton shall not exceed two at any given time.
(29) 
Home furnishings showroom.
(a) 
The interior space of the use shall be no less than 3,500 square feet unless the Board of Appeals grants a variance of this criterion pursuant to § 116-27.
(b) 
When located in the Highway Business Zone, the lot area shall be not less than 40,000 square feet, nor shall it have a frontage of less than 150 feet along a highway, unless the Board of Appeals grants a variance of these criteria pursuant to § 116-27.
(c) 
The use shall be, in the Board's determination, primarily dedicated to the display of home furnishings and similar items pursuant to § 116-2B, rather than a "retail store or shop" or other uses enumerated or otherwise unlisted in Chapter 116, Attachment 4, Business Districts - Table of Use Regulations.
(d) 
Outdoor storage or display of merchandise shall be prohibited within 50 of the front property line, and shall be, in the Board's determination, incidental and accessory to the primary use as well as appropriate in scale. Areas of outdoor storage and display, including seasonal or temporary areas, shall be noted on the survey or plot plan. Outdoor storage or display shall not occupy any required parking or loading areas, fire zones, or otherwise impede pedestrian or vehicular traffic.
(30) 
One-family detached dwelling, new, in the HRO or OD Districts.
(a) 
The proposed location would not be unsuitably near to incompatible use(s) so as to be undesirable for residential use.
(b) 
The proposed lot, if located in the HRO district, is located east of Elm Street.
(31) 
Workforce Housing Development in the HRO or OD Districts.
(a) 
The proposed lot is sufficient, appropriate and adequate for residential use, and is not unsuitably near to incompatible commercial use(s) so as to be undesirable for residential use.
(b) 
The proposed lot, if located in the HRO district, is located east of Elm Street.
(c) 
The proposed lot has adequate space for sufficient screening and landscaping as may be required by the Zoning Board of Appeals and/or Planning Board to ensure appropriate privacy and sufficient buffers from adjoining uses.
(d) 
At least 50% of all residential units, rounded up to the nearest whole unit, with a minimum of one unit, shall be allocated in perpetuity for workforce housing and income and rent-regulated pursuant to a housing agreement. The "50% of all residential units" shall be defined as 50% of the total number of units as well as 50% of the total gross floor area of the building as defined in § 116-17.1A exclusive of the floor area of any unit used by a permitted business or community use.
(e) 
Allowable residential density for a workforce housing development shall be a maximum of eight units per acre (min 5,445 sq. ft. lot area per unit), except that for a workforce development with 100% of the residential units allocated for permanent workforce housing, the maximum allowable residential density shall be 12 units per acre (3,630 sq. ft. of lot area per unit). Other residential density requirements in the Southampton Village Zoning Code for HRO or OD district shall not apply.
(f) 
Workforce housing development in the OD District shall meet the existing bulk and dimensional requirements. Workforce housing developments in the HRO District shall meet the existing bulk and dimensional requirements except that a single 1-or 2-story principal building may have a maximum lot coverage of 3,000 sq. ft. More than one principal building may be permitted if the maximum lot coverage of each building does not exceed 2,500 sq. ft. and the total of all buildings does not exceed 25% total lot coverage.
(g) 
Each dwelling unit to be provided for workforce housing use shall contain at least 450 square feet of floor area and comply with the applicable New York State Building Code. Other minimum housing size requirements in the Southampton Village Zoning Ordinance shall not apply.
(h) 
All exterior architecture, including but not limited to materials, details, fixtures, and colors of any workforce housing development shall be approved by the Board of Architectural Review and Historic Preservation and designed and constructed to reflect the quality and size of market-rate units to ensure that workforce housing is indistinguishable from market-rate housing in terms of architectural standards, materials, and finishes. Buildings in workforce housing developments must be architecturally compatible with surrounding residential areas and may be subject to design guidelines as established by the Board of Architectural Review and Historic Preservation (BARHP) to ensure consistent quality and harmony with the neighborhood's character.
(i) 
The development shall provide adequate off-street parking spaces at the following rates as added together rounded up to the nearest whole number: one space for a studio, 1.5 spaces for a one-bedroom, 1.75 spaces for a two-bedroom, and two spaces for a three-bedroom. The commercial parking rate for required additional parking in a mixed-use development shall be determined per § 116-14D. Off-street parking shall meet the standards for parking in § 116-14M and shall be screened as directed by the Board of Zoning Appeals and/or Planning Board.
(j) 
A detached accessory structure used exclusively as a garage for parking as accessory to a workforce housing development may be up to 800 sq. ft. in area. Section 116-9A(1)(b)[1] shall not apply.
(k) 
The proposed development shall receive approval from the Suffolk County Department of Health Service (SCDHS) for proper wastewater disposal in conformance with the requirements of the SCDHS. Credits from the Suffolk County Workforce Housing Transfer of Development Rights (WHTDR) program as defined in Article 36 of the Suffolk County Administrative Code may be applied without further approval from Southampton Village.
(l) 
Dwelling units allocated as workforce housing shall be permanently limited to individuals and families whose aggregate gross annual household income is between 50% and 130% for the Nassau-Suffolk primary metropolitan statistical area as defined by the federal Department of Housing and Urban Development. Monthly rents shall not exceed 30% of the targeted monthly household income as defined above. Housing unit must be the primary residence of the household and shall not be sublet. Workforce housing is not intended to provide dwelling units for occupancy on a seasonal, short-term, or transient basis and shall not be rented for a period less than 12 months. The Village may impose reasonable conditions designed to assure compliance with the income eligibility requirements for occupancy of workforce housing units, including establishing priorities for occupancy of workforce housing units such as people that either work in the Village or are active volunteer members of the Village Fire Department, Village Ambulance Department, or Village Ocean Rescue, or existing Village residents. Volunteers shall not be eligible for a preference unless they have been a volunteer member for at least 12 months prior to their application. They must also remain a "LOSAP qualifying" active member during their residency. The applicant shall provide a housing agreement for the ongoing administration of workforce housing units to be approved by the Zoning Board of Appeals, and/or Town of Southampton Department of Housing & Community Development, or other agency as the Village Board of Trustees may designate to administer workforce housing. The housing agreement shall stipulate certifying tenant income, lease, and rent restrictions of allocated workforce dwelling units, as well as terms for reporting. The applicant shall be responsible for filing the housing agreement as a covenant and restriction on the property.
(m) 
Dwelling units in a workforce housing development that are rented at market rates must be the primary residence of the household and shall not be sublet. Market rate housing is not intended to provide dwelling units for occupancy on a seasonal, short-term, or transient basis and shall not be rented for a period less than 12 months. The applicant shall provide a housing agreement for the ongoing administration of housing units to be approved by the Board of Zoning Appeals, and Town of Southampton Department of Housing & Community Development, or other agency as the Village Board of Trustees may designate to administer workforce housing development. The housing agreement shall stipulate lease restrictions of market rate units. The applicant shall be responsible for filing the housing agreement as a covenant and restriction on the property.
(32) 
Live-work unit.
(a) 
Dwelling units in a live-work unit must be permanently occupied as the primary residence of the household and shall not be sublet. The dwelling unit shall not occupy more than 50% of the building's total gross floor area as defined in § 116-17.1A. The residential occupant of the live-work dwelling unit must be owner of the ground-floor business. Live-work unit housing is not intended to provide dwelling units for occupancy on a seasonal, short-term, or transient basis and shall not be rented for a period less than 12 months. The applicant shall provide a housing agreement for the ongoing administration of live-work units to be approved by the Zoning Board of Appeals, and other agency as the Village Board of Trustees may designate to administer workforce housing development. The housing agreement shall stipulate tenant eligibility and lease restrictions of the live-work unit. The applicant shall be responsible for filing the housing agreement as a covenant and restriction on the property.
(b) 
Non-residential uses of 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 above.
(c) 
Permitted nonresidential uses shall be limited to those uses otherwise allowed in the zoning district and permitted herein.
(d) 
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. Separate restroom facilities shall be provided to serve the residential portion of the unit and shall meet all applicable requirements for private restrooms in residential uses.
(e) 
A live-work unit will be subject to all applicable licenses and business taxes.
(f) 
No dwelling unit shall be provided on the first (ground) floor.