[Added 1-10-1989 by L.L. No. 1-1989[1]]
[1]
Editor's Note: This local law also repealed
former Art. IX, C-1 General Industrial District, as amended.
[Amended 12-5-2017 by L.L. No. 20-2017]
The purpose of the Hamlet Business (HB) District is to provide
for business development in the hamlet central business areas, including
retail, office and service uses, public and semipublic uses, as well
as hotel and motel and multifamily residential development that will
support and enhance the retail development and provide a focus for
the hamlet area.
[Amended 5-9-1989 by L.L. No. 6-1989; 12-12-1989 by L.L. No.
23-1989; 7-31-1990 by L.L. No. 16-1990; 5-16-1994 by L.L. No. 9-1994; 11-26-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-1995; 10-17-1995 by L.L. No. 21-1995; 5-6-2003 by L.L. No. 10-2003]
In the HB District, no building or premises
shall be used and no building or part of a building shall be erected
or altered which is arranged, intended or designed to be used, in
whole or in part, for any uses except the following:
A.
Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), (2), (3) and (20) hereof, are subject to site plan approval by the Planning Board:
[Amended 4-20-2004 by L.L. No. 11-2004]
(1)
One-family detached dwelling.
[Amended 12-5-2017 by L.L. No. 20-2017]
(2)
Two-family dwelling.
[Amended 12-5-2017 by L.L. No. 20-2017]
(3)
Buildings, structures and uses owned or operated by
the Town of Southold, school districts, park districts and fire districts.
(4)
Boardinghouses and tourist homes.
(5)
Business, professional and governmental offices.
(6)
Banks and financial institutions.
(7)
Retail stores, up to a maximum of 6,000 total square
feet of gross floor area in any building (excluding unfinished basement
and attic areas), notwithstanding the provisions of the Bulk Schedule
for Business, Office and Industrial Districts.[1] Such retail stores greater than 3,000 total square feet
shall comply with the retail building standards for HB Districts listed
below, in addition to the site plan requirements of this chapter:
(a)
Building massing and facade treatment.
[1]
Variation in massing.
[a]
A standardized building mass shall
be prohibited. For the purposes of this subsection, the term "standardized"
shall include an array of articulated elements, layout, design, logos
or similar exterior features that have been applied to four or more
retail buildings nationwide.
[b]
Exterior building walls facing
side yards shall include materials and design characteristics consistent
with those on the front of the building.
[2]
Building walls that face public streets, connecting
pedestrian walkways, or adjacent development shall meet the following
standards:
[a]
Facades shall be subdivided and
proportioned using features such as windows, entrances, arcades, arbors,
awnings, trellises with vines, or alternate architectural detail that
defines human scale, along no less than 60% of the facade.
[b]
To maintain the "Main Street" character
in the Hamlet Centers, where practical, buildings shall be sited with
a zero or minimum setback from the front property line or primary
pedestrian walkways and be transparent between the height of three
feet and eight feet above the grade of the walkway for no less than
sixty 60% of the horizontal length of the building facade.
[4]
Customer entrances. Buildings shall have clearly
defined, highly visible customer entrance(s) featuring no fewer than
three of the following:
[a]
Canopies or porticos;
[b]
Overhangs;
[c]
Recesses/Projections;
[d]
Arcades;
[e]
Raised corniced parapets over the
door;
[f]
Peaked roof forms;
[g]
Arches;
[h]
Outdoor patios;
[i]
Display windows;
[j]
Architectural detail such as tile
work and moldings integrated into the building structure and design;
or
[k]
Integral planters or wing walls
that incorporate landscaped areas and/or places for sitting.
[5]
Buildings containing a drive-through or drive-up
window are prohibited.
(b)
Building materials.
[1]
All buildings should be constructed or clad
with materials that are durable, economically maintained, and of a
quality that will retain their appearance over time, including, but
not limited to, natural or synthetic stone; brick; stucco; integrally
colored, textured, or glazed concrete masonry units or glass.
(c)
Signage.
[1]
Advertisements, including trademark logos and
service marks, may not be affixed, painted or glued onto the windows
of the business or onto any exterior structures, including waste disposal
receptacles and flags.
[2]
Florescent and backlit signs located within
or on a building or structure and facing an exterior public space
are prohibited.
(d)
Site design.
[1]
The principal building entrance shall face the
primary street frontage and/or sidewalk where practical.
[2]
New construction along primary pedestrian walkways
within the Hamlet Centers shall have a zero or minimum setback from
the sidewalk/front property line, whenever possible, to reinforce
the "Main Street" street wall.
(e)
Off-street parking.
[1]
Off-street parking shall not be located in the front yard between the front facade of the building(s) and the primary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XVIII of this chapter of the Town of Southold Town Code.
[1]
Editor's Note: The Bulk Schedule for Business, Office and Industrial Districts is included at the end of this chapter.
(8)
Restaurants, excluding formula food and take-out restaurants.
(9)
Bakeshops (for on-premises retail sale).
(10)
Personal service stores and shops, including
barbershops, beauty parlors, professional studios and travel agencies.
(11)
Art, antique and auction galleries.
(12)
Artists' and craftsmen's workshops.
(13)
Auditoriums or meeting halls.
(14)
Repair shops for household, business or personal
appliances, including cabinet shops, carpenter shops, electrical shops,
plumbing shops, furniture repair shops and bicycle and motorcycle
shops.
(15)
Custom workshops.
(16)
Bus or train stations.
(17)
Theaters or cinemas (other than outdoor).
(18)
Libraries or museums.
(19)
Laundromats.
(20)
Bed-and-breakfast uses as set forth in and as regulated by § 280-13B(14).
(21)
Multiple dwellings.
(22)
Grocery stores up to a maximum of 25,000 square
feet of gross floor area, exclusive of unfinished basements or attic
areas, notwithstanding the provisions of the bulk schedule.
[Added 6-20-2006 by L.L. No. 8-2006]
B.
Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses except Subsection B(11) shall be subject to site plan approval by the Planning Board:
[Amended 6-20-2006 by L.L. No. 8-2006; 12-5-2017 by L.L. No. 20-2017; 6-7-2022 by L.L. No. 5-2022]
(1)
Any special exception use set forth in and as regulated by § 280-13B(3) to (6) and (13) and (14) of the Agricultural-Conservation District.
(2)
Motel and hotel uses as set forth in and regulated by § 280-35B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three acres.
(3)
Boarding and/or tourist homes as set forth and regulated by § 280-35B(5) of the Resort Residential (RR) District.
(4)
Fraternal or social institutional offices or meeting
halls.
(5)
Drinking establishments.
(6)
Public garages.
(7)
Funeral homes.
(8)
Flea markets.
(9)
Takeout and formula food restaurants, subject to the
following requirements:
(a)
Adequate parking shall be provided in accordance with that required by Article XVIII, Parking and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking distance of the site or 300 feet, whichever is less. The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subject land use.
(b)
An assessment of the potential traffic impacts
of the proposed use must accompany the long environmental assessment
form. The appropriate mitigation measures must be incorporated into
the site plan.
(c)
There shall be no counter serving outdoor traffic
via a drive-in, drive-through, drive-up, drive-by or walk-up window
or door.
(d)
Exterior signage shall conform in all respects to Article XIX, Signs, of this chapter and, further, may not be lit from within.
(e)
Advertisements, including trademark logos, may
not be affixed, painted or glued onto the windows of the business
or onto any exterior structures, including waste disposal receptacles
and flags.
(f)
The physical design, including color and use
of materials, of the establishment shall be compatible with and sensitive
to the visual and physical characteristics of other buildings, public
spaces and uses in the particular location.
(10)
Retail stores in excess of 6,000 total square
feet of gross floor area in any building, up to a maximum of 12,000
total square feet of such gross floor area in any building (excluding
unfinished basement and attic areas), subject to the following requirements:
(a)
Compliance with the retail building standards
listed below, in addition to the site plan requirements of this chapter.
[1]
Building massing and facade treatment.
[a]
Variation in massing.
[i]
A standardized dominant building
mass shall be prohibited. For the purposes of this subsection, the
term "standardized" shall include an array of architectural elements,
layout, design, logos or similar exterior features that have been
applied to four or more retail buildings nationwide.
[ii]
Exterior building walls facing
side yards shall include materials and design characteristics consistent
with those on the front of the building.
[iii]
Building walls that face public
streets, connecting pedestrian walkways, or adjacent development shall
meet the following standards:
[A]
Facades shall be subdivided and
proportioned using features such as windows, entrances, arcades, arbors,
awnings, trellises with vines, or alternate architectural detail that
defines human scale, along no less than 60% of the facade.
[B]
To maintain the "Main Street" character
in the Hamlet Centers, where practical, buildings shall be sited with
a zero or minimum setback from the front property line or primary
pedestrian walkways and be transparent between the height of three
feet and eight feet above the grade of the walkway for no less than
60% of the horizontal length of the building facade.
[C]
Buildings shall achieve architectural
variation through the inclusion of architectural features such as
columns, ribs or pilasters, piers, changes in wall planes and changes
in texture or materials consistent with the architecture of adjacent
buildings and community character.
[c]
Customer entrances. Buildings shall
have clearly defined, highly visible customer entrance(s) featuring
no fewer than three of the following:
[i]
Canopies or porticos;
[ii]
Overhangs;
[iii]
Recesses/Projections;
[iv]
Arcades;
[v]
Raised corniced parapets over the
door;
[vi]
Peaked roof forms;
[vii]
Arches;
[viii]
Outdoor patios;
[ix]
Display windows;
[x]
Architectural detail such as tile
work and moldings integrated into the building structure and design;
or
[xi]
Integral planters or wing walls
that incorporate landscaped areas and/or places for sitting.
[d]
Buildings containing a drive-through
or drive-up window are prohibited.
[2]
Building materials.
[a]
All buildings should be constructed
or clad with materials that are durable, economically maintained,
and of a quality that will retain their appearance over time, including,
but not limited to, natural or synthetic stone; brick; stucco; integrally
colored, textured, or glazed concrete masonry units or glass.
[b]
Exterior building materials shall
not include the following:
[c]
Smooth-faced gray concrete block,
painted or stained concrete block, unfinished tilt-up concrete panels;
[d]
Field-painted or pre-finished standard
corrugated metal siding.
[3]
Signage.
[a]
Advertisements, including trademark
logos and service marks, may not be affixed, painted or glued onto
the windows of the business or onto any exterior structures, including
waste disposal receptacles and flags.
[b]
Florescent and backlit signs located
within or on a building or structure and facing an exterior public
space are prohibited.
[4]
Site design.
[a]
The principal building entrance
shall face the primary street frontage and/or sidewalk where practical.
[b]
New construction along primary
pedestrian walkways within the Hamlet Centers shall have a zero or
minimum setback from the sidewalk/front property line, whenever possible,
to reinforce the "Main Street" street wall.
[5]
Off-street parking.
[a]
Off-street parking shall not be located in the front yard between the front facade of the building(s) and the primary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XVIII of this chapter of the Town of Southold Town Code,
(b)
The Planning Board shall determine that the
proposed retail store(s) will not have an undue adverse impact on
the community. In making such a determination, the Planning Board
shall conduct or hire a consultant to conduct a Market and Municipal
Impact Study, at the expense of the applicant. The study shall be
completed within 90 days of receipt of all requested materials, and
the applicant shall be afforded the opportunity to submit its own
such study. The Planning Board shall make such determination within
30 days of its receipt of the study. Such study shall include an analysis
of the projected impact of the retail store(s) on:
[1]
The existing local retail market, including
market shares, if applicable.
[2]
The supply and demand for local retail space.
[3]
Local wages, benefit and employment.
[4]
Revenues retained within the local economies
of the Town of Southold.
[5]
Public service and facilities costs.
[6]
Public revenues.
[7]
Impacts on municipal taxes.
[8]
Impacts of property values in the community.
[9]
Effects on retail operations in the surrounding
market area.
[10]
Employee housing needs, if applicable.
[11]
The Town of Southold's ability
to implement its Comprehensive Plan consistent with the proposed project.
(11)
Conversion of an existing building to apartments as set forth in and regulated by § 280-38B(6) of the Residential Office District.
C.
Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XIX, are subject to site plan review:
(1)
Accessory uses as set forth in and regulated by § 280-13C(1) through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in § 280-15 thereof.
(2)
Apartments are permitted, subject to the following requirements:
[Amended 12-5-2017 by L.L. No. 20-2017]
(a)
The Building Department issuing an accessory apartment permit.
(b)
The habitable floor area of each apartment shall be at least
350 square feet.
(c)
The apartment shall have all requisite Suffolk County Department
of Health approvals.
(d)
Each apartment shall have at least one off-street parking space.
(e)
Construction and/or remodeling of an existing structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in § 280-127 and Article XXIV in general unless such construction or remodeling results in an increase of the foundation size of the structure.
(f)
The apartment(s) shall not comprise more than 50% of the principal
building.
(g)
Each apartment on the subject property is to be occupied by
either a property owner's immediate family member or an individual
who is registered on the Southold Town Affordable Housing Registry
and is eligible for placement prior to possession being taken.
(3)
Convenience
store located with a prior nonconforming gas station use (gas stations
are not a permitted use in the HB Zone; however, there are a number
of preexisting gas stations in operation) shall be considered an accessory
use subject to site plan review, only if the following requirements
are met:
[Added 11-4-2009 by L.L. No. 14-2009]
(a)
Maximum gross floor area of the retail store equals 800 square feet
or less, including storage and counter area.
(b)
Parking requirement equal to one space per 100 square feet of floor
area devoted to retail sales area, including the sales counter and
retail products storage. The gas station must still meet its parking
requirement separately; however, each fuel dispenser can count as
one parking space toward the convenience store requirement.
(c)
The physical design, including color and use of materials, of the establishment shall be sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location, and shall comply with the retail building standards in § 280-45A(7) (a) through (e) to the extent practicable.
(d)
Signs for the convenience store shall conform with Article XIX of this chapter, and, further, may not be lit from within.
(e)
Formula food franchises are not permitted within accessory convenience
stores.
(4)
Convenience
stores associated with gas stations that do not meet these requirements
are considered a second principal use and must meet the minimum bulk
schedule requirements (e.g., a gas station with a convenience store
that is 1,200 square feet in size must have a minimum of 40,000 square
feet of lot area).
[Added 11-4-2009 by L.L. No. 14-2009]
(5)
Preexisting,
nonconforming convenience stores with the proper approvals in place
prior to the enactment of this subsection may continue as they are
with no increase in size unless they can meet the requirements for
a second principal use.
[Added 11-4-2009 by L.L. No. 14-2009]
No building or premises shall be used and no
building or part thereof shall be erected or altered in the HB District
unless the same conforms to the Bulk Schedule and Parking and Loading
Schedules incorporated into this chapter by reference, with the same
force and effect as if such regulations were set forth herein in full.[1]
[1]
Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in §§ 280-78 and 280-79.
