The title of this chapter is a "Local Law Regulating
and Restricting the Height, Number of Stories and Size of Buildings
and Other Structures, the Percentage of Lot That May Be Occupied,
the Size of Yards, Courts and Other Open Spaces, the Density of Population
and the Location and Use of Buildings, Structures and Land for Trade,
Industry, Residence or Other Purpose in the Town of Southampton; and
for Said Purposes Dividing the Town Into Districts; and Providing
Fines and Penalties for the Violation of Its Provisions."
This chapter shall be known and may be cited
as the "Town of Southampton Zoning Law."
This chapter is adopted for the purpose of promoting
the health, safety and morals or the general welfare of the Town of
Southampton and in furtherance of the following related and more specific
objectives:
A.
To guide and regulate the orderly growth, development
and redevelopment of the Town in accordance with a Comprehensive Plan
and with the more general long-range objectives, principles and standards
expressed in the Town's Master Plan which are deemed beneficial to
the interests and welfare of the people.
B.
To protect the established character and the social
and economic well-being of both private and public property.
C.
To promote, in the public interest, the utilization
of land for the purposes for which it is most appropriate.
D.
To promote, in the public interest, the preservation
of prime agricultural lands and natural areas through the use of planned
residential development.
E.
To secure the maximum recharge of the Town's fresh
groundwater reservoir to assure both the maintenance of the natural
environment and the ecosystems essential to its continued well-being
and the optimum groundwater resource for the human community through
the protection of such features of the watershed areas as the woodlands,
streams, ponds, lakes and the particularly previous soils of the Ronkonkoma
Moraine and to so regulate the ultimate land use and consequent freshwater
consumption that the potential demand for freshwater shall not exceed
the reasonably determined safe yield of that fresh groundwater reservoir.
F.
To protect and promote the fisheries and the resort
industries of the Town by preserving a healthful biological and chemical
balance in the adjacent ocean, bays, estuaries and all tributary watercourses
and drainage lines.
G.
To secure safety from fire, panic, flood, storm and
other dangers; to provide adequate light, air and convenience of access;
and to prevent environmental pollution.
H.
To prevent overcrowding of land or buildings and to
avoid undue concentration of population.
I.
To conserve the value of buildings and to enhance
the value of land throughout the Town.
J.
To provide housing sites for residents of the community
compatible with their economic means.
K.
To lessen and, where possible, to prevent traffic
congestion on public streets and highways.
L.
To eliminate nonconforming uses gradually.
M.
To conserve and reasonably protect the natural scenic
beauty and cultural and historic resources of the Town and its environs.
A.
Unless the context clearly indicates the contrary,
words used in the present tense include the future, the singular number
includes the plural and the plural the singular.
B.
The word "person" includes a profit or nonprofit corporation,
company, partnership or individual.
C.
The word "shall" is mandatory and not directory; the
word "may" is permissive.
D.
The word "lot" includes the word "plot" and the word
"land."
E.
The word "structure" includes the word "building."
F.
The word "use" refers to any purpose for which a lot
or land or part thereof is arranged, intended or designed to be used,
occupied, maintained, made available or offered for use; and to any
purpose for which a building or structure or part thereof is arranged,
intended or designed to be used, occupied, maintained, made available
or offered for use or erected, reconstructed, altered, enlarged, moved
or rebuilt with the intention or design of using the same.
G.
The word "used" refers to the actual fact that a lot
or land or building or structure or part thereof is being occupied
for a particular use.
As used in this chapter, the following terms
shall have the meanings indicated:
A secondary dwelling unit established in conjunction with
and clearly subordinate to the single-family detached dwelling (one-family
dwelling, detached), whether as a part of the same structure as the
primary dwelling unit or a detached dwelling unit on the same lot
and complies with the same standards outlined in Article IIA, Accessory
Apartments.
[Added 7-28-1992 by L.L. No. 34-1992[1]; amended 4-23-2002 by L.L. No. 7-2002; 10-25-2005 by L.L. No. 57-2005; 12-13-2005 by L.L. No. 69-2005]
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure. The term “accessory building” may include
a private garage, shed, playhouse, swimming pool and private greenhouse.
The term “accessory building” shall not include any building
with sleeping and/or cooking facilities or used for sleeping and/or
cooking purposes, except for farm employees living on a farm owned
or leased by their employer, an accessory apartment or a bed-and-breakfast
as defined by this chapter.
[Amended 9-11-1984 by L.L. No. 15-1984; 10-23-1984 by L.L. No. 19-1984; 4-23-2002 by L.L. No.
7-2002; 8-9-2005 by L.L. No. 41-2005]
Adult establishments which offer for viewing, sale or rental,
for any form of consideration or gratuity, adult entertainment through
the medium of adult printed materials or any other mediums.
[Added 10-26-2001 by L.L. No. 48-2001]
Adult establishments which offer food or drink, for any form
of consideration or gratuity, such as nightclubs, bottle clubs, dance
clubs, cabarets, bars, restaurants or similar, commercial establishments,
whether or not alcoholic beverages are sold or served, which feature
adult entertainments through the mediums of adult live performances,
showing of adult photographic reproductions or any other mediums.
[Added 10-26-2001 by L.L. No. 48-2001]
[Added 10-26-2001 by L.L. No. 48-2001]
Includes the causing, permitting or allowing of:
Offering printed materials, photographic reproductions
or live performances which are characterized by an emphasis on persons
who appear nude or in a state of nudity, seminudity; and/or which
are characterized by an emphasis on persons who expose specified anatomical
areas or engage in depiction or description of specified sexual activities;
and/or
Conduct by employees who, as part of their employment,
expose to patrons specified anatomical areas; and/or by two or more
persons who congregate, associate or consort for purposes of specified
sexual activities, exposure of specified anatomical areas or activities
when one or more of them is in a state of nudity or seminudity; and/or
Offering paraphernalia designed, used or marketed
primarily for stimulation of human genital organs or sadomasochistic
use or abuse; and/or massage or any other treatment or manipulation
of the human body which occurs as a part of, or in connection with,
specified sexual activities or where any person providing such massage,
treatment or manipulation exposes specified anatomical areas of their
body.
[Added 10-26-2001 by L.L. No. 48-2001]
Business or commercial enterprises:
Which maintain, derive or devote a substantial
portion of stock-in-trade, revenues, floor area and/or cellar space
or advertising of their business in, from or to adult entertainment
of any type, for any form of consideration or gratuity; and/or
Where a substantial portion of the use of the
premises comprises adult entertainment, including but not limited
to those adult establishments specifically set forth by definition
in this section, other adult commercial facilities of a similar nature
or any combination thereof; and/or
Which are not the types of businesses customarily
open to the general public during the featuring of adult entertainment
because they exclude, or otherwise restrict, limit or condition access
by, minors by reason of age; and/or
Wherein the presence of other principal business
purposes shall not preclude their status as an adult establishment,
pursuant to the other elements of this definition.
Live performances which are characterized by an emphasis
on persons who appear nude or in a state of nudity or seminudity;
and/or which are characterized by an emphasis on persons who expose
specified sexual activities; and/or conduct by employees who, as part
of their employment, expose to patrons specified anatomical areas.
[Added 10-26-2001 by L.L. No. 48-2001]
Massage or any other treatment or manipulation of the human
body which occurs as a part, or in connection with, specified sexual
activities or where any person providing such massage, treatment or
manipulation exposes specified anatomical areas of their body.
[Added 10-26-2001 by L.L. No. 48-2001]
Adult establishments which offer for viewing, sale or rental,
for any form of consideration or gratuity, adult entertainment through
the medium of adult massage or any other mediums.
[Added 10-26-2001 by L.L. No. 48-2001]
Adult establishments which offer for viewing, sale or rental,
for any form of consideration or gratuity, adult entertainment through
the medium of adult paraphernalia or any other mediums.
[Added 10-26-2001 by L.L. No. 48-2001]
Includes instruments, devices, gear, equipment, apparatus,
accoutrements or other appurtenances which are designed, used or marketed
primarily for stimulation of human genital organs or sadomasochistic
use or abuse.
[Added 10-26-2001 by L.L. No. 48-2001]
Includes slides, films, motion pictures, videotapes, video
cassettes, compact discs or similar pictorial presentations characterized
by an emphasis on depiction or description of specified sexual activities
or specified anatomical areas.
[Added 10-26-2001 by L.L. No. 48-2001]
Includes books, magazines, periodicals, photographs or other
printed matter which are characterized by an emphasis on depiction
or description of specified sexual activities or specified anatomical
areas.
[Added 10-26-2001 by L.L. No. 48-2001]
Adult establishments, such as theaters, concert halls, auditoriums
or similar commercial establishments, whether indoors, outdoors or
drive-in, and peep shows or similar establishments where viewing is
conducted in general areas or individual enclosures, which feature
adult entertainment, for any form of consideration or gratuity, through
the mediums of adult photographic reproductions or adult live performances
or any other mediums.
[Added 10-26-2001 by L.L. No. 48-2001]
Adult establishments which offer for viewing, sale or rental,
for any form of consideration, adult entertainment through the medium
of adult photographic reproductions or any other mediums.
[Added 10-26-2001 by L.L. No. 48-2001]
As defined in § 216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
A committee formed to develop and implement a long-range
strategic plan for affordable housing which will meet the affordable
housing needs of the various communities within the Town while addressing
the concerns of their residents regarding placement, saturation, property
maintenance, commitment and availability, financial assistance, child
care, senior care and education.
[Added 3-13-2001 by L.L. No. 6-2001]
As defined in § 216-2 of the Town Code
[Added 12-13-2005 by L.L. No. 69-2005]
The cultivation of the soil for food products and other useful
or valuable growths of the field, including agricultural greenhouses.
The normal preparation of such products for market and the incidental
raising of small numbers of livestock and/or poultry for personal
consumption shall be considered accessory uses, provided that they
are not a separate and distinct business.
[Amended 10-23-1984 by L.L. No. 19-1984]
An establishment licensed by the State Division of Substance
Services or the State Division of Alcoholism and Alcohol Abuse primarily
engaged in providing residential or outpatient care, services, room,
board, supervision, information and/or referrals to persons voluntarily
seeking such services.
[Added 12-22-1992 by L.L. No. 54-1992]
As applied to a building or structure, a change or rearrangement
of the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another. The term "alter" in its
various modes and tenses and its participial form refers to the making
of an alteration.
The raising of livestock, poultry, ducks, geese or fur- and
wool-bearing animals as a retail or wholesale business.
A room or suite of rooms with sanitary and kitchen accommodations used or designed for use as a residence by a family located in a building containing two or more such rooms or suites or located in a building devoted primarily to nonresidential uses. In residential districts, an apartment shall meet the size and occupancy limitations and special standards of Article IIA and be accessory to a primary single-family residential building. In business districts, an apartment shall be in accordance with § 330-158.
[Added 10-25-2005 by L.L. No. 57-2005; 12-13-2005 by L.L. No. 69-2005]
A type of congregate residential housing providing supportive
personal and/or home-care services in a home-like setting and licensed
pursuant to Article 46-B of the New York State Public Health Law.
Such facilities provide or arrange for rental housing in private,
separate, apartment-type units, to five or more adult residents who
are less able to function independently in all aspects of their daily
lives, and who are unrelated to the assisted-living provider. Such
facilities must also provide daily food service, twenty-four-hour
on-site monitoring, case management services, and the development
of an individualized service plan for each resident.
[Amended 1-23-2018 by L.L. No. 4-2018]
An adaptable, barrier-free residential unit in an assisted-living
facility.
[Added 1-23-2018 by L.L.
No. 4-2018]
A structure or building designed for the washing, waxing,
simonizing or similar treatment of automotive vehicles as its principal
function.
A financial institution that is open to the public and engaged
in deposit banking, and that performs closely related functions such
as making loans, investments and fiduciary activities.
[Added 2-25-2003 by L.L. No. 13-2003]
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption, subject to regulatory
authority of the New York State Liquor Authority and consisting of
one or more of the following characteristics: age restrictions or
cover charges for admission; listening to music; hours of operation
which extend beyond the normal dining times for breakfast, lunch or
dinner; and sandwiches and snacks are available for consumption on
the premises. The accessory or incidental sale of food or snacks shall
not entitle such a use to be considered a restaurant under other provisions
of this Code, but the permanent or temporary removal or relocation
of tables and chairs from an establishment to permit dancing as well
as the aforesaid characteristics shall constitute the creation of
a nightclub use.
[Added 8-11-1992 by L.L. No. 36-1992; amended 4-13-2004 by L.L. No. 14-2004]
The base flood elevation as shown on the applicable Flood
Insurance Rate Map prepared by the Federal Emergency Management Agency
for the site where the building or structure is located.
[Added 5-13-1986 by L.L. No. 7-1986]
That portion of a building that is partly or completely below
grade.
[Amended 8-9-2005 by L.L. No. 41-2005]
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. Batteries utilized
in consumer products are excluded from zoning requirements.
[Added 1-26-2021 by L.L.
No. 3-2021]
An electronic system that protects energy storage systems
from operating outside their safe operating parameters and disconnects
electrical power to the energy storage system or places it in a safe
condition if potentially hazardous temperatures or other conditions
are detected.
[Added 1-26-2021 by L.L.
No. 3-2021]
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a stand-alone twelve-volt car battery or an electric motor
vehicle.
[Added 1-26-2021 by L.L.
No. 3-2021]
A structure primarily of earth or earthen or similar materials
intended for defense, security, enclosure or screening purposes.
[Added 7-10-1984 by L.L. No. 12-1984]
A facility for servicing all types of water craft, as well
as providing supplies, provisions, storage and fueling facilities,
and with facilities for the retail sales of boats, motors and marine
equipment.
A structure with a roof supported by columns or walls and
having a horizontal area of more than 50 square feet and intended
for the shelter, housing or enclosure of persons, animals or chattels.
The area computed at the maximum horizontal cross section
of the main and accessory buildings on a lot, including the area of
all roofed porches, terraces and similar features.
The official Building Inspector of the municipality or any
person duly appointed or designated to act as such Inspector.
A structure intended to provide temporary shelter from weather
elements (wind, rain, snow, sun) as bus passengers await transport.
[Added 8-13-2002 by L.L. No. 29-2002]
A facility designed for recreational camping in tents, automotive
camper units or trailers and house trailers and providing community
sanitary facilities and other necessary services.
For the purpose of battery energy storage, a cell is defined
as the basic electrochemical unit, characterized by an anode and a
cathode, used to receive, store, and deliver electrical energy.
[Added 1-26-2021 by L.L.
No. 3-2021]
A story partly underground and having 1/2 or more of its
clear height below finished grade. A cellar shall not be counted as
a story in determining the building height.
A not-for-profit corporation, as defined in § 102
of the Not-For-Profit Corporation Law of the State of New York, located
contiguous to an ocean beach and established for the principal purpose
of engaging in ocean bathing, but excluding any form of aviation,
motorboat racing or waterskiing on inland waterways or similar hazardous
sports. Three-fourths of such beach club's membership shall either
own property improved with a dwelling in the Town of Southampton or
within a fifteen-mile radius of such beach club or shall be a lessee
of such residential property for a period of not less than 30 days,
during which time said membership shall be effective. The activities
of such a beach club on its off-beach site shall be limited to its
members and their guests and shall not be extended to the general
public.
A not-for-profit corporation, as defined in § 102
of the Not-For-Profit Corporation Law of the State of New York, not
located contiguous to an ocean beach and established for the principal
purpose of engaging in outdoor sports, such as golf, tennis, swimming,
fishing, hunting or similar activities, but not including any form
of aviation, outdoor trap-, skeet or target shooting or boating. The
activities of such a club shall be limited to its members and their
guests and shall not be extended to the general public.
A not-for-profit corporation, as defined in § 102
of the Not-For-Profit Corporation Law of the State of New York, established
for the principal purpose of engaging in recreational boating. The
activities of such a yacht club shall be limited to its members and
their guests and shall not be extended to the general public. The
term "yacht club" shall be deemed to include the term "marina" but
shall not be deemed to include the term "boatyard," except for the
out-of-water storage of member boats.
As defined in §216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
Housing developments which offer independent living in private,
separate senior apartments, usually on a rental basis, but may be
offered as ownership units. Typically, congregate communities also
provide an opportunity to share activities of daily living with other
residents as one chooses, such as limited meals, housekeeping, transportation,
and social services.
[Added 8-13-2002 by L.L. No. 29-2002]
A development which encompasses multifaceted housing options,
typically providing independent living, assisted living, and guaranteed
nursing care, to accommodate the lifestyle needs of seniors as they
age in place. CCRCs, also called "life-care facilities,” offer
a complete continuum of senior housing and health-care services.
[Added 8-13-2002 by L.L. No. 29-2002]
A room designed as a bedroom. Rooms having other purposes,
such as dens, living rooms or hallways, are not to be interpreted
as conventional bedrooms.
An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by such building or buildings. An offset to a court
shall be deemed a separate court for the purpose of determining its
required dimensions.
[2]The maximum horizontal dimension of such court at right angles
to the width.
The greatest vertical distance measured from the lowest level
of such court up to the roof of the building.
Any court which is not an outer court.
A court extending to a street line or other property line
or opening upon any front, side or rear yard.
The horizontal dimension parallel to the principal open side
in the case of an outer court; and the least horizontal dimension
in the case of an inner court.
A business premises used for the making of clothing, millinery,
shoes or other personal articles to individual order and measure,
for sale at retail on the premises only, and not including the manufacture
of ready-to-wear or standardized products.
An exterior floor system supported on at least two opposing
sides by an adjoining structure and/or posts, piers, or other independent
supports.
[Added 10-26-2004 by L.L. No. 34-2004][3]
The disassembly of all or part of an improvement or structure
for the purpose of reusing its components and building materials.
[Added 12-22-2011 by L.L. No. 48-2011]
To dismantle, raze or remove all or part of an existing improvement
or structure, at once or in stages, including deconstruction as defined
herein.
[Added 12-22-2011 by L.L. No. 48-2011]
The consistent failure to maintain a structure that causes,
or is a substantial contributing factor in, the deterioration of building
materials to such an extent that the structure is no longer safe or
restoration is no longer feasible, and ultimately leads to the need
for physical demolition.
[Added 12-22-2011 by L.L. No. 48-2011]
Lands designated or otherwise qualified by the U.S. Environmental
Protection Agency (EPA) and/or the New York State Department of Environmental
Conservation (NYSDEC) as part of an Environmental Restoration Program,
Brownfield cleanup program, State Superfund program, Voluntary Cleanup
Program or other similar official program, as may be amended from
time to time.
[Added 2-28-2023 by L.L. No. 9-2023]
An industry primarily engaged in the activity of distributing
items, by ground, produced off site and warehoused/sorted on premises,
to then be delivered to a consumer who has ordered the item or product
via the internet, phone, catalog, or other similar means. This definition
shall not be construed to mean that the primary delivery of products
or goods to the distribution industry via air cargo, air freight,
or drone activities and/or similar methods for secondary delivery
to a consumer by ground, or any other means listed above, is a permitted
activity.
[Added 5-11-2021 by L.L. No. 18-2021]
A financial institution where services may be provided through
a window, automated machine, or other facility to customers remaining
in motorized vehicles that are in a designated stacking lane.
[Added 2-25-2003 by L.L. No. 13-2003]
An establishment wherein the sale of goods or delivery of
services is provided directly to patrons while seated in automobiles
which are located on the premises, but not including drive-in restaurants.
[Added 10-6-2000 by L.L. No. 15-2000]
Establishments primarily engaged in providing dry-cleaning
services whose service area is the immediate surrounding community
in which it is located, i.e., five-mile radius. There shall be a maximum
of one dry-cleaning machine per establishment, having a maximum capacity
of 65 pounds per load. The dry-cleaning machine shall be of a “closed
system” design where the cleaning, extracting, drying, and deodorizing
are all conducted within a self-contained machine. The garments dry
cleaned within the facility shall be those of the direct retail customer,
and shall not be from other pickup and drop-off facilities.
[Added 9-11-2007 by L.L. No. 46-2007]
A naturally occurring accumulation of sand in wind-formed
ridges or mounds landward of the beach, often characterized by the
natural growth of beach grass.
[Added 12-23-1986 by L.L. No. 22-1986]
Any building that contains one or more dwelling units used,
intended, or designed to be built, used, rented, leased, let or hired
out to be occupied, or that are occupied for living purposes.
[Amended 8-9-2005 by L.L. No. 41-2005]
A building or a group of attached one-family dwellings with
individual dwelling units each of which is comprised of one or more
rooms with provisions for cooking, living, sanitary and sleeping facilities
designed exclusively for residential use and arranged or intended
to be occupied by one individual household or family living independently
of other individual households or families. Each dwelling unit is
considered a multiple dwelling unit, whether owner-occupied or utilized
as a rental apartment.
[Amended 12-13-2005 by L.L. No. 69-2005]
A building in which there is no more than one dwelling unit
comprised of one or more rooms with provisions for cooking, living,
sanitary and sleeping facilities designed exclusively for residential
use and arranged or intended to be occupied by one individual household
or family living independently of other individual households or families.
A single-family detached dwelling is considered a one-family dwelling,
whether owner-occupied or utilized as a rental.
[Amended 12-13-2005 by L.L. No. 69-2005]
A dwelling containing two principal dwelling units for the
occupancy of two families and their domestic servants.
[Amended 10-25-2005 by L.L. No. 57-2005]
A dwelling containing two principal dwelling units for the
occupancy of two families and their domestic servants, if any, that
share a common wall at the lot line, and that are on separate lots.
[Added 10-25-2005 by L.L. No. 57-2005]
A building or part of a building where the unit consists
of one or more rooms with provisions for cooking, living, sanitary
and sleeping facilities designed exclusively for residential use and
arranged or intended to be occupied by one individual household or
family living independently of other individual households or families.
[Amended 12-13-2005 by L.L. No. 69-2005]
A studio apartment with sanitary and kitchen accommodations which meets the size and occupancy limitations and special standards of Article IIA of Chapter 330, Zoning.
[Added 12-13-2005 by L.L. No. 69-2005]
A field of force that consists of both electric and magnetic
components, resulting from the motion of an electric charge and containing
a definite amount of electromagnetic energy as measured in milligauss
(mG).
[Added 2-28-2023 by L.L. No. 9-2023]
Any person who works or performs in or for an adult establishment,
either on a regular basis or on single or multiple separate occasions,
regardless of whether or not said person is paid a salary, wage or
other compensation by the operator of said business.
[Added 10-26-2001 by L.L. No. 48-2001]
[Added 3-27-1984 by L.L. No. 6-1984; amended 9-10-1985 by L.L. No. 7-1985; 3-25-1986 by L.L. No. 5-1986]
Any number of persons occupying a single nonprofit
dwelling unit, related by blood, marriage or legal adoption, living
and cooking together as a single housekeeping unit.
Any number of persons, occupying a single nonprofit
dwelling unit, not exceeding five, living and cooking together as
a single housekeeping unit where all are not related by blood, marriage
or legal adoption. A group of persons whose association or relationship
is transient or seasonal in nature, rather than of a permanent and
domestic character, shall not be considered a family.
Notwithstanding the provisions of Subsection B of this definition, a group of unrelated persons numbering more than five shall be considered a family upon a determination by the Zoning Board of Appeals that the group is the functional equivalent of a family pursuant to the standards enumerated in Subsection E herein.
In determining whether a group of more than five unrelated person constitutes a family for the purpose of occupying a dwelling unit, as provided for in Subsection C of this definition, the Zoning Board of Appeals shall utilize the standards enumerated in Subsection E in making said determination. Before making a determination under this subsection, the Board of Zoning Appeals shall hold a public hearing, after public notice, as provided under § 330-164. The fee for such an application shall be $75. Said application shall be on a form to be provided by the Zoning Board of Appeals.
In making a determination under Subsection D, the Zoning Board of Appeals shall find that:
The group is one which in theory, size, appearance
and structure resembles a traditional family unit.
The group is one which will live and cook together
as a single housekeeping unit.
The group is of a permanent nature and is neither
a framework for transient or seasonal living nor merely an association
or relationship which is transient or seasonal in nature. Nothing
herein shall preclude the seasonal use of a dwelling unit by a group
which otherwise meets the standards of this subsection at its permanent
residence.
In no case shall a dwelling be occupied by more than the number of persons permitted under § 330-108 of this chapter.
All other requirements of this chapter regarding
the use and occupancy of dwelling units shall be complied with.
Any determination under this subsection shall
be limited to the status of a particular group as a family and shall
not be interpreted as authorizing any other use, occupancy or activity.
Persons occupying group quarters, such as a
dormitory, fraternity or sorority house or a seminary, shall not be
considered a family.
A structure bounding an area of land designed to either limit
access to the area or to screen such area from view, or both.
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A filling station may include accessory facilities
for rendering service for motor vehicles, such as lubrication, washing
and minor repairs.
The actual occupied area, not including unoccupied accessory
areas or thickness of walls.
[Added 4-22-2008 by L.L. No. 25-2008]
A term used in floodplain regulations that gives an extra
margin of flood protection elevation above the established base floor
elevation for any given location in the floodplain.
[Added 8-9-2005 by L.L. No. 41-2005;
amended 1-10-2006 by L.L. No. 3-2006]
A sloping or pitched roof of a building having a pitch with
a minimum slope of between five inches of rise over 12 inches of run
and eight inches of rise over 12 inches of run. The peak of such a
roof may be either a point or a line and must be consistent with cottage-style
architecture.
[Added 12-21-2023 by L.L. No. 46-2023]
A building used for the storage of motor vehicles and all
types of farm machinery and conveyances owned and regularly used by
or on behalf of the owner or tenant of the lot on which it is erected
and only for a purpose accessory to the permitted use of the lot.
A building, other than a private garage, used for adjustment,
painting, replacement of parts or other repair of motor vehicles or
parts thereof, whether or not accessory or incidental to another use.
A structure utilized for seed germination, plant propagation,
hardening-off or forcing or maintenance of a controlled climate to
sustain plant growth otherwise not possible in natural out-of-door
surroundings. The retail or wholesale sales of such products raised
on-premises is permitted, except that sale of live or fresh products
not raised or produced on premises shall not be permitted. The sale
of other products produced or otherwise prepared or manufactured off
premises shall be prohibited.
[Added 10-23-1984 by L.L. No. 19-1984]
A structure utilized for seed germination, plant propagation,
hardening-off or forcing or maintenance of a controlled climate to
sustain plant growth otherwise not possible in natural out-of-door
surroundings. The retail or wholesale sale of such products raised
on premises is permitted as is the sale of live or fresh products
not raised or produced on the premises. The sale of other products
produced or otherwise prepared or manufactured off premises shall
be permitted only if such products are related to agriculture or horticulture.
[Added 10-23-1984 by L.L. No. 19-1984]
An accessory building or structure subordinate to a dwelling,
not exceeding 500 square feet in area, intended and used solely for
the private enjoyment of the residents thereof.
[Added 10-23-1984 by L.L. No. 19-1984]
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure.
[Added 9-27-2016 by L.L. No. 10-2016]
A space in a building for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces
and similar areas are not considered habitable space.
[Added 12-23-2002 by L.L. No. 54-2002; amended 8-9-2005 by L.L. No. 41-2005]
The center of a hamlet area that is often characterized by
a mixture of nonresidential and residential uses. Hamlet centers typically
are pedestrian-oriented areas of mixed commercial, residential, and
civic uses that generally include higher-density forms of housing
and access to public transportation. Hamlet centers are identified
on the Map of Hamlet Centers and Village Centers filed in the office
of the Town Clerk. The zoning classifications that generally define
a hamlet center typically allow for shopping, personal services, and
community facilities which include but are not limited to Village
Business (VB), Shopping Center Business (SCB), and Hamlet Commercial/Residential
(HC).
[Added 10-12-2004 by L.L. No. 29-2004]
Heritage resources are man-made objects at least 50 years
old that are connected to human activity. These resources could be
any buildings used to house human or animal activities, i.e., homes,
sheds, garages, mills, barns, agricultural buildings, offices, schools,
churches, commercial and public-use buildings. It could be structures
such as bridges, canals, roads, docks, fences, monuments and sculptures.
It could also be burying grounds, trails, archaeological and commemorative
or historic sites. These resources when grouped together help convey
the special heritage of an area Hamlet Heritage Resource Area selection
is an honorary title bestowed in recognition of the special character
of a neighborhood, hamlet or area. It honors the properties and the
community that has cherished its historic heritage. Properties selected
as part of a Hamlet Heritage Resource Area are not subject to additional
restrictions, uses or regulations. Properties selected as Hamlet Heritage
Resource Areas are not designated as Town landmarks or Town historic
districts. The Hamlet Heritage Resource Area selection is for honorary
purposes only.
[Added 8-12-2003 by L.L. No. 63-2003]
[Amended 5-13-1986 by L.L. No. 7-1986; 8-9-2005 by L.L. No. 41-2005; 4-22-2008 by L.L. No. 25-2008; 5-27-2014 by L.L. No. 17-2014]
For buildings and structures in any AE or VE
Zone as shown on the applicable Flood Insurance Rate Map (FIRM) prepared
by the Federal Emergency Management Agency for the Town of Southampton,
the vertical distance measured from elevation 0 NAVD (88) to the highest
point of the highest roof or, in the case of a structure, to the highest
point.
In all other cases, the vertical distance measured
from the average elevation of the existing natural grade (before any
fill has been or is proposed to be placed thereon) as established
on a plan prepared by a licensed professional surveyor, at and along
the side of the building or structure fronting on the nearest street
to the highest point of the highest roof or, in the case of a structure,
to the highest point. On all flag lots and lots utilizing a right-of-way,
the flagpole access or right-of-way shall be considered the street
front.
A district, site, building, structure or object significant
in American history, architecture, engineering, archeology or culture
at the national, state, or local level.
[Added 12-22-2011 by L.L. No. 48-2011]
An establishment licensed by the State of New York Department
of Social Services primarily engaged in providing temporary or transitional
residential care, room, board, supervision, information and/or referrals
to persons voluntarily seeking such service.
[Added 12-22-1992 by L.L. No. 54-1992]
Any gainful occupation customarily conducted within a dwelling
by the residents thereof that is clearly secondary to the residential
use and that does not change the character of the structure as a residence.
Said activity shall not occupy more than 1/3 of the ground floor area
of the dwelling or its equivalent elsewhere in the dwelling if so
used, and further provided that there shall be no external evidence
other than an announcement sign, and in no event shall there be any
equipment used in connection with said occupation which is capable
of emanating noise outside the structure. However, home occupations
shall not be construed to include such uses as the following: clinic
or hospital, barbershop or beauty parlor, restaurant, breeding kennel
or antique dealer.
The office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, real estate broker or salesman, insurance broker or agent or teacher, as herein restricted, provided that not more than two persons who are not members of the family are employed by or are associated with said office use. If more than two persons who are not members of the family are employed by or are associated with said office use, a home professional office use shall be prohibited and can only be treated as a use variance as a commercial office by the Zoning Board of Appeals. Each lot shall only have one such home professional office use. If more than one home professional office is requested, a home professional office shall be prohibited and can only be treated as a use variance by the Zoning Board of Appeals. Such home professional office may either be in the main building, provided that it shall not occupy more than 1/2 of the area of one floor of said building, or, in the case of an accessory structure which is clearly incidental and secondary to the residential building, said office or studio shall not occupy more than the equivalent of 1/2 of the minimum first-floor area of the principal dwelling for the respective district as provided in §§ 330-104 through 330-108 of this chapter. There shall be no external evidence other than an announcement sign, and in no event shall there be any equipment within the office which is capable of emanating noise outside the structure. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. For the purposes of this definition, a teacher shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at one time. Dancing instruction, band instrument or piano or voice instruction, tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home professional offices. The home professional office of a physician shall not include a biological or other medical testing laboratory.
[Amended 4-24-2001 by L.L. No. 13-2001]
A facility, being a land use together with buildings and
accessory structures, designed and used for the boarding, breeding,
raising, training or stabling of four or more horses or other equines,
as either a commercial or noncommercial (private) enterprise.
[Added 6-12-1990 by L.L. No. 14-1990]
A home licensed by the state and operated by a certified
hospice agency, which is residential in character and physical structure,
and is operated for the purpose of providing more than two hospice
patients, but not more than eight hospice patients, with hospice care.
[Added 5-26-2009 by L.L. No. 22-2009]
Includes public or private buildings, structures, premises
or places, together with the grounds thereof, which are used primarily
for medical services, including but not limited to general and specialized
hospitals, clinics, infirmaries, sanitariums or asylums, and certified
by the State of New York.
[Added 10-26-2001 by L.L. No. 48-2001]
A building or group of buildings, whether detached or in
connected units, containing individual guest units providing sanitary
and sleeping facilities or tourists and vacationers on a transient
basis.
[Amended 6-8-1993 by L.L. No. 15-1993]
Any number of persons, related or unrelated, legally occupying a dwelling, not to exceed the maximum occupancy requirements pursuant to § 330-108.
[Added 10-25-2005 by L.L. No. 57-2005]
A movable one-family dwelling originally equipped with or
having a vehicular chassis but lacking one or more of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration. See "mobile home."
[4]As defined in § 216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
A development geared to serve the housing and lifestyle needs
of active seniors (age 55 years and up). Retirement communities typically
include on-site recreational amenities such as clubhouse, tennis,
and a swimming pool.
[Added 8-13-2002 by L.L. No. 29-2002]
The authenticity of a property's historic identity, evidenced
by the survival of physical characteristics that existed during the
property's historic or prehistoric period.
[Added 12-22-2011 by L.L. No. 48-2011]
Any land or structure or part thereof exceeding 300 square
feet in area and used for collecting, storage or sale of wastepaper,
rags, scrap metal or other scrap or discarded materials or for the
collecting, dismantling, storage or salvage of machinery or vehicles
not in running condition or for the sale of the parts thereof.
Shall have a quality of significance in American history,
architecture, archaeology and culture as may be found in a district,
site, building, structure or object of state and local importance
that possesses integrity of location, design, setting, materials,
workmanship, feeling and association and that is associated with an
event that has made a significant contribution to the broad patterns
of our history; or that is associated with the life of a person significant
in our past; or that embodies the distinctive characteristics of a
type, period or method of construction; or that represents the work
of renowned architect or craftsman; or that possesses high artistic
value; or that represents a significant or distinguishable entity
whose components may lack individual distinction; or that has yielded
or may be likely to yield information in prehistory or history, all
of the above criteria of evaluation being the same required for the
National Register pursuant to the provisions of the National Historic
Preservation Act of 1966. Furthermore, in order to constitute an historical
or cultural landmark within the meaning of this chapter, the authenticity
of the landmark must be acknowledged by the Landmarks and Historic
District Board or such other expert or experts as may be designated
for this purpose by the Town Board.
[Amended 10-28-2014 by L.L. No. 25-2014]
Includes public or private buildings, structures, premises
or places, together with the grounds thereof, which are used primarily
for collection and use of books, periodicals, manuscripts, publications,
recordings, maps or other materials for reading, viewing, listening,
study, archives, athenaeums, reference and research.
[Added 10-26-2001 by L.L. No. 48-2001]
Also called a “continuing-care retirement community”
(CCRC), a life-care facility is a development which encompass multifaceted
housing options, typically providing independent living, assisted
living, and guaranteed nursing care, to accommodate the lifestyle
needs of seniors as they age in place. Life-care facilities offer
a complete continuum of senior housing and health-care services.
[Added 8-13-2002 by L.L. No. 29-2002]
Group or dormitory housing in a building(s) that include
cooking and sleeping for employees and is located on the same property
as an eighteen-hole golf course.
[Added 3-14-2023 by L.L. No. 14-2023]
A parcel of land occupied or capable of being occupied by one or more principal buildings and accessory buildings or uses in accordance with the provisions of this chapter, including such open spaces as are required by this chapter, except that a parcel of land located within a single-family, residential district (CR-200, CR-120, CR-80, CR-60, CR-40, R-120, R-80, R-60, R-40, R-20, R-15, and R-10) shall be occupied by only one single-family detached dwelling subject to the conversion of §§ 330-130 and 330-10 and Residence Districts Table of Use Regulations, Subsection A(4).
[5]The total horizontal area of a lot exclusive of land in the
bed of any street or right-of-way or waterway.
A lot at the junction of and fronting on two or more intersecting
streets having an interior angle of less than 135º at their intersection.
A lot abutting upon a curved street shall also be considered a corner
lot if the tangents to the curve at the points of intersection of
the side lot lines intersect at an interior angle of less than 135º.
The portion of the lot area covered by the area of a building
or buildings.
The length of the shortest line which can be drawn from the
front lot line to the rear lot line which crosses the portion of the
lot on which a building can be located.
[Added 12-9-1986 by L.L. No. 20-1986]
A lot having road frontage less than the required 40 feet
at the street line, and where access is provided by means of a narrow
strip of land running from the street to the bulk of the lot.
[Added 2-11-2003 by L.L. No. 7-2003;
amended 5-27-2003 by L.L. No. 44-2003]
A lot other than a corner lot.
The street right-of-way line at the front of a lot, except
that:
In the case of a flagpole lot, the front lot
line used for the determination of width of lot and the required front
yard shall be one of the internal lot lines designated by the owner.
In the case of a waterfront lot, with the exception
of an oceanfront lot:
[Amended 7-10-1990 by L.L. No. 19-1990]
A waterfront lot line shall be considered the
front lot line. The line opposite the front lot line shall be considered
the rear lot line.
When a lot is formed by a waterfront lot line
and a street right-of-way line intersecting, as in this section, such
lot shall be considered a corner lot.
When a rear lot line is a street right-of-way
line, the required rear yard for an accessory building or structure
shall be double the required rear yard in the applicable zone.
The lot line opposite the front lot line.
Any lot line not a rear lot line nor a front lot line shall
be deemed a side lot line.
A lot extending from one street frontage through to another
street frontage or to a municipal off-street parking lot frontage.
The dimension measured from side lot line to side lot line
along a line perpendicular to the average depth line of the lot at
the required minimum front yard depth or at a depth exceeding the
required minimum front yard which is to be the location of the front
line of the principal building and is commonly called the building
setback line, provided that rear yard requirements are met.
As defined in §216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
A facility for the berthing and fueling of all types of recreational
watercraft. The term "marina" shall not be deemed to include the term
"boatyard" or to include out-of-water storage, restaurant or repair
facilities, fishing stations or similar activities.
As defined in §216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
A business that is registered to operate in the State of
New York that sells or otherwise distributes marijuana to certified
patients, designated caregivers or practitioners.
[Added 3-22-2022 by L.L. No. 10-2022]
An intermediate level or levels between the floor and ceiling
of any story with an aggregate floor area of not more than 1/3 of
the area of the room or space in which the level or levels are located.
[Added 8-9-2005 by L.L. No. 41-2005]
As defined in § 330-5 of the Town Code as follows: A family whose aggregate annual income is between the income of 80% to 110% to of the median-family income promulgated for the Nassau-Suffolk primary metropolitan statistical area and published annually by the Secretary of the United States Department of Housing and Urban Development pursuant to Section 3(b)(2) of the United States Housing Act of 1937 [42 U.S.C. § 1437a(b)(2)] and Part 813, Subpart A, Section 102, of Title 24, Subtitle B, of the Code of Federal Regulations (24 CFR 813.102).
[Added 5-14-2002 by L.L. No. 10-2002]
As defined in §216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
A movable one-family dwelling originally equipped with or
having a vehicular chassis and provided with all of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration. See "house trailer."
A residential land use designed for the location of two or
more mobile homes in designated mobile home spaces and including appurtenant
facilities and accessory services for residents only.
A family whose aggregate annual income does not exceed the
income limits for lower-income families (i.e., families earning no
more than 80% of the median family income for a family of that size)
promulgated for the Nassau-Suffolk primary metropolitan statistical
area and published annually by the Secretary of the United States
Department of Housing and Urban Development pursuant to Section 3(b)(2)
of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)(2)] and
Part 813, Subpart A, Section 102, of Title 24, Subtitle B, of the
Code of Federal Regulations (24 CFR 813.102).
[Amended 2-23-1999 by L.L. No. 1-1999]
As defined in §216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
A building or group of buildings, whether detached or in
connected units, containing individual guest units providing cooking,
sanitary and sleeping facilities for tourists and vacationers on a
transient basis.
[Amended 6-8-1993 by L.L. No. 15-1993]
Includes public or private buildings, structures, premises
or places, together with the grounds thereof, which are used primarily
for galleries, archives, treasuries, exhibitions, depositories and
repositories where works of art, scientific specimens or other objects
of permanent value are kept and displayed for reading, viewing, listening,
study, archives, athenaeums, reference and research.
[Added 10-26-2001 by L.L. No. 48-2001]
A solar energy system’s maximum electric power output
under optimal operating conditions. Nameplate capacity may be expressed
in terms of alternating current (AC) or direct current (DC).
[Added 2-28-2023 by L.L. No. 9-2023]
The period from 1:00 a.m. of one day to 7:30 a.m. of the
same day.
[Added 3-25-1986 by L.L. No. 5-1986]
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption, subject to regulatory
authority of the New York State Liquor Authority and consisting of
one or more of the following characteristics: age restrictions or
cover charges for admission; hours of operation which extend beyond
the normal dining times for breakfast, lunch or dinner; and dancing
to music. The accessory or incidental sale of food or snacks shall
not entitle such a use to be considered a restaurant or a bar/tavern
under other provisions of this Code.
[Added 4-13-2004 by L.L. No. 14-2004]
The absence of aviation-related uses conducted on, in relation
to, or in connection with the use of a premises including, but not
limited to, air freight, air commercial, air cargo, or drone deliveries
and/or activities.
[Added 5-11-2021 by L.L. No. 18-2021]
A building or structure lawfully existing at the effective
date of this chapter or any amendment thereto affecting such building
or structure, which does not conform to the dimensional regulations
of this chapter for the district in which it is situated, irrespective
of the use to which such a building or structure is put.
Any lot lawfully existing in single and separate ownership
at the effective date of this chapter or any amendment thereto affecting
such lot, which does not conform to the dimensional regulations of
this chapter for the district in which it is situated. If such lot
shall thereafter be held in the same ownership as an adjoining parcel,
it shall lose its status as a nonconforming lot, except to the extent
that the lot created by the merger of the two parcels shall remain
nonconforming in the same respect.
Any use of a building, structure, lot or land or part thereof
lawfully existing at the effective date of this chapter or any amendment
thereto affecting such use, which does not conform to the use regulations
of this chapter for the district in which it is situated. A temporary
authorization of a permit for a prohibited use granted by the Board
of Appeals prior to the adoption of this chapter or any amendment
thereto shall not be construed to establish a nonconforming use as
herein defined, and therefore, any such authorization and its related
use shall terminate upon the expiration thereof.
Any industry which is not detrimental to the environment
in which it is located by reason of emission of smoke, noise, odor,
dust, vibration or excessive light beyond the limits of its lot or
by reason of generating excessive traffic with attendant hazards;
which does not require domestic or process water in excess of 40 gallons
per employee or does not discharge any effluent into the ground that
does not meet Suffolk County Health Department standards designed
to protect against contamination or pollution; and which does not
include outdoor processing of materials or open accessory storage
yards unless completely enclosed by a solid wall or fence not less
than six feet in height.
[6]The appearance, or state of dress, of a person, viewable
by one or more other persons, wherein human genitals, pubic region,
buttocks, anus or female breasts below a point immediately above the
top of the areola are exposed or less than completely and opaquely
concealed.
[Added 10-26-2001 by L.L. No. 48-2001]
All land lying between the mean high-water level and the
crest of the most seaward dune. In cases where there is no dune present,
then the ocean beach shall be all land lying between the mean high-water
mark and the naturally occurring beach grass or the upland vegetation
if no naturally occurring beachgrass is present.
[Amended 12-23-1986 by L.L. No. 22-1986]
Business or commercial enterprises, other than those specifically
set forth by definition in this section, that offer or feature, for
any form of consideration or gratuity, adult entertainment through
any mediums as one of its principal business purposes.
[Added 10-26-2001 by L.L. No. 48-2001]
Includes active and passive public lands designated for park
purposes by the Town of Southampton, County of Suffolk, State of New
York, United States of America, or any other subdivision of government.
[Added 10-26-2001 by L.L. No. 48-2001]
A specific main use of a building, structure, lot or land
or part thereof which this chapter provides for in a particular district
as a matter of right. Any use which is not listed as a permitted,
special exception or accessory use shall be considered a prohibited
use.
An active solar energy system that absorbs sunlight and converts
the solar energy directly into electricity. The energy production
of a solar panel is measured in the number of kilowatt-hours (kWh)
(example: a 250-watt solar panel will produce approximately 1 kWh
of solar power per day).
[Added 2-28-2023 by L.L. No. 9-2023]
Establishments primarily engaged in operating facilities
featuring exercise and other active physical fitness conditioning,
whether or not on a membership basis. Health clubs, spas, and similar
establishments providing aerobic dance, exercise, and yoga classes
are also included here. Health resorts and spas providing lodging
are not included in this category.
[Amended 3-11-2003 by L.L. No. 20-2003]
A structure wholly or partially outdoors constructed on the
ground consisting of a playing area of whatever composition used to
engage in the game of pickleball. A backstop, if constructed, consisting
of netting, fencing, or similar material and designed to prevent the
passage of play balls shall also be part of a pickleball court.
[Added 12-12-2023 by L.L. No. 40-2023]
A subdivision of land under the terms of this chapter. A
planned industrial park shall be an industrial development of land
based on an overall development approved by the Planning Board in
accordance with the Subdivision Regulations procedure of the Town
in which the dimensional regulations of this chapter may be varied
as provided in this chapter.
A subdivision of land under the terms of this chapter. A planned residential development shall be a residential development of land based on an overall development plan approved by the Planning Board in accordance with the Subdivision Regulations procedure of the Town in which the dimensional regulations of this chapter and the type of housing may be varied as provided in Chapter 247 of the Town Code and where certain lands are set apart as permanent open space or common land.
The out-of-doors raising of landscape or ornamental plants
for wholesale. No retail sale shall be permitted either as a principal
or as an accessory use.
[Added 10-23-1984 by L.L. No. 19-1984]
Public lands designated for recreational or athletic purposes
by any school district, library district, the Town of Southampton,
County of Suffolk, State of New York, United States of America, or
any other subdivision of government.
[Added 10-26-2001 by L.L. No. 48-2001]
Any shelter constructed as an accessory to a private body
of water or receptacle for water used or intended to be used for swimming
or bathing, provided that said shelter is not designed, equipped or
used for cooking or sleeping purposes.
[Added 12-27-1988 by L.L. No. 28-1988]
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a preservation
project.
[Added 12-22-2011 by L.L. No. 48-2011]
A use of a building, structure, lot or land or part thereof
which is not listed as a permitted, special exception or accessory
use.
A garden designed for educational purposes with scientifically
ordered and maintained collections of plants, usually documented and
labeled, and open to the general public on a regular and predetermined
basis for purposes including, but not limited to, scientific research,
conservation, display and education. A public garden shall be operated
by a philanthropic or governmental organization or affiliated with
an educational institution.
[Added 7-14-2015 by L.L.
No. 19-2015]
Point of access area for public bus or rail service, i.e.,
municipal bus stop or train station. Public transit areas are identified
on the Map of Road Classifications, Transportation Facilities, and
Public Transit filed in the office of the Town Clerk.
[Added 10-12-2004 by L.L. No. 29-2004]
The act or process of depicting, by means of new construction,
the form, features, and detailing of a nonsurviving site, landscape,
building, structure, or object for the purpose of replicating its
appearance at a specific period of time and in its historic location.
[Added 12-22-2011 by L.L. No. 48-2011]
Any combination of structures, machinery or devices at a
location where recyclables are collected and sorted for transportation
to an alternate site.
[Added 4-11-1989 by L.L. No. 8-1989]
The act or process of making possible a compatible use through
repair, alterations, and additions while preserving those portions
or features which convey its historical, cultural, or architectural
values.
[Added 12-22-2011 by L.L. No. 48-2011]
Includes buildings, structures, premises or places, together
with the grounds thereof, which are used primarily for religious worship
and for which an application has been made and granted for tax exemption,
including but not limited to churches, synagogues, mosques, pagodas,
temples, chapels, monasteries, convents, nunneries, cloisters, abbeys,
tabernacles or shrines.
[Added 10-26-2001 by L.L. No. 48-2001]
The act of moving a building or structure from one location
to another location either on the same parcel or to a different parcel.
[Added 12-22-2011 by L.L. No. 48-2011]
Any change, addition or modification in construction or occupancy
or structural repair or change in primary function to an existing
structure that affects or could affect the usability of the building
or facility or part thereof. Renovations include, but are not limited
to, rehabilitation, reconstruction, historic restoration, changes
or rearrangement of the structural parts or elements, and changes
or rearrangement in the plan configuration of walls and full-height
partitions.
[Added 12-22-2011 by L.L. No. 48-2011]
A building for experimentation in pure or applied research,
design, development and production of prototype machines or devices
or of new products and uses accessory thereto. With respect to the
application of this chapter, such research institute or laboratory
shall meet the standards of a nonnuisance industry.
A multiple dwelling in which residents have exclusive ownership
of particular dwelling units and, in addition, an interest in the
common elements associated with the building or buildings in which
the particular dwelling unit is located. Interval or time sharing
forms of ownership and use shall be deemed included in this definition.
A multiple dwelling in which residents have an ownership
interest in the entity which owns the building(s) and, in addition,
a lease or occupancy agreement which entitles the residents to occupy
a particular dwelling unit within the building. Interval or time sharing
forms of ownership and use shall be deemed included in this definition.
[7]A structure used to store household equipment (including
garden equipment, lawn furniture and bicycles) and having a maximum
gross floor area of 120 square feet with a height not greater than
12 feet. A residential storage shed shall have no external illumination.
[Added 6-10-2003 by L.L. No. 47-2003]
An establishment serving food or drink wherein the service,
such as the ordering, delivery or payment, is performed by a carhop,
waiter or waitress located outside the confines of a building, to
patrons seated in a stationary automobile parked on the premises,
and where such consumption is allowed, encouraged or permitted on
the premises.
[Added 10-6-2000 by L.L. No. 15-2000]
An establishment where food or drink is served from within
an enclosed building, to patrons seated in automobiles located outside
the confines of the building, for immediate consumption, and where
all or part of such consumption occurs outside the confines of the
building or off the premises.
[Added 10-6-2000 by L.L. No. 15-2000]
An establishment in which food is pre-prepared and sold over
a counter in disposable containers and wrappers, selected from a limited
menu for immediate consumption on or off the premises, and where there
are two or more cashier stations available to patrons.
[Added 10-6-2000 by L.L. No. 15-2000]
[Added 10-23-1990 by L.L. No. 27-1990; amended 10-6-2000 by L.L. No. 15-2000]
An establishment where food or drink are prepared
and served within an enclosed building, and predominantly consumed
by customers seated at tables on the premises, and shall not include
drive-in, drive-through or fast-food restaurants, take-out restaurants
or bars, taverns or nightclubs.
Bar and lounge areas serving beverages shall
be accessory to the principal restaurant use. The gross floor area
devoted to an accessory bar or lounge area shall constitute no more
than 1/4 of the total gross floor area of the dining area.
An establishment serving food or drink prepared and served
within an enclosed building and sold over a counter for immediate
consumption primarily off the premises, and which has a customer service
area limited to four tables or space for no more than 15 customers
to eat within the establishment at one time, seated or otherwise,
including delicatessens, lunch counters, luncheonettes and ice cream
and pizza parlors, but excluding fast-food restaurants, drive-in or
drive-through restaurants, fast-food restaurants or bars, taverns
or nightclubs.
[Added 10-6-2000 by L.L. No. 15-2000]
The act or process of accurately depicting the form, features,
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
[Added 12-22-2011 by L.L. No. 48-2011]
A group of three or more permitted or special exception uses
on one or more lots under common ownership or control in one or more
buildings with a gross leasable floor area not exceeding 60,000 square
feet.
[Added 12-8-1992 by L.L. No. 50-1992[8]]
A group of three or more permitted or special exception uses
on one or more lots under common ownership or control in one or more
buildings with a gross leasable floor area not exceeding 30,000 square
feet.
[Added 12-8-1992 by L.L. No. 50-1992]
A retail business center exceeding 60,000 square feet.
[Added 12-8-1992 by L.L. No. 50-1992]
A housing development which is age restricted and provides
amenities to accommodate the lifestyle needs of seniors. Retirement
communities typically include on-site recreational amenities, such
as clubhouse, tennis, and a swimming pool. Retirement communities
have been further defined in this section as being exclusively, or
in combination, for independent living, assisted living, or continuing
care/life care.
[Added 8-13-2002 by L.L. No. 29-2002]
A solar panel system located on the roof of any legally permitted
building or structure.
[Added 9-27-2016 by L.L. No. 10-2016]
A one-family detached dwelling in which a room or rooms are let to roomers or boarders as permitted by Article II of this chapter. The proprietor of a rooming house must be its owner, who shall also reside on the premises. A rooming house may not be occupied by more than a family as that term is defined and the number of roomers or boarders permitted by § 330-10 of this chapter.
[Added 3-27-1984 by L.L. No. 6-1984]
Includes buildings, structures, premises or places, together
with the grounds thereof, which are used primarily for public or private
educational facilities, as recognized and defined by the New York
State Department of Education, including but not limited to preschools;
kindergartens; and nursery, elementary, primary, intermediate, junior
high, middle, secondary, high, vocational, special education and continuation
schools.
[Added 10-26-2001 by L.L. No. 48-2001]
A month, but not more than six months, where any portion
is during the summer.
[Added 3-25-1986 by L.L. No. 5-1986]
A facility consisting of a building or group of buildings
in a controlled-access compound that contains varying sizes of individual
compartmentalized and controlled access stalls or lockers for the
dead storage of customer's goods and wares.
[Added 3-9-1993 by L.L. No. 6-1993]
In connection with senior citizen housing, an individual who meets the occupancy restrictions of housing established under the provisions of Article III, Senior Citizen Planned Residential Development (SCPRD), or the occupancy restrictions of retirement communities and continuing-care, life-care and assisted-living facilities established under Article XXVI, Planned Development District (PDD), § 330-240 et seq., or the eligibility criteria for a senior citizen housing unit as defined in § 216-2 and § 216-5E of the Town Code.
[Amended 8-13-2002 by L.L. No. 29-2002; 12-13-2005 by L.L. No. 69-2005]
A higher-density, age-restricted residential land use designed
to help make possible housing opportunities for seniors, with accommodations
to meet lifestyle needs as they age in place.
[Added 8-13-2002 by L.L. No. 29-2002]
Includes buildings, structures, premises or places, together
with the grounds thereof, which are used primarily for public or private
hospitals, libraries, museums, religious institutions, schools, parks,
playgrounds or playing fields.
[Added 10-26-2001 by L.L. No. 48-2001]
Any kind of repetitive shooting at targets, including trap
and skeet, and using legally authorized firearms. Shooting shall not
be interpreted to include the hunting of game birds and animals.
Majority of the products sold are those items not ordinarily
taken from the premises by the buyer and which normally require delivery.[9]
The access of a solar energy system to direct sunlight.
[Added 2-28-2023 by L.L. No. 9-2023]
Devices or systems that use solar radiation as an energy
source for generation of electricity or transfer of stored heat where
a "cell" is the basic element of a photovoltaic (PV) system, a "module/panel"
is multiple cells electrically connected and an "array" is multiple
modules/panels connected to create a solar energy system.
[Added 2-28-2023 by L.L. No. 9-2023]
Radiant energy received from the sun that can be collected
in the form of heat and light by a solar collector.
[Added 2-28-2023 by L.L. No. 9-2023]
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
[Added 9-27-2016 by L.L. No. 10-2016]
A solar energy system whose primary purpose is to harvest
energy by transforming solar energy into another form of energy or
transfers heat from a collector to another medium using mechanical,
electrical, or other means.
[Added 9-27-2016 by L.L. No. 10-2016; amended 2-28-2023 by L.L. No. 9-2023]
Concrete blocks (or similar) used to secure an array to the
ground or the roof and prevent wind lift or other movement, all without
having to make any penetration into the supporting surface. Ballasted
systems are typically used on solar installations unable to penetrate
either the roof or the ground.
[Added 2-28-2023 by L.L. No. 9-2023]
An elevated structure that hosts solar panels typically installed
over required parking lots or other hardscape areas or features in
a commercial or municipal facility setting.
[Added 2-28-2023 by L.L. No. 9-2023]
A photovoltaic system that is connected to an electric circuit
served by an electric utility.
[Added 2-28-2023 by L.L. No. 9-2023]
A solar energy system of any size, accessory or primary use
that is structurally mounted to the ground and is detached from any
other structure.
[Added 2-28-2023 by L.L. No. 9-2023]
An active solar energy system that occupies more than 5,000
square feet of surface area up to a maximum aggregate of 20 MW.
[Added 2-28-2023 by L.L. No. 9-2023]
A solar energy system of any size that is structurally mounted
to the roof of a legally permitted building or structure.
[Added 2-28-2023 by L.L. No. 9-2023]
A solar energy system that occupies 5,000 square feet of
surface area or less.
[Added 2-28-2023 by L.L. No. 9-2023]
A device capable of collecting and converting solar energy
into electrical or thermal energy.
[Added 9-27-2016 by L.L. No. 10-2016]
An active solar energy system that uses collectors to convert
the sun’s rays into useful forms of energy for water heating,
space heating, or space cooling.
[Added 2-28-2023 by L.L. No. 9-2023]
A use in one or more districts, for which the Planning Board may grant a permit pursuant to the provisions of Article XVII.
[Amended 5-13-1986 by L.L. No. 7-1986]
Includes, with regard to the human body:
[Added 10-26-2001 by L.L. No. 48-2001]
Includes, with regard to the human body, actual or simulated
depictions or descriptions of:
[Added 10-26-2001 by L.L. No. 48-2001]
Unroofed playing surfaces not exceeding 7,200 square feet
and unroofed swimming pools.
[Added 8-9-2005 by L.L. No. 41-2005]
An on-site queuing lane for motorized vehicles which is separated
from other vehicular traffic and pedestrian circulation by barriers,
markings or signs.
[Added 2-25-2003 by L.L. No. 13-2003]
That portion of a building which is between one floor level
and the next higher floor level or the roof. If a mezzanine floor
area exceeds 1/3 of the area of the room or space immediately below,
it shall be deemed a story. A basement shall be deemed to be a story
when the finished floor immediately above is six feet or more above
the average elevation of the finished grade. An attic shall be deemed
to be a story where it meets the requirements for habitable space.
For properties located within special flood hazard areas (FEMA flood
zones), the lowest level of a dwelling shall not be deemed to be a
story so long as it:
[Amended 8-9-2005 by L.L. No. 41-2005; 8-8-2017 by L.L. No. 20-2017]
Any federal, state, county or Town highway or road or any
street shown upon a subdivision plat filed in the County Clerk's office
and any private road providing access to subdivided land existing
prior to the adoption of this chapter.
Any street or highway so classified by the Town of Southampton
Master Plan of 1970 and subsequent amendments thereto, if any.
The dividing line between a lot and a street right-of-way.
Anything constructed or erected on or under the ground or
upon another structure or building, excluding walkways and driveways.
Any fish trap, gill net, holding net, oyster raft or similar
structure expressly used for the catching or temporary holding of
finfish or the raising of shellfish.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 12-22-2011 by L.L. No. 48-2011]
Any repair, renovation, reconstruction, rehabilitation, addition
or improvement of a building or structure, the cost of which equals
or exceeds 50% of the market value of the structure before the improvement
or repair is started. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the
actual repair work performed. The term does not, however, include
either:
[Added 12-22-2011 by L.L. No. 48-2011]
Any project for improvement of a building required to correct
existing health, sanitary or safety code violations identified by
the Code Enforcement Official and that are the minimum necessary to
assure safe living conditions.
Any alteration of a historic structure, provided that the proposed
alteration will not preclude the structure's potential or continued
historic designation, as determined by the Landmarks and Historic
Districts Board.
June 1 through August 31 of any year.
[Added 3-25-1986 by L.L. No. 5-1986]
Any structure intended for swimming or recreational bathing
that contains water over 24 inches (610 mm) deep. This includes in-ground,
aboveground and on-ground swimming pools, hot tubs and spas.
[Amended 3-11-2003 by L.L. No. 24-2003]
A structure constructed on the ground consisting of a playing
area of whatever consistency used to engage in the game of tennis
and having a permanent or temporary net. A backstop, if constructed,
consisting of netting, fencing or similar material and designed to
prevent the passage of tennis balls shall also be part of a tennis
court.
The presentation of motion pictures on one or more screens or stage productions within a building on a paid admission basis and which in no case shall contain greater than a total of 800 seats. However, within the Village Business (VB) District, the total allowable number of seats may be increased to a maximum of 1,200 by the Town Planning Board subject to §§ 330-182, 330-93 through 330-101 and 330-157 of this Code. A community theater shall constitute one use, notwithstanding that said use may include more than one screen or auditorium within the building.
[Amended 2-13-1996 by L.L. No. 3-1996]
A building or buildings devoted to showing motion pictures
on one or more screens or stage productions on a paid admission basis
and which contains greater than 800 seats or has a rated occupancy,
as determined by the Southampton Town Department of Fire Prevention,
of greater than 800 persons. A regional theater shall constitute one
use, notwithstanding that said use may be included in more than one
building or that more than one screen or auditorium may be located
in a building. Where the enterprise is located within separate buildings,
said enterprise shall be considered a regional theater where the total
number of seats or occupancy exceeds 800.
The upland area along the shore of the Atlantic Ocean and
the various bays in the Town of Southampton where flooding is anticipated
during a standard project design hurricane, including wind setup and
wave run-up factors, as set forth in this chapter and approximately
as determined by the Corps of Engineers in its Interim Hurricane Study,
Atlantic Coast of Long Island, New York, Jones Inlet to Montauk Point
(Remaining Areas), dated December 1965, and as set forth on the Flood
Insurance Rate Map prepared for the Town of Southampton by the Federal
Emergency Management Agency, dated June 1, 1983, and as may be amended
from time to time.
[Amended 7-10-1990 by L.L. No. 19-1990]
All those areas within the Town of Southampton customarily
inundated regularly or intermittently by normal tidal cycles and/or
peak lunar tides, including salt marshes which shall be presumed to
be those areas upon which some, but not necessarily all, of the following
grow or are capable of growing: salt hay (Spartina patens), spike-grass
(Distichlis spicata), black grass (Juncus gerardi), cordgrass (Spartina
alterniflora), saltworts (Salicornia species), sea lavender (Limonium
carolinanus), salt-marsh bulrushes (Scripus species), sand spurrey
(Spergularia marina), high tide bush (Baccharis halimifolia,) marsh-elder
(Iva frutescens), cattails (Typha species), and spike rush (Eleocharis
rostellata).
Daily or weekly.
[Added 3-25-1986 by L.L. No. 5-1986]
As defined in § 216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
As defined in § 216-2 of the Town Code.
[Amended 2-23-1999 by L.L. No. 1-1999; 12-13-2005 by L.L. No.
69-2005]
As defined in § 216-2 of the Town Code.
[Added 12-13-2005 by L.L. No. 69-2005]
The design of products and environments to be usable by all
people, to the greatest extent possible, without the need for adaptation
or specialized design. In housing environments, universal design is
a flexible, inclusive process aimed at enabling all occupants access
regardless of size, age, or abilities, including but not limited to
accessibility code compliance. The diverse needs of the development's
population should be accommodated in a cost-effective yet dignified
and pleasant manner assuring a convenient, safe, and secure environment
for all persons residing in such development, whether active or physically
challenged, youthful or elderly.
[Added 12-23-2002 by L.L. No. 54-2002]
A modification of the regulations of this chapter granted on grounds of practical difficulties or unnecessary hardship pursuant to the provisions § 330-166.
A variance from the requirements for lot coverage or front, rear or side yard (including total side yard) setbacks, pursuant to § 330-11, 330-34 or 330-38 hereof, or from § 330-115D, provided that the variance does not reduce the lot coverage and/or reduce the setback in question by more than 25%.
[Added 4-13-1993 by L.L. No. 10-1993]
Any motor vehicle as defined by § 125 of the Vehicle
and Traffic Law.
[Added 3-25-1986 by L.L. No. 5-1986]
The center of an incorporated village within the Town, which
is often characterized by a mixture of nonresidential and residential,
uses. Village centers typically are pedestrian-oriented areas of commercial
and civic uses, which generally include higher-density forms of housing
and access to public transportation. Village centers are identified
on the Map of Hamlet Centers and Village Centers filed in the office
of the Town Clerk. The zoning classifications that generally define
a village center include those that typically allow for shopping,
personal services, and community facilities.
[Added 10-12-2004 by L.L. No. 29-2004]
A design criterion that affords all persons basic access
to residential buildings. Access features to visitable homes include
a zero-step entrance, accessible hallways, and bathrooms with doors
wide enough for a wheelchair user to enter. Such features on the first
level of a dwelling make the home visitable to guests with disabilities
and can help a resident adapt in his/her home should the resident's
needs change due to disability, age, or reduced mobility.
[Added 12-23-2002 by L.L. No. 54-2002]
A structure of wood, stone or other materials or combination
thereof intended for defense, security, screening or enclosure or
for the retention of earth, stone, fill or other materials as in the
cases of retaining walls or bulkheads.
A commercial, recreational or not-for-profit activity, facility
and/or establishment which requires direct access to tidal surface
waters as an integral part of its daily operation. A water-dependent
use shall be construed to include the following activities, facilities
and establishments: marinas, yacht basins and all similar facilities
which provide short-term and/or long-term dockage/berthing for recreational
and commercial watercraft; fishing piers; party/charter/excursion
boat services; boat and canoe rental; and public swimming beach, but
not water-enhanced uses, which are defined separately in this chapter.
[Added 3-14-1995 by L.L. No. 14-1995]
A commercial, recreational or not-for-profit activity, facility
and/or establishment that does not absolutely require a waterfront
location in order to function, but which contributes to the economic
viability of water-dependent uses or which increases the public's
enjoyment of the waterfront. Water-enhanced uses shall be construed
to include restaurants; resort motels; bed-and-breakfasts; retail
shops/outdoor markets; offices of marine-related services; marine-related
not-for-profit philanthropic, fraternal, scientific research, social
or educational institutional offices or meeting rooms; picnic grounds;
public parks; maritime museums and outdoor theaters.
[Added 3-14-1995 by L.L. No. 14-1995]
A grouping of three or more business uses on a single waterfront
lot or on two or more adjacent lots which when combined make a single
site of which a portion enjoys water frontage, and carried out in
accordance with an approved master site plan for unified parking,
access, landscaping, pedestrian circulation, architecture, drainage,
waste disposal and the like and which will support at least one water-dependent
use.
[Added 3-14-1995 by L.L. No. 14-1995]
Weekly, but not to exceed a month, by the same person in
any calendar year.
[Added 3-25-1986 by L.L. No. 5-1986]
An access corridor provided for wildlife to freely navigate/migrate
from one habitat extent to another.
[Added 2-28-2023 by L.L. No. 9-2023]
An accessory structure designed and constructed or erected
for the purpose of converting wind energy into mechanical or electrical
power.
An open, unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the principal building
and the front lot line of the lot and extending from side lot line
to side lot line in the case of interior lots. Corner lots shall have
two such front yards situated between the nearest roofed portion of
the principal building and the front lot line along each street.
[10]A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the rear lot line of the lot and extending from side lot line
to side lot line.
[11]A space on the same lot with a building, situated between
the nearest roofed portion of the principal building or buildings
and the side lot line of the lot and extending through from the front
yard or from the front lot line, where no front yard exists, to the
rear yard or to the rear lot line where no rear yard exists.
[12]The official map adopted by the Town Board of the Town of
Southampton, as amended from time to time.
[Added 6-8-1999 by L.L. No. 10-1999]
[1]
Editor's Note: Section 3 of this local law stated as follows: "Existing accessory apartments lacking a certificate of occupancy may achieve conforming status without a violation being prosecuted by applying for a building permit within one year of the effective date of this local law and complying with the requirements of this section." This local law shall remain in effect until December 31, 1994.
[2]
Editor's Note: See diagrams for court and
open space situations included at the end of this chapter.
[3]
Editor's Note: The former definition of “Director
of Housing,” which was added 12-13-2005 by L.L. No. 69-2005
and which immediately followed, was repealed.
[4]
Editor's Note: The former definition of “Housing
Director,” which was added 12-13-2005 by L.L. No. 69-2005 and
which immediately followed, was repealed 8-12-2008 by L.L. No. 46-2008.
[5]
Editor's Note: The Residence Districts Table of Use Regulations is located at the end of this chapter.
[6]
Editor's Note: The former definition of “nursery
school,” which immediately followed this definition, was repealed
9-14-1993 by L.L. No. 30-1993.
[7]
Editor's Note: The former definition of "restaurant,"
which immediately followed this definition, was repealed 10-23-1990
by L.L. No. 27-1990. The former definition of "restaurant: fast-food,
drive-in, take-out and counter-service," added by the same local law,
was superseded 10-6-2000 by L.L. No. 15-2000. See now the individual
definitions of "fast-food restaurant," "drive-in restaurant" and "take-out
restaurant."
[8]
Editor's Note: Section 6, Applicability, of this local law stated as follows: "This local law shall not apply to any shopping center or planned retail center proposal for which site plan approval has been granted by the Planning Board before this local law's effective date, provided that the site plan is signed by the owner pursuant to § 330-184K and a building permit is obtained within one year of the effective date of this local law."
[9]
Editor's Note: The former definitions of "sign," "billboard sign," "identification sign," "professional or announcement sign," "real estate or construction sign," and "temporary sign," which immediately followed, were repealed 11-9-2004 by L.L. No. 38-2004. See now § 330-201.
[10]
Editor's Note: See diagrams for front, side
and rear yards on file in the office of the Town Clerk.
[11]
Editor's Note: See diagrams for front, side
and rear yards on file in the office of the Town Clerk.
[12]
Editor's Note: See diagrams for front, rear
and side yards on file in the office of the Town Clerk.
