Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[Amended 5-13-1986 by L.L. No. 7-1986; 8-23-2005 by L.L. No. 44-2005]
A. 
Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be not less than five feet from the main building.
B. 
A private garage may be constructed as a structural part of a main building, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.
C. 
No accessory building, structure, or use shall be permitted on a lot or plot unless a main or principal building already exists on said lot or plot and has a valid certificate of occupancy or a valid building permit has been issued and is in effect for the construction or erection of a main or principal building. This restriction shall not apply to agricultural or farm buildings or structures.
[Amended 6-8-2010 by L.L. No. 17-2010; 7-13-2010 by L.L. No. 21-2010]
(1) 
However, where a property owner owns two or more contiguous conforming residential lots in common ownership, at least one of which is improved with a single-family dwelling, an accessory building or structure may be constructed on any vacant conforming contiguous lot, provided that the applicant demonstrates the existence of sufficient buildable area to construct a principal structure on the lot upon which the accessory structure is to be constructed. Should common ownership of the contiguous lots cease, the accessory building or structure must be removed within six months or the owner of the lot without a principal structure must obtain a building permit for a principal building or structure within six months. For purposes of this provision only, "common ownership" shall be deemed to refer to:
(a) 
Title to contiguous properties being held in the same name(s);
(b) 
Title to contiguous properties being held by a married or registered domestic couple with any combination of one or both names on either deed; or
(c) 
An individual or married or registered domestic couple holding title to one or both of the contiguous properties in the name of one or more corporations, limited-liability companies, trusts, family limited partnerships, or any other similar beneficial entities.
(2) 
Prior to the issuance of any permit for said accessory building or structure on the conforming contiguous lot, the Building Inspector shall take into consideration any applicable overlay district(s) on the parcel and its resultant impact, including, but not limited to, clearing restrictions in the Aquifer Protection Overlay District (APOD).
(3) 
The Building Department shall note, on the certificate of occupancy or certificate of compliance issued for said accessory building or structure on the conforming contiguous lot, that said building or structure is permitted pursuant to Town Code § 330-76C and, thus, is subject to change upon conveyance of either parcel.
D. 
Accessory buildings and structures, including private garages, shall not be placed within a required front yard, a required side yard nor the total required side yard for a principal building, except as allowed elsewhere in this chapter.
E. 
An access driveway may be located within a required yard.
F. 
Accessory off-street parking or truck loading areas shall be improved in accordance with Town specifications.
G. 
Required accessory off-street parking areas or truck loading space shall not be encroached upon by buildings, open storage or any other use.
H. 
The storage of manure or of odor- or dust-producing substances as an accessory use shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.
I. 
All accessory buildings, structures or land used for animal husbandry shall conform to the provisions of § 330-79.
J. 
The keeping of more than two dogs more than six months old in outdoor shelters or pens or the keeping of any horses or farm livestock on the premises shall conform to the provisions of § 330-79, except in the case of a veterinarian, veterinary hospital or kennel.
K. 
A wind energy conversion system may be constructed or erected in the applicable zones as prescribed in the Tables of Use Regulations, provided that:
(1) 
Such wind energy conversion systems shall be set back from all property lines, aboveground utility lines, radio or television towers or other wind energy conversion systems a distance equal to or greater than the distance from existing grade at the foot of the tower to the top of the sweep of the blade or rotor system.
(2) 
No such system shall be located in a required yard.
(3) 
All guy wires and anchors shall be located at least 10 feet from any property lines.
(4) 
No wind energy conversion system shall be constructed until a building permit has been issued to the property owner by the Building Inspector. Each application shall be accompanied by a complete plan drawn to scale showing the location of the tower on site, existing grade elevation, location of all structures, aboveground power lines or other utility lines within a radius equal to the distance from existing grade at the foot of the tower to the top of the sweep of the blade or rotor system and dimensions and sizes of the various structural components of the tower's construction. Also submitted shall be a detail design of the entire structure, including footings, tower, rotor or blade system and any other component of the wind energy conversion system, with computations submitted by a registered professional engineer licensed in the State of New York certifying that the tower (including footings and rotor system) is designed to comply with the wind load requirements of the New York State Building Construction Code. It shall also be certified by said engineer that the energy conversion system is designed so as not to exceed the peak load requirements of the user(s) of the system.
(5) 
No climbing pegs shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single pole or guyed towers. A six-foot-high fence with a locking portal shall be required to enclose lattice towers.
(6) 
The minimum distance between the ground and any part of the rotor or blade system shall be 15 feet.
(7) 
An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation at wind speeds greater than 40 miles per hour.
(8) 
All power transmission lines from the tower to any building or other structure shall be located underground.
(9) 
No television, radio or other communication antennas may be affixed or otherwise made part of such wind energy conversion system.
(10) 
Wind energy conversion systems shall not cause interference with radio and/or television broadcasting or reception and shall comply with the provisions of 47 CFR 15 (Federal Communications Commission), as exists or as may be amended.
(11) 
Evidence satisfactory to the Building Inspector shall be submitted that the wind energy conversion system complies with the regulations of the Federal Aviation Administration Part 77, Subchapter B, as exists or as may be amended.
(12) 
All necessary approvals of other agencies having jurisdiction over such installation, including but not limited to a New York Board of Fire Underwriters inspection certificate, shall be presented to the Building Inspector of the Town of Southampton prior to the issuance of a building permit. In addition, the owner of the premises on which said system is to be erected shall sign a statement prepared by the Town acknowledging the provisions of § 330-76K(16) of this article and agreeing that the issuance of a permit for the construction of said wind energy conversion system is subject to such provisions. No person other than the owner of the premises may sign such statement.
[Amended 1-10-2006 by L.L. No. 2-2006]
(13) 
Property owners may construct a wind energy conversion system for their use in common, but such a system may not be rented or leased to any other corporation or individual and shall be for the sole use and benefit of the owners of property which utilize such system or the tenants or lessees of such property. The mechanical or electrical energy produced or generated by such system may not be sold or otherwise made available to any individual or corporation other than the owner, tenant or lessee of the subject properties, or a public utility regulated by the Public Service Commission. If such wind energy conversion system is to be used in common, all owners and users of such system shall be made part of the application, and appropriate underwriter certificates, etc., shall be submitted for all properties, buildings and structures to be served by such system.
(14) 
A certificate of compliance indicating that the wind energy conversion system has been built in conformance with the plans and specifications filed with the Building Department shall have been issued prior to the operation of the wind energy conversion system.
(15) 
No alterations, additions, modifications, substitutions or deletions shall be made to such wind energy conversion system without approval of the same pursuant to the provisions of this article.
(16) 
The Building Inspector and/or the Town Engineer shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a wind energy conversion system has been constructed to inspect all parts of said wind energy conversion system installation and require that repairs or alterations be made if, in his judgment, there exists a deficiency in the operation or in the structural stability of the system. If necessary, the Building Inspector or Town Engineer may order the system secured or otherwise cease its operation. It shall not be required that the owner or his agent be present in the event of an emergency situation involving danger to life, limb or property.
L. 
Solar energy systems. All such systems are permitted as an accessory use in all zoning districts when the primary purpose is for producing electricity or thermal energy for on-site consumption.
[Added 9-27-2016 by L.L. No. 10-2016]
(1) 
Roof-mounted solar energy systems.
(a) 
All such systems are subject to the requirements of § 123-39.1.
(b) 
Height: shall not exceed the maximum height restrictions of the zoning district within which they are located.
(c) 
Aesthetics. Roof-mounted solar energy system installations shall incorporate the following design requirements:
[1] 
When feasible, solar energy equipment shall be installed inside walls and attic spaces to reduce its visual impact. If solar energy equipment is installed externally, then it shall be placed in the side or rear yard of the subject building so as not to be visible from a public right-of-way. If solar energy equipment is visible from a public right-of-way, it shall match the color scheme of the underlying structure.
[2] 
Panels facing the front yard must be mounted at the same angle as the roof's surface, with a maximum distance of six inches between the roof and highest edge of the system.
(2) 
Ground-mounted solar energy systems.
(a) 
Maximum height shall not exceed 10 feet.
(b) 
Shall adhere to the setback requirements pursuant to § 330-77G, as well as transition yard requirements pursuant to § 330-83, as may be applicable, but in no case shall it be located closer than 10 feet to any property line.
(c) 
All such systems shall be installed in the side or rear yards.
[Amended 12-27-1988 by L.L. No. 28-1988; 6-10-2003 by L.L. No. 47-2003; 10-26-2004 by L.L. No. 32-2004; 8-23-2005 by L.L. No. 44-2005]
A. 
Accessory off-street parking areas shall not be located in a required front yard or side yard and shall be not less than 10 feet from any property line in a required rear yard.
B. 
No commercial vehicle nor any house trailer, mobile home, boat or boat trailer or any similar equipment shall be parked in any front yard or in any required side yard or within 10 feet of any property line in a required rear yard.
C. 
The height of any accessory building located or constructed in any residential zone shall not have a height greater than 20 feet. However, this restriction shall not apply to agricultural or farm buildings.
D. 
Accessory buildings and/or structures to be located or constructed in any residential zone in the required rear yard for a main or principal building shall not occupy more than 20% of such required rear yard, except for the area of the footprint associated with a ground-mount energy system having a minimum output of five kilowatts and decks and patios within 12 inches of grade. The total lot coverage shall not exceed the maximum lot coverage provided in § 330-11.
[Amended 9-27-2016 by L.L. No. 10-2016]
E. 
A residential storage shed as defined in § 330-5 shall be permitted in the rear yard of a lot if it meets the rear and side yard setbacks for accessory structures as defined in § 330-11 of the Town Code. Residential storage sheds that are located on lots 80,000 square feet and less in all zoning districts, except waterfront lots, shall be allowed to have a minimum side and rear yard setback of 10 feet. This relief shall be granted for one residential storage shed per lot.
F. 
A deck, unroofed steps, patio, or terrace abutting or attached to a principal dwelling shall be subject to accessory structure setbacks, with the exception of distance from street regulations, as described in § 330-11.
G. 
Residential pool equipment, generators, and electrical equipment are not considered accessory structures and are exempt from accessory structure setbacks, but must maintain a ten-foot setback from all property lines, except for property located wholly within an R-10 Residential Zoning District, where an eight-foot setback from all property lines must be maintained. Screening from abutting properties and noise mitigation to comply with § 235-1, the definition of "noise pollution," is required.
[Added 4-22-2008 by L.L. No. 23-2008]
[Amended 9-8-1987 by L.L. No. 5-1987; 8-26-2003 by L.L. No. 65-2003]
Except in the HO and HC Districts, accessory off-street parking areas may be located in required front, side or rear yards, provided they are set back at least 10 feet from all property lines. In the HO and HC Districts, no off-street parking shall be permitted in the front yard. Such accessory off-street parking shall, however, not encroach on required transitional yards established in accordance with § 330-83G. The Planning Board may allow accessory off-street parking areas to be set back less than the above-required 10 feet, so long as the Planning Board finds that the location of such off-street parking areas facilitates the coordination of joint access driveways and/or joint parking areas with neighboring commercial properties.
[Amended 7-26-2011 by L.L. No. 25-2011]
A. 
In CR and R Districts, the following shall apply to the keeping of animals in all forms, except the keeping of animals as household pets:
(1) 
Animal husbandry shall only be permitted on sites of 10 acres or more.
(2) 
All shelters provided for livestock, fowl or fur- and woolbearing animals shall be at least 150 feet from any street line and 200 feet from any other property line, except that an existing shelter may remain and be added to, provided that the addition shall not encroach on a required yard.
(3) 
The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problem.
B. 
In CR and R Districts, agricultural and gardening uses shall comply with the following requirements:
(1) 
Cover crops shall be planted or sown on all cultivated land of one acre or more within two weeks of the date when crops are harvested therefrom and in no event later than October 30 of any year. Such crops shall be grown and maintained in such condition as to protect the soil against wind erosion at all times to the full extent possible after the use of such due diligence as a reasonably prudent farmer or gardener would employ or exercise under all circumstances.
[Added 5-11-1993 by L.L. No. 13-1993; amended 11-7-1994 by L.L. No. 54-1994; 5-13-1997 by L.L. No. 10-1997; 6-14-2005 by L.L. No. 21-2005; 7-25-2006 by L.L. No. 41-2006; 9-14-2010 by L.L. No. 31-2010; 4-26-2011 by L.L. No. 11-2011]
A. 
Permit required. It shall be unlawful to sell at retail crops and other farm-related products at an accessory farmstand, unless the farmer-operator shall apply for and receive a permit from the Chief Fire Marshal. Said permit shall allow the farmer-operator to erect, maintain, use or operate, on a temporary basis, a farmstand as an accessory use, as set forth in this section. Said temporary permit shall be known as a "farmstand permit."
B. 
No permit shall be required for the person who intends to sell crops he or she grows in the Town of Southampton at a single roadside stand with a display area less than 40 square feet in area.
C. 
The application for said permit shall be in a form prepared by the Chief Fire Marshal and shall include at least the following items of information:
(1) 
The name(s) and address(es) of the property owner, the farmer-applicant (if other than the owner) and of any professional engaged to work on the application.
(2) 
Where the farmer-applicant is not the owner of the property where the farmstand is located, written authorization with a notarized signature from the owner for the submission of the application.
(3) 
The location of the property upon which the farmstand is to be situated and the location of the lands in agricultural production associated with this application.
(4) 
The Suffolk County Tax Map number(s) shall be provided for all parcels involved in the application.
(5) 
A written statement describing and listing all crops grown by the farmer-applicant which will be eligible for sale at the farmstand. Said list may be based upon the crops listed in the New York State Guide to Farm Fresh Foods, published by the New York State Department of Agriculture and Markets. The Chief Fire Marshal may also accept, as additional proof, the farmer's seed order list for the current growing season.
(6) 
A written statement describing and listing all supporting products which are intended for sale at the farmstand.
(7) 
An informal site plan, sketch or survey map of the roadside stand parcel, depicting the location and setbacks of all buildings, structures, displays, signs, off-street parking areas, driveways and other significant natural or man-made features within 100 feet of the farmstand.
(8) 
A sworn notarized statement signed by the farmer-applicant agreeing to abide by the provisions of this section and all other applicable statutes, ordinances and regulations governing the sale of crops and other farm products, and that the farmer-applicant agrees to remove all temporary buildings, structures and/or signs erected pursuant to this temporary farmstand permit within 30 days of the closing of the farmstand.
D. 
There shall be a filing fee for each application for a temporary farmstand permit in an amount to be established, and changed as needed, by resolution of the Southampton Town Board.
E. 
In addition to the requirements of this section, any other standards, codes, rules or regulations which may be applicable to the erection, maintenance, use or operation of a temporary farmstand shall apply, including location in an appropriate zoning district as regulated by §§ 330-10, 330-33 and 330-37 (Tables of Use Regulations). All temporary farmstands accessing county roads shall receive a Suffolk County Highway work permit prior to issuance of a temporary farmstand permit.
F. 
Special standards.
(1) 
Temporary farmstand permit. The Chief Fire Marshal may issue a permit for the retail sale of crops and other farm-related products at an accessory farmstand for a maximum period of nine successive months in any twelve-month period. The permit issued by the Chief Fire Marshal shall state the expiration date of such temporary permit.
(2) 
Accessory use. The temporary farmstand shall be accessory to the principal use of growing crops by the farmer-applicant. The area devoted to the principal use of growing crops by the farmer-applicant shall be no less than 10 acres located in the Town of Southampton. The farmer-applicant may grow his or her products on a number of smaller parcels located in the Town, provided that the total number of acres where products are grown is no less than 10 acres and that all the parcels are part of a single agricultural operation under the control of the farmer-applicant.
(a) 
For purposes of this section, crops shall include field crops, fruits, vegetables, herbs and cut flowers.
(b) 
Notwithstanding the aforementioned restrictions, the farmer-applicant may sell supporting farm products and farm products not grown or produced by the farmer-applicant, provided that the total area of the temporary farmstand devoted to the sale of said products does not exceed 240 square feet, and further provided that the area devoted to the sale of said products shall not exceed 20% of the combined area of said products and the area devoted to the sale of products grown by the farmer. Supporting farm products include baked goods, eggs, cheese and milk, preserves, syrup, salad dressing, honey, juice, bottled water, foods processed locally from crops grown locally, apparel or similar items that promote the specific farmstand, and crops sold in addition to those grown by the farmer-applicant which are grown by a person or entity that is also engaged in bona fide agricultural production within the Town. Supporting farm products shall not include prepackaged grocery items, the sale of which is expressly prohibited at a temporary farmstand.
(c) 
The sale of roasted corn may be permitted subject to compliance with all applicable regulations and codes, including but not limited to Town Code Chapter 164.
(3) 
The portion of the farm on which the temporary farmstand use is located shall be no less than three acres. Exceptions are as provided for below:
(a) 
The farmstand is located in an agricultural accessory structure lawfully existing at the time of application.
(b) 
The farmer-applicant's property has been subdivided prior to application, but such property is contiguous with a portion of the farm that is not less than three acres.
(4) 
All temporary farmstand buildings, structures and displays shall be set back no less than 30 feet from the edge of pavement. In no case shall any part of the temporary farmstand buildings, structures and displays encroach on the public right-of-way.
(5) 
An area shall be provided for the informal parking of at least five vehicles off the public right-of-way.
(6) 
Nothing herein shall preclude the temporary use of a legally existing agricultural accessory building on a farm for the retail sale of crops and other farm-related products, provided that said building is set back no less than 30 feet from the edge of pavement. A temporary farmstand shall only be permitted in a preexisting agricultural accessory structure that has been issued a certificate of occupancy or a certificate of compliance for an agricultural-related use, or a certificate of occupancy for said use by virtue of preexisting status.
(7) 
A vehicle not exceeding 6,000 pounds' net weight or a typical farm wagon may be considered a permitted farmstand for the purpose of this permit. Either part of a vehicle customarily known as an "over-the-road tractor-trailer" shall not be permitted.
(8) 
A temporary farmstand may have a total of two temporary ground identification signs for the term of the temporary permit for said farmstand, provided that:
(a) 
Such signs shall not create a hazard to traffic.
(b) 
Each of the temporary ground identification signs shall not exceed 12 square feet in area and shall not be illuminated.
(c) 
Such signs may be single- or double-faced.
(d) 
Such signs shall not exceed six feet in height measured from the ground level.
(e) 
Such signs shall be located on the farm property not more than 150 feet from the intersection point of the front property line and a line perpendicular thereto to said farmstand. In no case shall any signs be located off-premises.
(f) 
Such signs shall be removed when the farmstand closes for the season.
(9) 
Since a farmstand, as permitted under this section, is an accessory use to the principal use of the agricultural production on certain lands, such a farmstand shall only be for the use of the farmer-applicant and his immediate family. In the event that such farmstand is used by any other person, company, corporation or business or commercial entity, whether it is rented, leased or the right of use transferred in any other way from the farmer-applicant to any other person, company, corporation or business or commercial entity, such a use shall not be deemed an accessory use and shall be deemed a violation of this chapter.
(10) 
The farmer-applicant agrees, in writing, to abide by the provisions of this section and to remove all temporary buildings, structures and signs erected under the temporary farmstand permit within 30 days of the closing of the farmstand. If the farmer-applicant fails to abide by any provisions of this section or fails to remove said temporary farmstand and temporary ground identification signs after the expiration of the temporary permit, it shall be deemed a violation of this chapter, and the provisions of § 330-186 shall apply.
(11) 
A farmer-operator may apply for the renewal of a temporary farmstand permit issued during the prior nine-month period. The application for renewal will be in a form established by the Chief Fire Marshal. The renewal will only be granted following a determination by the Chief Fire Marshal that the farmer-applicant has operated the temporary farmstand during the prior nine-month period in compliance with Subsection F, Special standards, and all other standards, codes, rules and regulations applicable to a temporary farmstand.
G. 
The Chief Fire Marshal may deny any application for or revoke any temporary farmstand permit if the farmer-operator fails to comply with any requirement of this section. Written notice of such denial or rescission, and the reasons for such determination, shall be mailed by the Chief Fire Marshal, by certified mail, return receipt requested, to the applicant at the address provided in the application.
H. 
If the Chief Fire Marshal denies any application for or revokes any temporary farmstand permit, the applicant may appeal to the Public Safety Commission, upon payment of the applicable fee. All requests for an appeal shall be made in writing and shall be filed with the Town Clerk within 10 days from the date of receipt of the written denial or rescission notification.
I. 
The Public Safety Commission shall refer the appeal to the Town Agricultural Advisory Committee for evaluation and recommendation. The Agricultural Advisory Committee shall submit an advisory report to the Public Safety Commission. In determining the appeal, the Public Safety Commission shall consider all available information, including said advisory report. After a duly noticed public hearing, the Public Safety Commission may grant or deny said temporary farmstand permit by resolution with findings, and shall notify the applicant of its determination by certified mail, return receipt requested, to the address provided in the application. The decision of the Public Safety Commission shall be final and shall constitute the exhaustion of the applicant's administrative remedy.
The minimum required lot area shall not include any underwater or tidal lands below the mean high-tide level, except that in a Tidal Wetlands and Ocean Beach Overlay District, marshlands customarily flooded at high tide may be included as part of such required lot area, pursuant to the provisions of Article VIII; however, the area of lots in a proposed subdivision shall conform to the applicable provisions of § 292-10 of the subdivision regulations of the Town of Southampton.
The calculation of the percentage of lot coverage shall include those lot areas covered by temporary structures and open storage of more than an incidental transitory character.
The minimum road frontage of a lot at the street line shall be at least 40 feet in all districts, except in those districts where there are no minimum lot area requirements and also in the case of approved flagpole lots where the minimum road frontage at the street line shall be at least 20 feet, and those minimums shall apply along the entire length of the flagpole.
[Amended 5-13-1986 by L.L. No. 7-1986; 12-9-1986 by L.L. No. 20-1986; 9-8-1987 by L.L. No. 5-1987; 7-10-1990 by L.L. No. 20-1990; 1-10-1995 by L.L. No. 3-1995; 5-13-2003 by L.L. No. 41-2003; 8-26-2003 by L.L. No. 65-2003; 10-26-2004 by L.L. No. 30-2004; 5-13-2008 by L.L. No. 29-2008]
A. 
The following accessory structures may be located in any required front or rear yard:
(1) 
Awning or movable canopy not exceeding 10 feet in height.
(2) 
Open arbor or trellis.
(3) 
Retaining wall, fence or masonry wall, pursuant to § 330-109 of the Town Code.
[Amended 7-28-2009 by L.L. No. 32-2009]
(4) 
Unroofed steps, deck, patio or terrace not higher than one foot above ground level.
(5) 
Accessory driveway structures, pursuant to Chapter 330, Article XXX, Driveway Standards, of the Town Code.
[Added 7-28-2009 by L.L. No. 32-2009]
B. 
The space in a required front yard shall be open and unobstructed, except for structures provided for in Subsection A and the following:
(1) 
An unroofed balcony projecting not more than eight feet into the yard.
(2) 
Other projections specifically authorized in Subsections C and D.
C. 
Every part of a required yard shall be open to the sky, unobstructed except for retaining walls and for accessory buildings in a rear yard and except for the ordinary projection of sills, belt courses and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches. Exterior cellar entrances, commonly known as "bilco doors," shall be exempt from setbacks, pursuant to § 330-11 of the Southampton Town Code, but must be located a minimum of five feet from all property lines and rights-of-way. The side of the bilco door facing the street and the side of the bilco door facing all adjacent properties along the side yard shall be screened from view.
D. 
Open or lattice-enclosed fireproof fire escapes or stairways required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.
E. 
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
F. 
In any residence district where 25% of the block frontage within 200 feet of a proposed building on either the same side of the street or across the street is already improved with buildings, the front yard of such proposed building shall be required to exceed the minimum required dimension stipulated in this chapter for the district in which it is situated in cases where the average front yard setback of the two nearest buildings within such 200 feet exceeds such minimum dimension; provided, however, that such increased front yard shall not be required to exceed the minimum required front yard prescribed for the district in which such proposed building is to be located by more than 10 feet.
G. 
The following minimum required transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines:
(1) 
Adjoining residential districts.
(a) 
The minimum required transitional side and rear yards shall be 50 feet.
(b) 
The minimum required side and rear transitional yards for nonresidential uses located in the HO or HC Zones shall be as follows:
[1] 
For buildings up to 3,000 square feet in size, the minimum side and rear transition yard shall be 20 feet.
(c) 
The minimum required screening within such transitional side and rear yards shall be a six-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Planning Board, subject to the applicable provisions of §§ 330-181 through 330-184, may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
(d) 
The minimum required transitional side and rear yards provided for in Subsection G(1) of this section may be modified by the Planning Board as part of site plan review pursuant to §§ 330-181 through 330-184 of this chapter where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished.
(2) 
Adjoining limited access and secondary highways.
(a) 
The minimum required transitional front yard shall be 20 feet in the OD, HO, HC, MTL and RWB Zones.
(b) 
The minimum required transitional front yard shall be 50 feet in the HB and LI-40 Zones.
(c) 
The minimum required transitional front yard shall be 100 feet in the SCB and LI-200 Zones.
(d) 
The minimum required screening within such transitional yards cited above shall be landscape plantings, including evergreen shrubs not less than one foot nor more than three feet high, and street trees meeting Town specifications.
(3) 
Adjoining all other streets (i.e., collector or minor streets). The minimum required transitional front yard shall be 20 feet in all nonresidential zones, unless the Planning Board finds for aesthetic and safety reasons that additional area is necessary.
H. 
In the Highway Business (HB) and Light Industrial (LI-40) Zones:
(1) 
In order to encourage commercial development whereby off-street parking is provided to the side(s) and rear of developing business sites and to encourage the provision of additional landscape materials and planting areas adjacent to the Town's major arteries, the minimum required front yard in the HB and LI-40 Zones shall be 50 feet, provided that within said required front yard there shall not be any off-street parking areas, truck loading spaces or paved vehicular maneuvering lanes [except for the entrance(s) and exit(s) to the site], and further provided that a detailed landscaping plan (prepared by a licensed professional) shall be submitted to the Planning Board along with or as part of the required site plan. Said landscaping plan shall depict the plant materials, sodded areas, etc., which are to be provided within such fifty-foot front yard. The Planning Board shall have the authority to reject the use of a fifty-foot minimum front yard in consideration of the setback of existing building(s) on adjacent properties should such buildings be located further than 50 feet from the street line.
(2) 
Off-street parking areas and paved maneuvering lanes may be included in such front yards, provided that such parking areas and lanes shall not be located within the required fifty-foot transitional front yard specified in Subsection G(2) and (3).
I. 
In the Shopping Center Business Zone. In order to encourage commercial development whereby off-street parking is provided to the side(s) and rear of developing business sites and to encourage the provision of additional landscape materials and planting areas adjacent to the Town's major arteries, a principal building, constructed or erected in the Shopping Center Business Zone after the effective date of this section, shall not have a front yard in excess of 100 feet, unless the required transitional yard is increased, and that such increase in the transitional yard shall be five feet for every 10 feet of increased front yard distance, and the increased front yard is approved by the Planning Board, contingent upon the submission of a detailed landscape plan (prepared by a licensed professional) for said transitional yard (planting area), which is to accompany the required overall site plan.
J. 
Notwithstanding any provision of this chapter to the contrary, in the case of corner lots:
(1) 
There shall be only one rear lot line. The rear lot line shall be the lot line opposite the shorter front lot line (exclusive of the corner arc). If the front lot lines are the same length, the Building Inspector shall determine the rear lot line.
(2) 
The rear yard shall be the 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 the required front yard of the longer front line.
(3) 
In the case of a waterfront lot line, the line opposite the waterfront shall be considered the rear lot line.
K. 
In all residence districts, where the approving authority under Chapter 325, Wetlands, of the Town Code has authorized a wetlands permit for a principal building requiring relief from the minimum required yards under § 330-11 of this chapter, a required yard of such proposed principal building may be reduced up to 50%; provided, however, that any such reduced front or rear yard shall not be less than 30 feet, and any such reduced side yard shall not be less than 10 feet, and where the Administrator under Chapter 138, Coastal Erosion Hazard Areas, has authorized a coastal erosion management permit requiring similar relief, a required front yard setback measured from an existing street or property northerly line paralleling the ocean may be reduced to not less than 30 feet. The relief herein shall only be the minimum necessary to achieve the maximum practicable buffer zones required under Chapter 325 or Chapter 138 of the Town Code.
A. 
Nothing herein contained shall restrict the height of the following architectural and structural features:
(1) 
On any building, except one- and two-family dwellings, a spire, cupola, dome, belfry or clock tower, provided that such spire, cupola, dome, belfry or clock tower does not constitute habitable space or a building story as defined by all applicable provisions of the Town Code or the New York State Uniform Fire Prevention and Building Code; and provided that such spire, cupola, dome, belfry or clock tower is approved as an integral element of the architectural style of the building by the Planning Board or Board of Architectural Review in accordance with the criteria set forth in § 330-171.
[Amended 4-11-1995 by L.L. No. 18-1995]
(2) 
A flagpole, chimney flue, elevator or stair bulkhead, water tank, stage tower or scenery loft as accessory facilities to permitted or special exception uses in a given district.
(3) 
Barns, silos or similar farm structures in districts where agriculture is a permitted use.
(4) 
A wireless communications tower or antenna or similar structure only if approved as a special exception use by the Planning Board.
[Amended 12-22-1992 by L.L. No. 54-1992; 11-24-1998 by L.L. No. 42-1998]
(5) 
Structures shown on a site plan approved in accordance with the provisions of Article XXII (QPSUD).
[Added 12-22-1992 by L.L. No. 54-1992]
B. 
No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:
(1) 
Have a lot coverage in excess of 10% of the lot area.
(2) 
Be used for residence or tenancy purposes.
(3) 
Have any sign, nameplate, display or advertising device of any kind whatsoever inscribed upon or attached to such building or structure.
C. 
No private radio or television antenna, mast or tower shall exceed the maximum permitted height prescribed for the district in which such proposed structure is to be located.
D. 
Pyramid Law.
[Added 12-22-1992 by L.L. No. 55-1992; amended 11-14-1997 by L.L. No. 38-1997; 6-10-1997 by L.L. No. 47-2003; 8-26-2003 by L.L. No. 65-2003; 5-13-2008 by L.L. No. 30-2008; 5-27-2014 by L.L. No. 17-2014]
(1) 
Except on lots in the Village Business (VB) District, Office District (OD), Hamlet Office/Residential (HO) District, Hamlet Commercial/Residential (HC) District, or Light Industrial (LI-40 and LI-200) Districts, all buildings and structures on any lot in any district must remain within the sky plane of the lot. The sky plane shall begin at all property lines from the average elevation of the existing natural grade (prior to any site disturbance) adjacent to that building or structure and extend inward at an angle of 45°. Notwithstanding any language in this subsection, the maximum height limitation for a building or structure in the dimensional tables of this chapter (§§ 330-11, 330-34 and 330-38)[1] shall not be exceeded at any point unless the structure is one exempted under Subsection A hereof or pursuant to Subsection D(2)(a) below. An illustration depicting a typical elevation view showing the control of height of buildings and structures under this subsection is included at the end of this chapter.
[1]
Editor's Note: The Tables of Dimensional Regulations are included at the end of this chapter.
(2) 
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 height of any building or structure must remain in the sky plane of the lot. The sky plane shall begin at all property lines at base flood elevation plus any free board required by the Residential Code of the State of New York and extend inward at an angle of 45°.
(a) 
Exception: Existing buildings and structures located in any AE or VE Zone may be elevated and exceed the sky plane and the maximum height set forth above in order to conform with current state and federal regulations
E. 
The maximum height in any AE or VE Zone as shown on the applicable Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for the Town of Southampton shall not exceed elevation +40 feet NAVD (88) plus required Residential Code of New York State freeboard or the maximum height in feet as shown on the table provided for in 330 Attachment 3, whichever is less.[2]
[Added 5-27-2014 by L.L. No. 17-2014]
[2]
Editor's Note: 330 Attachment 3, the Residence Districts Table of Dimensional Regulations, is included as an attachment to this chapter.
[1]
Editor’s Note: Former § 330-85, Schedule of permitted signs, was repealed 10-26-2004 by L.L. No. 35-2004. See now Article XXII, Signs.
[1]
Editor’s Note: Former § 330-86, Professional signs and announcement signs, was repealed 10-26-2004 by L.L. No. 35-2004. See now Article XXII, Signs.
[1]
Editor’s Note: Former § 330-87, Village and Highway Business District identification signs, as amended, was repealed 10-26-2004 by L.L. No. 35-2004. See now Article XXII, Signs.
[1]
Editor’s Note: Former § 330-88, All other nonresidential district identification signs, was repealed 10-26-2004 by L.L. No. 35-2004. See now Article XXII, Signs.
[1]
Editor’s Note: Former § 330-88.1, Signs in the HO and HC Districts, added 8-26-2003 by L.L. No. 65-2003, was repealed 10-26-2004 by L.L. No. 35-2004. See now Article XXII, Signs.
[1]
Editor’s Note: Former § 330-89, Real estate and construction signs, was repealed 10-26-2004 by L.L. No. 35-2004. See now Article XXII, Signs.
[1]
Editor’s Note: Former § 330-90, General provisions (regarding signs), as amended, was repealed 10-26-2004 by L.L. No. 35-2004. See now Article XXII, Signs.
[1]
Editor’s Note: Former § 330-91, Procedures, permits and fees for signs, as amended, was repealed 10-26-2004 by L.L. No. 35-2004. See now Article XXII, Signs.
[Amended 8-22-1989 by L.L. No. 15-1989]
In order to minimize traffic congestion, air pollution and the risk of motor vehicle and pedestrian accidents, as well as to promote other elements of sound community planning, off-street parking and truck loading spaces shall be provided and kept available as an accessory use to all permitted and special exception uses of buildings, structures and lots in amounts not less than those specified in this section. Subject to the provisions of § 330-100, the requirements of this section apply under the following circumstances:
A. 
All new buildings and structures erected for use on a property shall be subject to these requirements.
B. 
Any building and/or structure which is hereafter altered or enlarged shall be subject to these requirements.
C. 
All new uses of a property shall be subject to these requirements.
D. 
Any use of a property which is hereafter changed shall be subject to these requirements.
[Amended 8-22-1989 by L.L. No. 15-1989]
A. 
The requirement for a single use (e.g., a one-family dwelling or a retail store) shall be determined directly from the schedule of such requirements which is a part of this chapter.[1]
[1]
Editor's Note: See § 330-94.
B. 
The requirement for a combination use made up of several component uses (e.g., a bowling alley combined with an auditorium; a restaurant and bar; or a retail store combined with an office building or a storage area) shall be determined by establishing the requirement for each component use from the schedule of such requirements, which is a part of this chapter, and adding them together.
C. 
When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number.
D. 
If the use is not specifically listed in the schedule of such requirements, the requirements shall be the same as for the most similar use listed, as determined by the Planning Board.
E. 
When the schedule requires the number of spaces to be calculated per employee and employees are on the site in shifts, the number to be used is the number of employees present during the largest shift. In all other cases it shall mean the total number of employees on the site or who will use the site for parking at any one time.
F. 
A garage or a carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a one-family or two-family dwelling. No garage or other parking area shall be located under a motel, multiple dwelling (other than a two-family dwelling) or other commercial use without the explicit written permission of the Town Department of Fire Prevention and all other local agencies having jurisdiction to review and approve such a plan.
G. 
Uses which require approval pursuant to the special exception procedure set forth in § 330-121 may be required to provide off-street parking spaces in excess of the requirements of this section, as indicated in § 330-122I.
[Amended 8-9-1988 by L.L. No. 17-1988; 8-22-1989 by L.L. No. 15-1989]
The Schedule of Off-Street Parking Space Requirements for Residential Uses is as follows:
Uses
Number of Spaces Required
1-family and 2-family dwelling
2 per dwelling unit, plus 1 additional for each bedroom in excess of 3 bedrooms
Multiple dwelling
1.5 per efficiency unit
1.75 per 1-bedroom unit
2 per 2-bedroom unit
2.5 per unit with 3 bedrooms or more
Residential membership club or fraternity
1 per residence unit, plus 1 per each 2 employees on the premises at 1 time
Senior citizen housing
1.5 per unit
[Amended 10-3-1972; 5-13-1986 by L.L. No. 7-1986; 8-22-1989 by L.L. No. 15-1989]
The Schedule of Off-Street Parking Space Requirements for Nonresidential Uses is as follows:
Use
Number of Spaces Required
Assisted-living facility
[Added 1-23-2018 by L.L. No. 4-2018]
0.7 per assisted-living-unit bed (a maximum of 0.5 space per bed shall be located on standard pavement and the 0.2 space per bed balance shall be located on pervious grass pavers or similar treatment), plus 1 per peak shift employee
Automobile laundry, drive through, automatic (see "repair garage" for self-service facilities)
A minimum of 5, plus 1 per employee, plus a 15-space queuing line area for each laundry bay
Automobile sales lot and vehicle sales and rental (see "repair garage" for additional requirements)
1 per 500 square feet of building and lot area devoted to the use, plus 1 per employee. At least 25% of the number of spaces shall be available for customer parking.
Bank
[Amended 2-25-2003 by L.L. No. 13-2003]
1 per 200 square feet of building, plus 3 for each automated teller machine, but no fewer than 15 spaces
Bank drive-through, or drive-in
[Added 2-25-2003 by L.L. No. 13-2003]
1 per 200 square feet of building, drive-through, plus 3 for each drive-in automated teller machine, but no fewer than 15 spaces
Bowling alley
4 per alley
Building construction, general and special trade contractor
1 per 500 square feet of building area, plus 1 per employee. In addition, there shall be a separate parking area for all trucks larger than a pick-up (tractors, trailers or similar vehicles).
Church, gymnasium or other place of public assembly not otherwise classified
1 per 3 persons of rated occupancy as determined by the Town Department of Fire Prevention
Delicatessen, neighborhood convenience grocery store
1 per 100 square feet of gross floor area, but in no case fewer than 12 spaces
Drive-through or drive-in establishment not otherwise classified
[Amended 10-6-2000 by L.L. No. 15-2000]
Same as the use to which the drive-through or drive-in is accessory, except that queuing or stacking spaces shall not be counted as parking spaces
Dry cleaning and laundry service (drop-off/pick-up only)
1 per 50 square feet of service or counter area, plus 1 per employee
Filling station (see "repair garage" for additional requirements)
A minimum of 5, plus a 4-space queuing line area for each pump
Funeral home
1 per 3 persons of rated occupancy, as determined by the Town Department of Fire Prevention
Golf course
3 per hole, plus 1 per employee
Greenhouse, commercial farmstand and garden center
1 per 180 square feet of the area of the structure devoted to sales, plus 1 per 1,000 square feet of area devoted to display, plus 1 per employee
Home occupation and home professional office
In addition to the requirement for the dwelling, 2 for the first 400 square feet of area given over to this component of the land use, plus 1 per each additional 150 square feet or fraction thereof, plus 1 per each employee outside of the family
Hospice residence home
[Added 5-26-2009 by L.L. No. 22-2009]
1 per 2 beds plus 1 per employee
Hotel and motel
1 per guest bedroom, plus 1 per each 2 employees on the premises at 1 time
Laundromat (see also "laundry service" for additional requirements)
1 per each washing machine on premises
Manufacturing and industrial research establishment
1 per 300 square feet of gross floor area
Marina with no on-land boat storage or boatyard activities
0.5 per boat slip, mooring, dock space or similar unit of capacity, plus 1 per each employee
Marina with on-land boat storage or boatyard
1.5 per boat slip, mooring, dock space, boat stored on-site or similar unit of capacity, plus 1 per each employee (see § 330-76G also)
Medical office, medical arts or ambulatory care
1 per 150 square feet of gross floor area
Miniature golf
[Added 7-14-1998 by L.L. No. 18-1998]
2 per hole plus 1 per employee
Neighborhood convenience grocery store
[Added 10-6-2000 by L.L. No. 15-2000]
1 per 100 square feet of gross floor area, but in no case fewer than 12 spaces
Nightclub, discotheque, tavern and bar
2 per every 3 persons of rated occupancy as determined by the Town Department of Fire Prevention.
Nursing home and hospital
1 per each 2 beds, plus 10%
Office and office building not otherwise classified
1 per 180 square feet of gross net floor area
Outdoor sales lot and outdoor storage area not otherwise classified
1 per 1,000 square feet of lot area devoted to the use, plus 1 per employee
Planned commercial center mixed uses, greater than 40,000 square feet in gross floor area
1 per 180 square feet of gross floor area for new centers and 1 per 200 square feet for preexisting centers (in each case there is the same overall requirement for separate components)
Public or semipublic art gallery, studio, library or museum
1 per 3 persons of rated occupancy as determined by the Town Department of Fire Prevention, plus 1 per employee
Repair garage, auto finishing/hand-washing self-service car wash
4 per bay, plus 1 per employee, plus sufficient parking for all cars to be stored or serviced overnight
Restaurant, drive-through; restaurant, fast-food
[Amended 10-23-1990 by L.L. No. 27-1990; 10-6-2000 by L.L. No. 15-2000]
1 per 2 seats or 1 per 75 square feet of gross floor area, whichever is greater. Not less than 30 spaces in aggregate.
Restaurant, standard
[Amended 10-23-1990 by L.L. No. 27-1990; 10-6-2000 by L.L. No. 15-2000]
1 per 3 persons of rated occupancy as determined by the Town Department of Fire Prevention, plus 1 per employee at the peak shift
Restaurant, take-out
[Added 10-6-2000 by L.L. No. 15-2000]
1 per 150 square feet of gross floor area, but in no case fewer than 8 spaces
Retail, shop for custom work, personal service and other service use
1 per 180 square feet of gross floor area
School
1 per employee, plus 1 per each 8 students in the 12th grade or per each 2 students in higher grades, or the parking requirement for the auditorium or gymnasium component of the use, whichever is the greater
Self-service storage facility
[Added 3-9-1993 by L.L. No. 6-1993]
1 per 2,000 square feet of gross floor area, plus 1 per employee
Theater, stadium, auditorium and convention hall
See requirements in § 330-157B and C
Veterinarian and veterinary hospital
1 per 180 square feet of gross floor area
Warehouse, indoor storage[1]
1 per 1,000 square feet of gross floor area, plus 1 per employee
Wholesale business and other industrial nonmanufacturing
1 per 180 square feet of gross floor area of the use showroom, service or office area, plus 1 per 1,000 square feet of gross floor area for storage areas, plus 1 per employee
[1]
Editor's Note: The former entry for warehouse and miniwarehouse facility, which immediately followed this entry, was repealed 2-23-1993 by L.L. No. 6-1993.
[Amended 8-22-1989 by L.L. No. 15-1989]
Every building or structure or lot used for nonresidential purposes shall be provided with off-street truck loading spaces in accordance with the following schedule:
Floor Area
(square feet)
Number of Spaces Required
Under 5,000
None, unless the Planning Board deems 1 necessary
5,000 to 14,999
1
15,000 to 40,000
2
Over 40,000
1 for each additional 40,000 square feet above the requirement for the first 40,000 square feet
[Amended 5-13-1986 by L.L. No. 7-1986; 8-22-1989 by L.L. No. 15-1989; 7-10-1990 by L.L. No. 19-1990]
A. 
Not more than two parking spaces per dwelling unit may be rented to persons living off the premises in the case of a one-family or two-family dwelling use and not more than one parking space per each two dwelling units may be rented to persons living off the premises in the case of any other residential use.
B. 
Not more than one commercial vehicle shall be housed or parked in a private garage or off-street parking area. Such commercial vehicle shall not exceed a gross motor vehicle weight of 10,000 pounds or 25 feet in length.
C. 
A dwelling unit shall not have more than one vehicle for each conventional bedroom, plus one additional vehicle parked on the property at night, nor shall vehicles be parked on the street in violation of applicable parking regulations. The exemption provided for in § 330-100A of this chapter shall not apply to this provision.
[Amended 5-13-1986 by L.L. No. 7-1986; 8-22-1989 by L.L. No. 15-1989]
A. 
Public parking areas, filling stations, repair garages and any other high-volume traffic generators may have separate or combined entrances.
B. 
Every separate entrance or exit driveway shall have a minimum unobstructed width of 10 feet on collector roads and 15 feet on secondary highways. Every combined entrance and exit driveway shall have a minimum unobstructed width of 20 feet on collector roads and 30 feet on secondary highways. The classification of such roads and highways shall be as set forth in the Master Plan or its subsequent amendments. Notwithstanding the provisions of this subsection, all entrance or exit driveways onto a state or county road shall be in accordance with the requirement of the highway department having jurisdiction over said roads.
C. 
The intersection of a separate or combined exit and entrance driveway of a parking area with the public street shall have the same corner clearance as prescribed for intersecting streets, in § 330-103.
D. 
The gradient of driveways shall be such as to facilitate the entrance and exit traffic flow.
[Amended 8-22-1989 by L.L. No. 15-1989]
A. 
All accessory off-street parking and truck loading areas shall be located in accordance with the provisions of §§ 330-76 and 330-78 of this chapter. For all properties and uses subject to site plan review pursuant to § 330-181 of this chapter, new accessory off-street parking and truck loading areas shall be located and established only as the same are indicated on a site plan duly approved by the Planning Board. Any changes, alterations, improvements or additions to the parking area(s) shall require further review by the Planning Board.
B. 
The physical improvements of off-street parking and truck loading areas shall include:
(1) 
Curbs, paving, sidewalks and drainage facilities complying with the standards established in Town ordinances, regulations or specifications.
(2) 
Adequate lighting in public parking areas to assure the general safety and convenience of the public. Such lighting shall not project onto surrounding properties. As a minimum standard, the light sources shall be shielded and project downward.
(3) 
Appropriate landscaping and screening for aesthetic purposes and for the protection of adjacent properties, particularly along district boundary lines as provided in § 330-83G.
C. 
All aisles within parking areas shall have a minimum width of 24 feet when the parking spaces are at a ninety-degree angle with the aisle; 18 feet when the parking spaces are at 60º in a one-way direction; and 12 feet when the parking spaces are at 45º in a one-way direction. Aisles adjoining a building shall be wide enough to accommodate fire lanes/zones as may be required by the Town Department of Fire Prevention and/or the local fire district.
D. 
Aisles and turning areas shall provide good internal circulation with adequate radii to assure ease of mobility, ample clearance and convenient access and egress. Queuing line areas required for drive-in facilities shall be designed such that at least 2/3 of the parking spaces required in the queuing line are separate from access lanes, maneuvering lanes and parking areas.
E. 
Center-line gradients of aisles shall not exceed 8%.
F. 
Accessory off-street parking areas shall be marked off into spaces with a minimum width of nine feet and a minimum length of 20 feet or a minimum width of 10 feet and a minimum length of 18 feet. The dimensions of the parking spaces shall be determined by the Planning Board based on the design and the type of improvements to be done to the parking area. As a policy, nine-by-twenty spaces should only be considered where the parking areas are to be substantially improved (i.e., asphalt or concrete paving) and there is a large number of spaces. The ten-by-eighteen spaces should be used in all other instances, especially where the parking areas are minimally improved (i.e., oil and bluestone or gravel). In the case of parking spaces for trucks or special equipment, the minimum size of the spaces shall be determined by the Planning Board based on the nature of the parked vehicles.
G. 
All accessory off-street parking areas shall provide for handicapped access and parking in accordance with the standards of the Suffolk County Department of Handicapped Services. A minimum of 5% of the total number of parking spaces required for the site shall be allocated to handicapped parking; however, in no case shall the number of handicapped spaces exceed 10, unless the use warrants additional spaces as may be determined by the Planning Board. The handicapped parking areas shall be marked off into spaces with the same minimum width as required for regular parking spaces, plus an adjacent five-foot wide unloading area, providing for a fourteen-or-fifteen-foot-wide parking space. Each space shall be striped with blue paint and shall contain the international handicapped symbol and an approved sign at the head of each space.
H. 
An accessory off-street truck loading space shall have a minimum width of 12 feet, a minimum length of 25 feet and a minimum clear height of 14 feet. The related aisles or driveways shall have the same minimum width and clear height. Where large trucks (i.e., tractor trailers) are anticipated delivering to the site, the Planning Board may require larger spaces and on-site turning areas to accommodate said trucks.
I. 
Traffic pavement markings may be provided on various internal roadways and parking areas, which may include parking stalls, stop bars, crosswalks, lane lines, fire zones, handicapped parking stalls, directional arrows and other miscellaneous markings. Signs may also be provided along said roadways to identify these areas. Pavement markings and signs shall conform to the New York State Manual of Uniform Traffic Control Devices or as directed by the Town Engineer.
(1) 
Where striping can be accomplished, all parking spaces shall be striped in accordance with the approved plan. All striping shall be four-inch white lines, except handicapped spaces, which shall be four-inch blue lines. Specifications of the paint and method of application shall be determined by the Town Engineer.
(2) 
Traffic islands separating opposing flows of traffic shall be bordered by two four-inch-wide yellow lines and shall be crosshatched with twelve-inch-wide yellow bars.
(3) 
Fire zones shall be installed in accordance with the recommendations of the Southampton Town Department of Fire Prevention and/or the local fire district Fire zones shall be marked out with twenty-four-inch-wide red or yellow bars, painted on a 45º angle with the curb, spaced four feet apart, for a depth of 10 feet off the face of the curb or the building. The words FIRE ZONE shall be painted on the pavement, and signs with the words NO STANDING, FIRE ZONE shall be posted adjacent to the curb or on the building at a height no greater than seven feet above the ground.
J. 
To improve the aesthetics of a site, promote public safety, moderate climatic effects and minimize nuisances such as noise and glare, accessory off-street parking areas shall include appropriate landscaping around the perimeter and within the interior of the parking area. The Planning Board shall determine the amount, location and type of landscaping; however, as a minimum, accessory off-street parking areas with over 50 spaces shall have at least 25 square feet of interior landscaping for each parking space. In addition, interior parking islands should allow ample room for the growth of plants without disturbance from vehicular and pedestrian traffic. Landscaped areas shall not obstruct the driver's view of the right-of-way and shall provide proper corner clearance at intersections in accordance with § 330-103 of this chapter.
[Amended 8-22-1989 by L.L. No. 15-1989]
A. 
Existing buildings and uses are exempt as follows:
(1) 
The provisions of §§ 330-92 through 330-101 shall not apply to any buildings or structure or lot lawfully in use at the effective date of this chapter, whether continued as a legal nonconforming use or thereafter converted or changed without enlargement to a different lawful use having the same parking and truck loading requirements, except as provided in § 330-167B(1).
(2) 
However, no building or structure or lot lawfully in use at the effective date of this chapter shall be enlarged unless the off-street parking and truck loading space requirements of this section are complied with to the same extent as would be required if the entire preexisting building or structure or lot and the proposed enlargement were being submitted as if they were a new application for a building permit for the entire project; except that credit shall be given for the off-street parking and truck loading spaces that would have been required for the existing buildings, structures and uses if the spaces did not have preexisting status. It is intended by this provision that additional off-street parking and truck loading spaces shall be provided with respect to the proposed enlargement, but no additional spaces shall be required with respect to the preexisting portions. However, conforming spaces actually provided at the time of the application, even if voluntary or informal and unpaved, shall be charged to the preexisting portions and shall be formalized and paved incident to construction of the addition.
B. 
Where the Planning Board shall determine that a proposed land use, building or structure is adequately served by existing or proposed public parking facilities as a matter of public policy, the off-street parking space requirements stipulated in §§ 330-92 through 330-101 may be waived, in whole or in part, by the Planning Board. See also § 330-101 for required fee.
C. 
Where the Planning Board shall determine that dedication of land or an easement is desirable to facilitate improvement of existing or proposed public parking facilities and said dedication of land or easement is voluntarily and unconditionally offered to the Town for said purposes as a matter of public policy, the off-street parking requirements stipulated in §§ 330-92 through 330-101 may be waived, in whole or in part, by the Planning Board. The number of spaces that may be waived shall be calculated on the basis of one space per each two hundred (20) square feet of land area covered in the dedication or easement. No off-street parking fee, as required in § 330-101, shall be imposed for those spaces waived pursuant to these provisions.
D. 
The Board of Appeals, subject to the applicable provisions of §§ 330-101 and 330-167E, may waive the requirements, in whole or in part, for the off-street parking or truck loading spaces stipulated in this §§ 330-92 through 330-101.
E. 
In the event that an applicant can demonstrate to the Planning Board that its present parking needs do not necessitate the construction of the number of parking spaces required herein, the Planning Board may approve a site plan requiring the present construction of a lesser number of spaces. In such an event, the site plan shall show sufficient spaces reserved for future parking requirements with the combined number of spaces being not less than that required by §§ 330-92 through 330-101. In all cases, at least 2/3 of the number of required parking spaces shall be provided. The Planning Board may order the property owner to install the future parking spaces if, at the Planning Board's discretion, the need for additional spaces arises. For example, a mere change in the use(s) or the ownership of the parcel may be enough to require the installation of the parking spaces. In the event that the owner fails to install the additional parking spaces within 120 days of being so ordered, the Building Inspector shall revoke the certificate of occupancy for the premises, and the Town Attorney may take appropriate action in a court of competent jurisdiction to restrain the use of said premises. When this subsection is utilized, the site plan shall contain a statement, signed by the applicant in such a form as shall be approved by the Town Attorney, consenting to the provisions contained herein. In addition, the property owner shall be required to submit a covenant, for filing in the Suffolk County Clerk's office, in such a form as shall be approved by the Town Attorney, indicating consent to the provisions of this subsection. The provisions of this subsection shall not apply in the VB and OD Districts.
F. 
As a matter of public policy, the Town of Southampton finds that the coordination of off-street parking areas between adjoining sites is desirable to allow for traffic circulation between sites rather than having all traffic entering and exiting the existing highway system to proceed from site to site. This coordination can take various forms, from a simple paved connection to a more elaborate plan to provide both a connection and shared parking arrangements. This is not to be considered a parking waiver, but an agreement between the landowners and the Town of Southampton to effect an overall circulating and parking plan and provide the required number of parking spaces in accordance with the applicable Code provisions for the respective use(s). For these reasons, in its review of a commercial site plan, the Planning Board may, at its discretion, allow for parking spaces to be provided both on and off site, provided that:
[Added 1-10-1995 by L.L. No. 2-1995]
(1) 
This is done in accordance with an acceptable overall design for the coordination of parking areas between two or more commercial sites, such design to be approved by the Town Engineer and the Planning Board.
(2) 
The required number of parking spaces are to be provided.
(3) 
A document is filed with the Suffolk County Clerk's office, acceptable to the Town Attorney in form and content, to which the Town of Southampton is party, which provides for the use of a portion of a commercial site to be improved and used for parking for an adjoining site as part of the coordinated parking and access design mentioned above.
(4) 
The site on which the off-site parking is being provided will have the required number of parking spaces for the use or uses which exist.
(5) 
The site on which the off-site parking is being provided was not the subject of a Board of Zoning Appeals case for the granting of a waiver or variance from the required number of off-street parking spaces for its use and development.
G. 
Shared parking on a single parcel. Where the Planning Board determines that a proposed development consisting of two or more uses located on a single and separate parcel will generate different hourly, daily and seasonal accumulations of parking demand due to the varied hours of operation of each use and frequencies of customer and employee occupancy of available parking spaces, the Planning Board may approve a site plan requiring the present construction of a lesser number of spaces, provided that:
[Added 2-13-1996 by L.L. No. 2-1996]
(1) 
The applicant shall provide the Planning Board with a shared parking plan which shall be based upon the following:
(a) 
A complete and accurate description of the proposed uses, floor areas devoted to such uses and the number of seats or rooms assigned to each use.
(b) 
A complete and accurate description of the number of employees and their respective shifts.
(c) 
A complete and accurate description of the projected total peak hour or daily period of occupancy by patrons for each proposed use during weekdays, Saturday, Sunday and any seasonal variations in peak hour or period of occupancy.
(d) 
A complete and accurate description of the days and hours of operation of each use for weekdays, Saturday, Sunday and for any seasonal variations in operation.
(e) 
A complete and accurate description of the projected hourly accumulation of off-street parking over a twenty-four-hour period for each use. The description shall be provided for the weekday, Saturday and Sunday accumulations of off-street parking and any seasonal variations in off-street parking accumulation.
(f) 
A complete and accurate description of the total hourly accumulation of off-street parking demand created over a twenty-four-hour period by the combined operations of the proposed uses for weekday, Saturday and Sunday accumulations of off-street parking and any seasonal variations in total off-street parking accumulation.
(2) 
In all cases, at least 2/3 of the number of required parking spaces shall be provided. The Planning Board may order the property owner to install the future parking spaces if, at the Planning Board's discretion, the need for additional spaces arises. For example, a mere change in the use(s), hours of operation or the ownership of the parcel may be enough to require the installation of the parking spaces. In the event that the owner fails to install the additional parking spaces within 120 days of being so ordered, the Building Inspector shall revoke the certificate of occupancy for the premises, and the Town Attorney may take appropriate action in a court of competent jurisdiction to restrain the use of said premises. When this subsection is utilized, the site plan shall contain a statement, signed by the applicant in such a form as shall be approved by the Town Attorney, consenting to the provisions contained herein. In addition, the property owner shall be required to submit a covenant, for filing in the Suffolk County Clerk's office, in such a form as shall be approved by the Town Attorney, indicating consent to the provisions of this subsection.
H. 
Off-street parking on a separate parcel. Where the Planning Board determines that the off-street parking requirements of a proposed development can be met by the construction of new off-street parking spaces or the use of an existing off-street parking area located on a single and separate parcel within 500 feet of the proposed development, the Planning Board may approve a site plan requiring the present construction of a lesser number of spaces, provided that:
[Added 2-13-1996 by L.L. No. 2-1996]
(1) 
The applicant shall provide the Planning Board with a parking plan for the separate parcel demonstrating the following:
(a) 
The proposed or existing off-site parking area shall comply in all respects with the provisions of this chapter.
(b) 
The proposed or existing off-site parking area must be located and designed in such a manner as to provide safe and convenient access to the proposed development.
(c) 
The existing use(s) on the separate parcel must be adequately served, and the additional use of the parking area shall not unduly impact the existing use of the premises.
(d) 
To assure that new parking facilities are adequately designed, the Planning Board may require the parking plan to contain the elements of a site plan in accordance with § 330-183.
(2) 
A document is filed with the Suffolk County Clerk's office, acceptable to the Town Attorney in form and content, to which the Town of Southampton is a party, which provides legal access to the off-site parking area for the patrons of the proposed development and assures that all applicable provisions of this section are adhered to.
(3) 
In all cases, at least 2/3 of the number of required parking spaces shall be provided on the proposed development site. The Planning Board may order the property owner to install the future parking spaces if, at the Planning Board's discretion, the need for additional spaces arises. For example, a mere change in the use(s), hours of operation or the ownership of the parcel may be enough to require the installation of the parking spaces. In the event that the owner fails to install the additional parking spaces within 120 days of being so ordered, the Building Inspector shall revoke the certificate of occupancy for the premises, and the Town Attorney may take appropriate action in a court of competent jurisdiction to restrain the use of said premises. When this subsection is utilized, the site plan shall contain a statement, signed by the applicant in such a form as shall be approved by the Town Attorney, consenting to the provisions contained herein. In addition, the property owner shall be required to submit a covenant, for filing in the Suffolk County Clerk's office, in such a form as shall be approved by the Town Attorney, indicating consent to the provisions of this subsection.
(4) 
The Planning Board may use the provisions of this subsection in combination with other applicable forms of relief found in this section.
[Amended 5-13-1986 by L.L. No. 7-1986; 10-4-1986 by L.L. No. 18-1986; 8-22-1989 by L.L. No. 15-1989]
A. 
There is hereby created a Town of Southampton Parking and Truck Loading Space Trust Fund to be used exclusively for public off-street parking and truck loading space purposes, including the acquisition and improvement of land for such purposes.
B. 
Every decision of the Planning Board or Board of Appeals under § 330-100B or D of this chapter waiving the requirements for off-street parking and/or truck loading spaces, in whole or in part, shall clearly set forth the nature and extent of such waiver by specifying the number of spaces required to be provided pursuant to said requirements, the number of spaces required to be provided by the respective Board and the number of spaces thus waived by the respective Board. The number of spaces so waived by the respective Board shall constitute the number of spaces for which a variance is granted.
C. 
Every decision which waives the requirements for off-street parking and/or truck loading spaces, in whole or in part, shall be made subject to a condition requiring a payment to the Town of Southampton of a sum for each and every space for which a waiver is granted, which sum shall constitute a trust fund to be used exclusively for public off-street parking and truck loading space purposes, including the acquisition and improvement of land for such purposes. Such condition shall be deemed a condition of every such waiver, and such payment may be referred to as the "off-street parking space fee." Said fee shall be paid prior to the issuance of the certificate of occupancy and/or certificate of compliance for the use for which the waiver was granted.
D. 
The amount of the per-space sum required to be paid to the Town for each and every space for which a waiver is granted shall be $2,000 per space.
E. 
The Planning Board may delineate boundaries for each hamlet area in the Town. Where the Planning Board makes such a delineation, the Town Comptroller shall set up a separate fund for each hamlet area, and payments shall be deposited into the hamlet area fund from which the payments originated. Moneys from each hamlet area fund may only be expended for public parking in the hamlet for which the fund was created.
F. 
The provisions of this section shall only apply in the VB and OD Districts.
G. 
The provisions of this section relating to a parking fee shall not be waived by the Planning Board or Zoning Board of Appeals.
[1]
Editor's Note:Former § 330-102, Courts and spacing of buildings, was repealed 2-13-2007 by L.L. No. 3-2007.
On a corner lot in any district, except those in districts where there is no minimum lot area requirement, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of two feet; no vehicle, object or any other obstruction of a height in excess of two feet shall be parked or placed; and no hedge, shrub or other growth shall be maintained at a height in excess of two feet, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level, or pavement level where there is no curb, shall be permitted. Such triangular area shall be determined by two points, one on each intersecting street line, each of which points is 50 feet from the intersection of such street lines.
[Amended 9-8-1998 by L.L. No. 30-1998]
The requirements contained in this article are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve community character and established property values and contribute to the general welfare.
[Amended 10-23-1990 by L.L. No. 26-1990; 7-28-1992 by L.L. No. 34-1992; 9-8-1998 by L.L. No. 30-1998; 8-13-2002 by L.L. No. 35-2002; 2-11-2003 by L.L. No. 9-2003; 2-11-2003 by L.L. No. 10-2003; 8-26-2003 by L.L. No. 65-2003; 11-25-2003]
Every dwelling or other building devoted in whole or in part to a residential use which is hereafter erected or converted to accommodate additional families shall provide a minimum floor area per family on floors with clear ceiling height of not less than seven feet six inches, in conformity with the following schedule and with the other provisions of §§ 330-104 through 330-108. In addition, any building devoted to a business or industrial use which is hereinafter erected or converted to accommodate such uses shall provide a minimum floor area in conformity with the following schedule. The minimum stipulated herein shall be deemed to be exclusive of unenclosed porches, breezeways, garage areas and basement and cellar rooms or areas.
A. 
One-family dwellings:
[Amended 4-10-2007 by L.L. No. 13-2007]
Minimum Floor Area
(square feet)
Required Lot Area per Dwelling Unit Pursuant to Zoning District
1-Story Building or First Floor
1 1/2- or 2-Story Building Combined 2-Floor Total
MFPRD, R-10, R-15, R-20, R-40, HO and HC Districts
800
1,200
R-60, R-80, R-120 and all CR Districts
1,000
1,400
Adjacent area of a coastal zone
400
600
B. 
Two-family detached dwellings:
Minimum Floor Area
(square feet)
Required Lot Area per Dwelling Unit Pursuant to Zoning District
1-Story Building or First Floor
1 1/2- or 2-Story Building Combined 2-Floor Total
MFPRD, MF-44, R-10, R-15, R-20, R-40, HO and HC Districts
1,400
1,800
R-60, R-80, R-120 and all CR Districts
1,600
2,000
C. 
Three- and four-family dwellings:
Minimum Floor Area
(square feet)
Required Lot Area per Dwelling Unit Pursuant to Zoning District
1-Story Building or First Floor
1 1/2- or 2-Story Building Combined 2-Floor Total
HO and HC Districts
2,400
2,800
D. 
Apartment dwelling units, where permitted:
Minimum Number of Rooms
Apartment Unit Area
(square feet)
1 room, studio or efficiency
600
Each additional room
100
Senior citizen housing:
  1 room, studio or efficiency
    Minimum
400
    Maximum
500
  1 bedroom
    Minimum
500
    Maximum
700
  2 bedrooms
    Minimum
500
    Maximum
800
Apartments in certain business districts
  1 room, studio or efficiency
400
  Each additional room
100
E. 
Mobile homes, where permitted: 600 square feet.
F. 
Business or industrial building, first floor: 600 square feet.
G. 
Floor area dimensions for nonresidential uses in the VB District:
(1) 
Minimum: 500 square feet.
(2) 
Maximum: 5,000 square feet per use. Uses containing between 5,000 square feet and 15,000 square feet may be permitted by special exception.
(3) 
No detached or attached building to serve either a single use or a combination of uses shall exceed 15,000 square feet in gross floor area.
H. 
Units for moderate-income families:
(1) 
Single-family detached dwellings:
Type of Dwelling
Area
(square feet)
1-story building or first floor
600
1 1/2- or 2-story building, combined
1,000
  2-floor total
(2) 
Two-family detached dwellings:
Type of Dwelling
Area
(square feet)
1-story building or first floor
1,200
1 1/2- or 2-story building, combined
1,600
  2-floor total
(3) 
Apartments:
Type of Dwelling
Area
(square feet)
1-room, studio or efficiency
400
Each additional room
100
I. 
Accessory apartments created or made conforming under Article IIA: 400 square feet.
J. 
The maximum total floor area for one- and two-family detached dwellings, as permitted in all residential zoning districts, shall be 15,000 square feet. For the purposes of this subsection, “total floor area” shall be defined as the area of a dwelling measured from the outermost exterior walls of the dwellings structure.
[Amended 2-10-2009 by L.L. No. 2-2009]
K. 
The maximum gross floor area per building or building complex in the Highway Business Zoning District shall not exceed 15,000 square feet per lot, except for the following uses which shall require special exception approval from the Planning Board and which shall comply with the special exception standards set forth in § 330-129.
[Amended 1-23-2018 by L.L. No. 4-2018]
(1) 
The following residential community facilities which are permitted in the Highway Business District:
(a) 
Church or similar place of worship or religious instruction, parish house, rectory, seminary or convent.
(b) 
Public library or museum.
(c) 
Fire station, municipal office or any governmental building of similar character.
(2) 
Agricultural greenhouses larger than 15,000 square feet.
(3) 
Assisted-living facility.
L. 
Floor area dimensions for buildings in the Shopping Center Business Zone shall be limited to 15,000 square feet per building per lot. The Planning Board may grant a special exception permit, which allows buildings larger than 15,000 square feet for the following uses, and only the following uses:
(1) 
Residential community facilities limited to the following:
(a) 
Church or similar place of worship or religious instruction, parish house, rectory, seminary or convent.
(b) 
Park, playground or recreational area when authorized or operated by the municipality.
(c) 
Public library or museum.
(d) 
Fire station, municipal office or any governmental building of similar character.
(e) 
School, elementary or high, public, denominational or private, operated or licensed by the New York State Education Department.
(2) 
General community facilities limited to the following;
(a) 
Philanthropic, fraternal, social or educational institutional office or meeting room, nonprofit.
(b) 
Performing arts center.
(3) 
Amusement and recreational business category:
(a) 
Other indoor recreation.
(4) 
Grocery stores. Grocery stores may only exceed 15,000 square feet by special exception and in any case may not exceed 40,000 square feet.
M. 
Specific special exception criteria as outlined in § 330-139 shall be used in addition to the general special exception criteria outlined in § 330-122 for buildings or building complexes in the Shopping Center Business Zone greater than 15,000 square feet.
N. 
The maximum gross floor area per building or building complex in the Office District Zone shall not exceed 15,000 square feet per lot, except for the following uses which shall require special exception approval from the Planning Board:
[Amended 1-23-2018 by L.L. No. 4-2018]
(1) 
Residential community facilities limited to the following:
(a) 
Church or similar place of worship or religious instruction, parish house, rectory, seminary or convent.
(b) 
Nursery school or child day care.
(c) 
Park, playground or recreational area when authorized or operated by the municipality.
(d) 
Public library or museum.
(e) 
Fire station, municipal office or any governmental building of similar character.
(f) 
School, elementary or high, public, denominational or private, operated or licensed by the New York State Education Department.
(2) 
General community facilities limited to the following;
(a) 
Nursery school or child day care.
(b) 
Philanthropic, fraternal, social or educational institutional office or meeting room, nonprofit.
(c) 
Performing arts center.
(d) 
Assisted-living facility.
(3) 
Office business category limited to the following:
(a) 
Civic, social and fraternal associations.
O. 
Specific special exception criteria as outlined in § 330-138 shall be used in addition to the general special exception criteria outlined in § 330-122 for buildings or building complexes in the Office District Zone greater than 15,000 square feet.
The least overall dimension of any minimum required first-floor area of a dwelling, other than mobile homes where permitted, shall be 20 feet.
[Added 3-25-1986 by L.L. No. 5-1986; amended 6-28-2005 by L.L. No. 26-2005]
A. 
Dwellings and dwelling units shall only be utilized by families for residential purposes on a seasonal basis or for a longer duration up to and including permanent residence, except as otherwise permitted in this chapter.
B. 
The use of dwellings and dwelling units for daily or weekly occupancy is hereby declared to be a transient occupancy and is prohibited.
C. 
Nothing contained in this section shall be construed as prohibiting the use of a dwelling unit in a resort motel on a weekly rental basis.
D. 
A single-family dwelling shall be designed and configured to be used as a one-family dwelling. All habitable space must be connected by a conditioned hallway or habitable space. Under no circumstances shall habitable space be connected through a mechanical room, laundry room, storage room, or garage.
[Added 3-25-1986 by L.L. No. 5-1986; amended 6-28-2005 by L.L. No. 27-2005]
A. 
In dwelling units, the maximum number of occupants shall be determined on the basis of floor area of each conventional bedroom as follows:
(1) 
Less than 70 square feet: zero.
(2) 
At least 70 but less than 120 square feet: one.
(3) 
One hundred twenty square feet or more: two.
B. 
Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets and other service or maintenance space shall be excluded.
A. 
In residence districts.
[Amended 4-24-2001 by L.L. No. 15-2001; 11-13-2001 by L.L. No. 50-2001; 4-23-2002 by L.L. No. 9-2002; 2-11-2003 by L.L. No. 7-2003; 5-27-2003 by L.L. No. 44-2003]
(1) 
No fence or wall in a required front yard shall have a height greater than four feet.
(2) 
No fence or wall in a required rear or side yard shall have a height greater than six feet.
(3) 
In no case shall any fence or wall have a height greater than six feet.
(4) 
Any fence or wall having a height of four feet or less shall be exempt from building permit requirements, provided that it shall be constructed of standard materials used for such purposes.
(5) 
All fences to be erected will have a finished side of the fence facing toward adjoining neighboring property(ies).
(6) 
Corner lot fences and walls. Fences and walls on corner lots may be up to six feet high in required front yards that are opposite side yard lines only if:
(a) 
The fence is installed in that portion of the required front yard that lies between the nearest rear wall of the dwelling and the rear lot line.
(b) 
The fence is set back a minimum of five feet from the front lot line.
(c) 
Appropriate ornamental planting or a natural buffer is provided in the form of plant material approved by:
[1] 
The Architectural Review Board pursuant to § 330-170B for a proposed fence that is not part of site plan review or subdivision approval.
[2] 
The Planning Board pursuant to § 292-8 for a proposed fence that is part of a subdivision application.
[3] 
The Planning Board pursuant to § 330-184 for a proposed fence that is part of a site plan application.
(7) 
Fences on through lots, as defined by this Code, may be up to six feet high in the front yard that is not used as the primary access to the dwelling only if:
(a) 
The fence is installed in that portion of the required front yard that lies between the nearest rear wall of the dwelling and the rear lot line.
(b) 
The fence is set back a minimum of five feet from the rear lot line.
(c) 
Appropriate ornamental planting or natural buffer is provided in the form of plant material approved by:
[1] 
The Architectural Review Board pursuant to § 330-170B for a proposed fence that is not part of site plan review or subdivision approval.
[2] 
The Planning Board pursuant to § 292-8 for a proposed fence that is part of a subdivision application.
[3] 
The Planning Board pursuant to § 330-184 for a proposed fence that is part of a site plan application.
(8) 
Accessory driveway structures, including but not limited to fences, gates, gatehouses, gateposts, bridges and pillars, are subject to the provisions of Chapter 330, Article XXX, Driveway Standards, of the Town Code.
[Amended 7-28-2009 by L.L. No. 32-2009]
(9) 
In the case of a waterfront lot, with the exception of an oceanfront lot, where the rear lot line is a street right-of-way, a fence or wall with a height greater than four feet from natural grade is permitted only if:
[Added 7-13-2010 by L.L. No. 20-2010[1]]
(a) 
The fence or wall is set back a minimum of five feet from the rear lot line; and
(b) 
Appropriate ornamental planting or natural buffer is provided in the form of plant material approved by:
[1] 
The Architectural Review Board pursuant to § 330-170B for a proposed fence that is not part of site plan review or subdivision approval.
[2] 
The Planning Board pursuant to § 292-8 for a proposed fence that is part of a subdivision application.
[3] 
The Planning Board pursuant to § 330-184 for a proposed fence that is part of a site plan application.
(c) 
Any fence or wall with a height greater than four feet from natural grade, benefiting from a certificate of occupancy or certificate of compliance issued prior to the adoption date of this amendment, shall be considered a legally preexisting structure and, as such, may be replaced, rehabilitated, or reconstructed.
[1]
Editor's Note: This local law also provided for the renumbering of former Subsection A(9) and (10) as Subsection A(10) and (11), respectively.
(10) 
Any clothesline or clothes-hanging device shall be exempt from building permit requirements, provided that it shall be constructed of standard materials used for such purposes.
[Amended 6-10-2008 by L.L. No. 36-2008]
(11) 
Flagpole lot fences and walls.
(a) 
Fences and walls on flagpole lots may be up to six feet high in the required front yards.
(b) 
No fence or wall installed along the pole portion of the lot shall have a height greater than four feet within a distance from the right-of-way equal to the required front yard setback.
(c) 
No fence or wall installed along the pole portion of the lot a distance greater than the required front yard setback from the right-of-way shall have a height greater than six feet.
B. 
In nonresidence districts.
[Amended 3-11-2003 by L.L. No. 16-2003]
(1) 
No fence or wall within 10 feet of a lot line in a required front or side yard shall have a height greater than six feet.
(2) 
No fence or wall within 10 feet of a lot line in a required rear yard shall have a height greater than 10 feet.
(3) 
Accessory driveway structures, including but not limited to fencing, gates, gatehouses, gateposts, bridges and pillars, are subject to the provisions of Chapter 330, Article XXX, Driveway Standards, of the Town Code.
[Added 7-28-2009 by L.L. No. 32-2009[2]]
[2]
Editor's Note: This local law also provided for the renumbering of former Subsection B(3) as Subsection B(4).
(4) 
Garbage and waste containers. These are containers that include dumpsters, garbage cans or other receptacles that store garbage, combustible materials and noncombustible waste materials. These containers shall be enclosed as follows:
(a) 
All containers shall have a cover which can be secured to the container.
(b) 
All containers shall be enclosed on three sides by a solid fence, and on the fourth side with a solid gate. The width of each side and gate shall exceed the width of the containers by a minimum of one foot on each side. The gate and each side shall exceed the height of the containers by a minimum of one foot.
(c) 
All containers shall be located in the rear or side yard and shall not obstruct access to utilities.
(d) 
Existing containers within nonresidential districts shall be in compliance with these enclosure requirements within one year of the effective date of § 330-109B(4).
C. 
Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence, except that, where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall and further except that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of Subsections A and B.
D. 
Electrical fences. The use of any fence which delivers an electric shock, charge or current to any animal or human being when contact is made shall be strictly prohibited in all zones, unless authorized by the Planning Board.
[Added 6-26-1996 by L.L. No. 17-1996]
(1) 
No Planning Board approval is necessary for an electrical fence where the use of the premises is for the keeping of livestock, including horses.
(2) 
All electrical fences authorized by the Planning Board or allowed under Subsection D(1) above shall require a permit from the Building Inspector.
(3) 
No electrical fence shall place the safety of residents in jeopardy, and conspicuous notices shall be affixed to the fence to warn of the potential for electric shock.
(4) 
Underground electrical dog fences shall not require Planning Board approval or a permit from the Building Inspector.
E. 
Agricultural fencing.
[Added 3-25-1997 by L.L. No. 8-1997]
(1) 
Within all Country Residential (CR) and Residential (R) Zoning Districts situated within the Agricultural Overlay District, the Planning Board may approve an increase in the permitted height of a fence located in any front, side or rear yard in order to protect agricultural crops from damage due to deer. The maximum height of an agricultural fence approved by the Planning Board may not exceed eight feet.
(2) 
The increase in permitted fence height shall be based on the following findings of the Planning Board:
(a) 
The subject property is currently in agricultural production.
(b) 
The applicant can demonstrate that an economic loss will occur to agricultural crops without an increase in fencing height.
(c) 
Alternatives to fencing that will reduce the economic loss of agricultural crops have been investigated.
(d) 
Alternative types and heights of fencing materials have been investigated.
(e) 
The installation of the fencing will be accomplished in a manner to preserve and protect the visual and scenic resources of the Town.
(3) 
An application to install agricultural fencing that exceeds the permitted height shall be in the form of a building permit application submitted to the Town's Building Inspector. The application shall include a plan of the property accurately showing the delineation of the proposed fence and a description of the proposed fence materials. The Building Inspector shall submit a complete application to the Planning Board. The Planning Board shall approve, approve with conditions or deny the application. In reviewing applications for agricultural fencing, the Planning Board may seek an advisory report from the Agricultural Advisory Committee.
(4) 
An application for agricultural fencing on preserved farmland shall be submitted to the Farmland Committee in accordance with Article X, Agricultural Overlay District.
F. 
Public garden fencing.
[Added 7-14-2015 by L.L. No. 19-2015]
(1) 
Within all zoning districts, the Planning Board may approve an increase in the permitted height of a fence located in any yard in order to protect subject gardens from damage due to deer, subject to the following:
(a) 
The maximum height of the fence may not exceed eight feet.
(b) 
Visibility (open space) must be provided through said fence equaling a minimum of 40% of the area.
(c) 
The subject public garden meets the definition pursuant to § 330-5.
(d) 
The fence shall be located landward of any existing buffer area or transition yard required pursuant to § 330-83G, but in no case less than 20 feet from any public right-of-way.
(e) 
The installation of the fencing will be accomplished in a manner to preserve and protect the visual and scenic resources of the Town, which may include appropriate ornamental planting or natural buffer provided in order to screen the subject fence from the public right-of-way.
(2) 
An application for public garden fencing shall be submitted to the Planning Board and shall include a landscape plan as may be necessary to illustrate compliance with § 330-109F(1) above.
[Added 7-10-1984 by L.L. No. 12-1984]
A. 
All berms shall be constructed so that all sides of the berm shall not have a slope greater than one to three feet. For the purposes of §§ 330-110 through 330-112, the slope shall refer to the ratio of a vertical rise of one foot to a horizontal run of three feet.
B. 
All berms shall be constructed out of clean fill or an approved equal. Said fill shall be given sufficient time to settle before final shaping and topsoil are applied. After the settled fill has been shaped, a uniform six-inch layer of approved horticultural topsoil shall be placed and fine graded.
C. 
All berms shall be properly vegetated and landscaped, as approved by the Planning Board, before any erosion occurs in the topsoil on the berm or, in the alternative, the berm shall be covered with an approved ground cover until such time the berm can be properly landscaped.
D. 
Berms shall be constructed only during the period from March 1 through October 15.
E. 
The construction of a berm shall not violate Chapter 287, Article III, of this Code.
F. 
No fence or wall shall be constructed on a berm. However, a retaining wall may be placed on the sides of a berm where the Planning Board finds said retaining wall will promote aesthetic considerations and the height of the same does not exceed the grade of the berm.
G. 
The construction of berms and the berm itself shall not interfere with the natural drainage.
[Added 7-10-1984 by L.L. No. 12-1984]
A. 
In all residence districts, no berm shall have a height greater than four feet in a front yard or six feet in a rear or side yard.
B. 
In all nonresidence districts, no berm shall have a height greater than six feet in a front, rear or side yard.
C. 
Notwithstanding the provisions of Subsections A and B of this section, where the proposed berm is along a highway, as that term is defined in § 292-3 of this Code, the Planning Board may increase the height limitations of this section, where it would be in the public interest, by limiting adverse impacts from noise or light or by promoting aesthetic considerations. However, in no case shall a berm along a highway exceed 10 feet.
D. 
The height of a berm shall be the vertical distance from the top of the berm to the natural existing grade at the base of the berm.
A. 
All berms, except those required to be constructed in connection with the Planning Board's approval of a subdivision plat or site plan, which exceed four feet in height shall require a building permit.
B. 
All applications for a building permit for a berm shall include the following:
(1) 
A detailed grading plan of the entire site, indicating the existing topography in contour intervals no greater than five feet and the proposed topography in contour intervals no greater than two feet. The scale of the grading plan shall be no greater than one inch equals 20 feet;
(2) 
A cross section of the berm indicating the type of materials to be used in constructing the berm (i.e., fill, topsoil) and the location of landscaping. The scale of cross section shall be no greater than one inch equals four feet; and
(3) 
A detailed landscaping plan indicating the location, size and quality of the species to be planted.
C. 
All applications for a building permits for a berm shall be referred to the Planning Board for its approval with respect to the compatibility of the berm with the surrounding properties and associated land uses, drainage considerations and landscaping.
D. 
Within 15 working days of receipt of an application, the Planning Board shall approve, approve with modifications or deny the application.
E. 
The Building Inspector shall not issue a permit for a berm until Planning Board approval has been received. Failure of the Planning Board to act within 15 working days shall be deemed an approval.
F. 
All provisions of this Code relating to the building permits and construction shall apply to building permits for berms, except as provided in §§ 330-110 through 330-112.