[Amended 3-12-1985 by L.L. No. 1-1985; 5-13-1986 by L.L. No. 7-1986]
The Planning Board is hereby authorized to act
on proposed special exception uses which are specifically provided
for in this chapter. Such action may include approval, conditional
approval or disapproval based on the standards set forth in this chapter.
A. The Planning Board may adopt and file in the Town
Clerk's office such rules of procedure as it may deem necessary to
the proper exercise of its responsibilities with respect to special
exception uses.
B. Prior to taking action on any special exception use,
the Planning Board shall hold a public hearing after public notice,
as provided in the case of an application for site plan approval pursuant
to § 274-a, Subdivision 2, of the Town Law of the State
of New York, by publication at least 10 days prior to the hearing
in the official newspaper of the Town. Where a project is a special
exception use and requires site plan approval, the Planning Board
may hold one hearing for both applications. Any hearing to be held
pursuant to the State Environmental Quality Review Act may also be incorporated into said hearing.
[Amended 5-12-1992 by L.L. No. 20-1992; 5-22-2007 by L.L. No. 27-2007]
(1) In addition, for all applications for a special exception
submitted on or after the effective date of this amendment, the applicant
shall erect or cause to be erected a sign which shall be displayed
on the parcel upon which the application is made, facing each public
street to which the property abuts, giving notice that an application
has been made to the Southampton Town Planning Board for site plan
approval along with the time and place of the hearing. The sign shall
not be located more than 10 feet from the street line and shall not
be less than two feet nor more than six feet above the natural grade
at the street line. The sign shall be furnished by the Planning Board
and shall be the only sign to be used. The sign shall be displayed
not less than 10 days immediately preceding the public hearing or
any adjournment date. The applicant shall file an affidavit with the
Planning Board that he/she has complied with the provisions of this
section prior to the opening of the public hearing.
(2) Additionally, for all applications submitted on or
after the effective date of this amendment, the applicant shall mail
notice of the public hearing date, at least 10 days prior thereto,
to every property owner, as shown on the current Town of Southampton
assessment rolls, of parcels abutting and/or directly opposite (by
way of extension of lot lines through the street right-of-way) the
property which is the subject of the public hearing. Such notice shall
be by either certified or registered mail, return receipt requested.
Proof of such notice shall consist of a copy of the assessment roles,
the return receipts, and an affidavit attesting to compliance with
this mailing notification. Such proof shall be submitted to the Planning
Board prior to the public hearing. No additional mailing shall be
required for an adjournment.
[Amended 1-22-2008 by L.L. No. 6-2008]
C. All matters which are the subject of mandatory referral
or notice to other agencies as set forth in the enabling statutes
and in this chapter shall be transmitted to the appropriate agencies
by the Planning Board in accordance with the provisions of those sections.
D. The Planning Board shall keep minutes of its proceedings
showing the vote of each member upon every question or, if absent
or failing to vote, indicating such fact. The Board shall also keep
records of examinations and official actions, all of which shall be
immediately filed in the office of the Planning Board and shall be
a public record. Each decision of the Planning Board with respect
to the approval of a special exception use shall be so stated and
documented as to provide a definitive authorization to the Building
Inspector for issuing a building permit or certificate occupancy.
E. A special exception authorization by the Planning
Board for the issuance of a building permit shall expire within 90
days of such authorization in the event that such permit shall not
be applied for within such ninety-day period. Extension of such authorization
may be granted by the Planning Board for additional ninety-day periods.
F. A special exception use for which a building permit
is authorized by the Planning Board pursuant to the provisions of
this section shall be construed to be a conforming use.
G. Any violation of the limitations or special conditions and safeguards established by the Planning Board with respect to a specific authorization for a special exception use shall be deemed a violation of this chapter punishable under the provisions of §
330-186.
H. A fee schedule shall be established, and changed as
needed, by resolution of the Southampton Town Board. A copy of the
fee schedule is on file with the Town Clerk’s office and the
Department of Land Management.
[Amended 4-14-1992 by L.L. No. 8-1992; 6-12-2001 by L.L. No. 20-2001; 1-27-2004 by L.L. No.
2-2004]
For every such special exception use, the Planning
Board shall determine that:
A. Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in §
330-3.
B. The plot area is sufficient, appropriate and adequate
for the use and the reasonably anticipated operation and expansion
thereof.
C. The proposed use will not prevent the orderly and
reasonable use of adjacent properties, particularly where they are
in a different district.
D. The site is particularly suitable for the location
of such use in the Town.
E. The characteristics of the proposed use are not such
that its proposed location would be unsuitably near to a church, school,
theater, recreational area or other place of public assembly.
F. The proposed use, particularly in the case of a nonnuisance
industry, conforms to this chapter definition of the special exception
use where such definition exists or with the generally accepted definition
of such use where it does not exist in this chapter.
G. Access facilities are adequate for the estimated traffic
from public streets and sidewalks, so as to assure the public safety
and to avoid traffic congestion; and, further, that vehicular entrances
and exits shall be clearly visible from the street and not be within
75 feet of the intersection of street lines at a street intersection,
except under unusual circumstances.
H. All proposed curb cuts have been approved by the street
or highway agency which has jurisdiction.
I. There are off-street parking and truck loading spaces at least in the number required by the provisions of §§
330-92 through
330-101, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors; and, further, that the layout of the spaces and driveways is convenient and conducive to safe operation.
J. Adequate buffer yards and screening are provided where
necessary to protect adjacent properties and land uses.
K. Adequate provisions will be made for the collection
and disposal of stormwater runoff from the site and of sanitary sewage,
refuse or other waste, whether liquid, solid, gaseous or of other
character.
L. No outdoor sales lot, rental equipment storage or
display area will be permitted in the required front yard area of
any business district, except that in the HB District such uses may
be permitted in the required front yard, provided that they are set
back 50 feet from the front property lines.
M. The proposed use recognizes and provides for the further
specific conditions and safeguards required for particular uses in
this article.
[Amended 6-12-2001 by L.L. No. 22-2001]
A. No authorization for a building permit shall be granted by the Planning Board for any use listed in this section unless the Board shall specifically find that, in addition to meeting all of the general standards set forth in §
330-122, the proposed special exception use also meets the special conditions and safeguards in this section.
B. Any deviation from the special conditions and safeguards
in this section shall be prohibited and can only be treated as a use
variance by the Zoning Board of Appeals.
A. The lot area shall be not less than 40,000 square
feet nor shall it have a frontage of less than 150 feet along a secondary
highway.
B. In the event that the site of a proposed automobile
laundry is within 500 feet of a church, school, library, playground
or similar place of public assembly, the Planning Board shall find
the following:
[Amended 3-9-1993 by L.L. No. 8-1993; 1-25-1994 by L.L. No. 5-1994]
(1) That the design incorporates measures so that the
traffic generated by the proposed facility will have no adverse impact
upon the foregoing uses.
(2) That the design incorporates measures so that the
facility will not generate noise that will adversely affect the foregoing
uses.
(3) That the design incorporates measures so that the
proposed facility will not adversely affect the safety of users of
the foregoing uses.
C. Storage area for vehicles waiting for service shall
be provided on the site and shall not occur on a public street or
highway. Not more than five motor vehicles shall be stored outdoors
overnight.
D. An automobile laundry shall not provide services other
than washing, waxing, simonizing or similar treatment.
E. Outdoor storage and display of accessories, portable
signs and outdoor repair work shall be prohibited at all times. Premises
shall not be used for the sale, rental or display of automobiles,
trailers, mobile homes, boats or other vehicles.
F. Water used in the washing process shall be recycled,
and the overall facility shall be designed, located and operated to
protect the groundwater reservoir from pollution.
A. The lot area shall be not less than two acres nor
shall there be less than two linear feet of beach frontage for each
individual member.
B. A beach club shall not provide dwelling units or any
other residence facility in excess of the number of dwelling units
that would be permitted on the site through the regular application
of this chapter.
C. All intensive outdoor activities shall be so located
on the property with reference to surrounding properties that they
shall be reasonably screened from view and compatible with the existing
or potential use of neighboring properties.
D. Outdoor lighting shall not project light onto nor
shall light sources be visible from neighboring properties. No outdoor
light source shall be more than 10 feet above the ground level underneath
it.
E. There shall be no outdoor public-address or music
system.
F. Beach club activities shall not include a nightclub.
G. Provisions shall be made for proper sanitary waste
disposal and water supply facilities in conformance with the requirements
of municipality and the Suffolk County Health Department and shall
be designed to protect the groundwater reservoir from pollution, saltwater
intrusion or excessive demand detrimental to the environment and neighboring
properties.
H. All parking of vehicles shall be provided for off
the street in appropriate off-street parking areas sufficient to meet
the needs of the membership and their guests.
I. Signs shall be limited to one announcement sign, not
over 12 square feet in area, which may either be attached to a building
wall or be a ground sign as provided in § 330-86B.
J. No food or beverage shall be served in any dining
room or on any part of the grounds of such club between the hours
of 9:00 p.m. and the following 9:00 a.m., except on Friday, Saturday
and Sunday nights and on nights preceding holidays when the closing
hour shall be 1:00 a.m., except that on Sunday nights it shall be
10:00 p.m.
A. All minor and major repairs to recreational boats
and commercial fishing vessels may be provided if such major repair
services shall not be deemed be incompatible with the use of adjoining
properties.
B. Outdoor storage of boats may be permitted.
C. Commercial fishing, dockage, warehousing, outdoor
storage and similar accessory uses may be permitted in connection
with a boatyard, provided that such uses are located at least 50 feet
from any residential district and provided that such use will not
be deemed to be incompatible with the use of adjoining properties.
D. In addition, all requirements listed for a marina
shall also apply to a boatyard.
A. The shelter shall be located to permit ample room
for the bus to conveniently leave the traveled roadway to pick up
or discharge passengers.
B. The design shall be harmonious with adjacent properties.
C. Such structure shall have no more than one announcement
sign, such sign not exceeding two square feet in area.
A. The lot area shall be not less than two acres, nor
shall it have a frontage of less than 200 feet along a collector street
or secondary highway.
B. All buildings and structures shall be at least 50
feet from any lot line, except that in no case shall it have less
than the required yard in the district in which it is located.
C. Lot coverage shall not exceed 20% or the maximum percentage
permitted in the applicable district, whichever is less.
D. Off-street parking shall not be located in any required
side or front yard applicable to permitted uses in the district nor
within 20 feet of any lot line in a required rear yard applicable
to permitted uses in the district.
[Added 8-13-2002 by L.L. No. 35-2002]
For highway business uses with buildings or
building complexes greater than 15,000 square feet:
A. A traffic impact analysis shall be submitted which
determines that the existing roadway network in the area of the proposed
development will be able to handle the existing through traffic plus
the additional traffic that the development will generate.
B. Design of the subject building or buildings shall
be consistent with the scale and character of the structures which
have been historically developed within the Town. The following are
design guidelines to be utilized in the design of the subject buildings:
(1) Roof type:
(b)
The two roof types that are predominantly encouraged
in the Town are gable and hip.
(c)
Given that there are a few examples of gambrel-
and mansard-roofed structures within the Town, their proliferation
is not encouraged; however, limited use of these roof types may be
permitted to lend variety.
(2) Roof massing: Single-roof type is not encouraged for
structures more than 5,000 square feet. Larger buildings shall have
a more complex roof design which consists of the main roof with lower,
intersecting secondary roof types, except for agricultural greenhouses.
(3) Roof pitch:
(a)
Gable roofs below 7:12 are prohibited.
(b)
Hip roofs shall be 4:12 to 9:12.
(c)
Gambrel roofs:
[1]
Upper roof shall be 5:12 to 8:12.
[2]
Lower roof shall be 18:12 to 20:12.
(d)
Mansard roofs shall be a maximum of eight feet
in height and shall be designed in proportion to the size of the facade
below. The roof shall step in from the eave to the top of the mansard
one to two feet. This does not apply to agricultural greenhouses.
[Amended 10-23-2001 by L.L. No. 42-2001]
A conversion of an existing one-family detached
dwelling for use as a two-family dwelling shall only be permitted
where the lot area and floor area are double that required for each
family in the applicable district and where the proposed dwelling
also complies with all other applicable requirements of this chapter.
The Planning Board may approve the conversion of an existing one-family
dwelling on a parcel with a lot area greater than 1 1/2 times
the minimum lot size of the applicable zoning district, provided that
at least one development right or PBC is transferred to the site.
[Amended 10-23-1990 by L.L. No. 27-1990; 10-6-2000 by L.L. No. 15-2000; 2-25-2003 by L.L. No.
13-2003]
A. Only one point of ingress and one point of egress,
or one point of combined ingress and egress, shall be provided per
street or common driveway frontage for each drive-through establishment.
Where the point of ingress is provided separately from the point of
egress on the same street or common driveway frontage, such points
of access shall be separated by a minimum distance of 100 feet, measured
from the center line of each point of access at the streetline.
B. The width of a curb cut from a street or common driveway
for each point of access into a drive-through establishment shall
only be as wide as necessary to accommodate the turning movements
of service, delivery or emergency vehicles and, where applicable,
shall be angled to provide safe and convenient turning movements,
while discouraging illegal turning movements.
C. On-site circulation may be one-way or two-way. However,
circulation for a drive-through establishment shall be in a one-way
counterclockwise direction so as to permit the driver's side to be
adjacent to the service window. On that side of a building that accommodates
the drive-through service windows, traffic circulation shall be one-way
only.
D. The width of a drive-through lane shall be at least
12 feet. Each stacking space within the drive-through lane shall be
a minimum length of 20 feet. No stacking space, when occupied, shall
prevent vehicles in designated parking spaces from turning into or
backing out of a parking space, nor prohibit or inhibit vehicles from
making turns or movements within the site. No portion of the designated
drive-through lane, including the required stacking spaces within
it, shall be utilized for or counted towards the minimum width necessary
to provide a driveway or driveway aisle for any parking space provided
adjacent to, parallel to or perpendicular to the drive-through lane.
E. An additional traffic lane shall be provided adjacent
to and along the full width of the outermost drive-through stacking
lane, to permit vehicles to leave the stacking lane and circulate
around the site. The width of the additional traffic lane shall also
be a minimum of 12 feet in width. The width of the additional lane
may also be utilized for and counted towards the minimum width necessary
to provide a driveway or driveway aisle for any parking space provided
adjacent, parallel or perpendicular to the drive-through stacking
lane. To the extent that the drive-through stacking lane and the additional
traffic lane adjacent to it curves around the rear of the building
in which the service window is provided, such lanes shall be set back
at least 25 feet from the rear wall of the building.
F. The on-site circulation system for a drive-through
establishment shall provide for safe, convenient and free-flowing
traffic circulation and shall avoid points of conflicting turning
movements, the flow of two-way traffic lanes into a one-way lane coming
in the opposite direction, sudden stops or requiring the sudden merging
of traffic. These principles shall apply not only to automobile traffic
movements but also to service delivery and unloading operations, to
garbage pickup, and for other landscaping, maintenance, street cleaning
and emergency vehicles.
G. Where more than one service window is provided for
a drive-through establishment, such service windows shall be located
on the same side of the building. Where more than one window is utilized
for each transaction, such as ordering, payment and pickup, such windows
shall be separated by a distance of at least 40 feet so as to allow
one vehicle to stack between the vehicles located at each service
window.
H. Ordering payment and pickup shall take place at service
facilities only. One sign, no more than 32 square feet, shall be permitted.
I. No drive-through or drive-in facility shall be permitted
in the front yard or in the case of a corner lot, in the side yard
adjacent to a public street.
[Added 10-6-2000 by L.L. No. 15-2000]
A. For fast-food restaurant sites which front on or have
access via a common driveway to either a state or county road, no
point of ingress directly into the site or to a common driveway providing
access to the fast-food restaurant shall be located closer than 100
feet to any intersection with a public or private road. No point of
egress directly from a fast-food restaurant site or from a common
driveway providing access to a fast-food restaurant shall be located
closer than 200 feet to the intersection of such state or county road
with a public or private road. No point of ingress or egress from
a fast-food restaurant shall be closer than 75 feet to a driveway
on an adjacent lot or site. No point of access into or out of a fast-food
restaurant site or common driveway providing access to a fast-food
restaurant site shall be located within 1,000 feet of a point of access
or common driveway providing access to another fast-food restaurant
site, measured from the center lines of such access driveways.
B. Where applicable and warranted for reasons of traffic
safety, left-hand-turn stacking lanes and right-hand-turn deceleration
or acceleration lanes shall be provided on state, county or local
roads, and such improvements shall be paid for by the applicant of
the fast-food restaurant. All necessary permits shall be obtained
by and paid for by the applicant.
C. The number of parking spaces as per the schedule in §
330-95 shall be provided. In addition, parking spaces shall be provided in sufficient size and number to accommodate over-size vehicles or vehicles with trailers. At least one parking space for a school bus shall be provided with a minimum of 12 feet wide by 30 feet in length with a height clearance of 14 feet. Where applicable and deemed necessary by the Planning Board, additional bus parking spaces shall be provided.
D. No parking shall be permitted in the front yard of
a fast-food restaurant. On a corner lot, parking may be permitted
in the yard which faces the secondary street or common driveway but
shall be set back from such street or common driveway by a minimum
of 40 feet.
E. For fast-food restaurants which do not have a drive-through window, the use of shared driveways, shared parking or off-street parking on a separate parcel, and cross-access agreements with other uses located on the same site or adjacent sites or lots, is encouraged, provided that the applicant can demonstrate that such shared arrangements will result in a more efficient layout and use of land, that on-site circulation is improved by such an arrangement, and that the provisions of §
330-100 of the Zoning Code, as applicable, can be met.
F. The on-site circulation system provided for a fast-food
restaurant shall provide for safe, convenient and free-flowing traffic
circulation and shall avoid points of conflicting turning movements,
the flow of two-way traffic lanes into a one-way lane coming in the
opposite direction, sudden stops or requiring sudden merging of traffic.
These principles shall apply not only to automobile traffic movements
but also to service delivery and unloading operations, to garbage
pickup and for other landscaping, maintenance, street cleaning and
emergency vehicles.
G. Pedestrian crosswalks shall be provided within parking
lots to provide access from the parking lot to the entrances of the
fast-food restaurant. Such pedestrian crosswalks shall utilize a paving
material different from that of parking and driveway aisles (such
as pressed colored concrete or brick pavers) and shall not be used
or counted as parking spaces. Such pedestrian crosswalks shall be
located to the rear and sides of the building adjacent to which parking
is provided. Such pedestrian crosswalks shall be a minimum of six
feet in width and shall provide ramping to permit wheelchair and stroller
accessibility.
H. In addition, pedestrian walkways or sidewalks shall
be provided elsewhere within the site to facilitate pedestrian movement
and, where applicable, connect with sidewalks or pedestrian walkways
for uses on the same site or on adjacent sites or lots.
I. Parking areas and vehicular and pedestrian circulation areas shall be lit as required by §
330-99B(2) of the Zoning Code. However, these areas shall be lit at night only to the extent necessary to provide safe and convenient vehicular and pedestrian circulation when the restaurant is open and shall be switched off 1/2 hour after closing and may not be turned on until 1/2 hour prior to opening.
J. All service areas, such as unloading operations and
garbage pickup, mechanical equipment and such facilities as packer
units, RZP valves, LP tanks, transformers, condensers, heating, ventilating
and air conditioner units, etc., shall be screened from streets and
common driveways and adjacent properties by means of opaque screening
in the form of fencing, plantings or berms, or a combination thereof,
to a height of at least six feet.
K. A row of shrubs or other landscape material which
is no less than 2 1/2 feet and no more than three feet in height shall
be provided along the outside perimeter of all parking and on-site
circulation areas. However, such landscaping shall not block sight
lines within the site. No outdoor storage of any kind, whether temporary
or permanent, and whether screened or not, shall be permitted.
L. All garbage and refuse emanating from the fast-food
restaurant shall be stored in facilities within the main building.
No accessory structures or buildings, whether screened or enclosed,
shall be provided for such purposes. In addition, no walk-in freezer
units shall be placed in accessory structures or buildings.
M. No outdoor seating areas, and no outdoor or indoor
playlands or playgrounds, shall be provided in conjunction with or
accessory to a fast-food restaurant.
N. No lighting shall be placed on the roof, nor shall
any roof be lit directly or indirectly by externally mounted lights.
O. No fast-food restaurant shall be open before 6:00
a.m. on any day nor close after 11:00 p.m. on weekdays and 12:00 midnight
on weekends or holidays.
P. Service deliveries and any loading or unloading operation
shall only occur between 6:00 a.m. and 6:00 p.m.
Q. Garbage pickup shall not be provided prior to 7:00
a.m. on weekdays and 8:00 a.m. on weekends or holidays.
R. No outdoor speakers, nor any outdoor music or public
address system, shall be provided.
S. No fast-food restaurant shall be permitted on a flagpole
lot.
T. The overall appearance and layout of the fast-food
restaurant, including both the building and the site, and the operation
thereof, shall be designed to be in conformity with the character
of the community in which it is located. Generic and standard architectural
design derivatives of national or regional chains shall not be permitted.
Architectural design, including the use of facade materials, roof
materials, window and door treatments, lighting, landscaping and signage,
shall be reflective of and harmonious with the vernacular architecture
of the particular hamlet in which the fast-food restaurant is located.
U. No more than 50% of a site or lot devoted to a fast-food
restaurant shall be covered by buildings, paving or other impervious
surfaces. All nonimpervious areas of the site shall be landscaped
or otherwise vegetated by means of lawn, ground cover, shrubs, trees
and other plantings. However, as much of the natural and existing
ground-cover shall be preserved. Plantings shall be native vegetative
species, not ornamental, and shall be such species that require little
irrigation or watering.
V. Notwithstanding the regulations in Article
XXII, the signage permitted for a fast-food restaurant shall be as follows:
[Amended 11-9-2004 by L.L. No. 39-2004]
(1)
One monument, detached or ground identification
sign, that may be externally lit per street or common driveway frontage,
no more than 20 square feet in size and no more than seven feet in
height from grade to the top of the structure, shall be permitted.
Such a sign shall be set back at least 20 feet from the property line
and located so as not to restrict sight distances of motorists exiting
the site.
(2)
One wall sign that may be externally lit for
each facade facing a street or common driveway, mounted flat against
the building, the size of which shall not exceed 10% of the area of
the building facade on which it is mounted but in no event more than
24 square feet in total and mounted no higher than the first floor
of the building, and with no individual letter more than two feet
in height.
(3)
No outside banners, flags (other than a municipal
flag or flag of the USA), sandwich boards, directional window signs
or other outside temporary signage shall be permitted.
[Added 10-6-2000 by L.L. No. 15-2000]
A. In addition to the requirements as set forth herein, all drive-through restaurants shall also meet the applicable requirements of this chapter, including requirements stipulated for drive-through establishments (§
330-131) and fast-food restaurants (§
330-131.1).
B. Drive-through restaurants shall adhere to the dimensional regulations for the Shopping Center Business District as set forth in §
330-34,
Business Districts Table of Dimensional Regulations, except that the more stringent standards as set forth below shall apply:
[Amended 11-28-2000 by L.L. No. 18-2000]
(1)
The minimum lot area shall be 80,000 square
feet. In calculating lot area, any portion of the property within
wetlands, or slopes of greater than 15% or other constraints which
prevent buildings, parking areas or landscaping from being provided,
shall be excluded from the minimum lot area requirement.
(2)
The minimum lot width shall be 250 feet.
(3)
The maximum lot coverage for main and accessory
buildings shall be 15%.
(4)
The minimum yards for a principal building shall
be 75 feet for the front yard, 75 feet for each side yard and 100
feet for the rear yard.
(5)
No parking shall be permitted in the front yard.
Where parking is provided in a yard other than the front yard of a
corner lot facing a street, the setback to such parking area shall
be a minimum of 40 feet. The minimum setback from property lines to
parking areas in the rear and side yards shall be 25 feet.
(6)
The minimum setback of all parking areas and
circulation driveways from the main or accessory buildings shall be
15 feet, except that, along that side of the building on which the
service window or windows are provided, the drive-through lane may
run alongside the building.
C. No two or more drive-through restaurants shall be
permitted on the same site or same lot.
D. No more than one drive-through lane shall be permitted
per drive-through restaurant. Within each drive-through lane at least
two service windows, each performing a separate function, shall be
provided. No loudspeaker or window service system shall be permitted.
No freestanding order or menu boards shall be permitted. One order
or menu board, no larger than 30 square feet in size and mounted to
the side or rear wall of the building, shall be permitted.
E. The drive-through lane for a drive-through restaurant
shall provide a minimum stacking of a total of 12 vehicles, including
the vehicles located at the service windows.
F. The circulation lane provided to permit vehicles which
have circulated around or through the drive-through windows to circulate
around the front of the building and access to parking areas on the
opposite side or rear of the building shall be a one-way lane, in
a counterclockwise direction, shall be no more than 15 feet in width
and shall be no closer than 15 feet to the front of the building nor
closer than 50 feet to the streetline.
G. No drive-through restaurant shall provide, utilize
or share any parking facilities with another use or lot. A drive-through
restaurant, including the building, parking, on-site circulation and
entire drive-through service facility shall be provided on its own
lot, separate and distinct from any other use, structure or building.
Such a drive-through restaurant may share access to a street with
another use or site via a common driveway, but such driveway shall
not serve as a driveway aisle or provide direct access into any parking
spaces.
H. A pedestrian crosswalk in front of or crossing the drive-through stacking lane shall be provided whenever the drive-through stacking lane is located between the main building and any off-street parking area. Such a pedestrian crosswalk shall be designed in accordance with §
330-131.1G. Where such crosswalk crosses a drive-through lane, it shall not be counted as part of a stacking space, and a stop sign shall be placed at the crosswalk to prevent pedestrian-vehicular conflicts.
I. The Planning Board shall direct the applicant to submit
a traffic study which shall demonstrate that the impact of traffic
generated by the proposed drive-through restaurant shall not be a
significant detriment to the community or to the local road network.
Such a traffic study may cover one or all of the following elements:
existing and projected traffic conditions, capacity and levels of
service; traffic safety; the operation and coordination of traffic
signals; on-site circulation and parking; access to and from the site;
off-site improvements needed to accommodate site traffic; and other
improvements needed to mitigate adverse traffic impacts resulting
from the proposed use. The applicant must demonstrate that the proposed
restaurant use will not alter levels of service or utilize available
traffic capacity to such an extent that it cannot be adequately mitigated
or otherwise create unsafe on-site or off-site traffic conditions.
J. All traffic signs and pavement markings shall be in
accordance with the New York State Manual of Uniform Traffic Control
Devices (NYS MUTCD). Pedestrian crosswalks and signs shall be in accordance
with the NYS MUTCD and shall be provided at locations where significant
crossing activities occur, such as at main building doorways and across
drive-through lanes.
K. No drive-through facility shall be located in a yard
directly adjacent to a residential zone.
[Added 2-25-2003 by L.L. No. 13-2003]
A. The lot area shall be not less than 40,000 square
feet, nor shall it have a frontage of less than 200 feet along a collector
street or secondary highway.
B. No church, school, library, playground, museum, historic
building or similar place of public assembly, drainage channel, surface
waters or environmental park shall be within 500 feet of the site.
C. Entrance or exit driveways shall be located at least
20 feet from any side or rear property line. Such driveways shall
be so laid out as to avoid the necessity of any vehicle backing across
any right-of-way.
D. Curbs shall be constructed so as to channelize all
traffic to permitted curb cuts. There shall be no more than two curb
cuts on any street frontage.
E. All pumps and lubricating and other devices shall
be located at least 50 feet from any building, structure or street
line.
F. All gasoline, oil or other volatile flammable liquids
shall be stored in accordance with the provisions of the applicable
Town ordinances and of New York State regulations.
G. All motor vehicle parts, dismantled vehicles and similar
articles shall be stored within the principal building.
H. Storage areas for vehicles waiting for service shall
be provided on the site and shall not occur on a public street or
highway. Not more than five motor vehicles shall be stored outdoors
at any time between 12:01 a.m. and 6:00 a.m.
I. Outdoor storage and display of accessories, portable
signs and outdoor repair work shall be prohibited at all times. Premises
shall not be used for the sale, rental or display of automobiles,
trailers, mobile homes, boats or other vehicles. The sale, rental
or display of automobiles, trailers, mobile homes, boats or other
vehicles shall be considered a separate and distinct use from that
of a filling station and, as such, shall be required to comply with
all requirements of this chapter as they relate to such uses.
A. Any such installation of flammable liquids or gas
shall be in conformance with the applicable recommendations of the
National Board of Fire Underwriters.
B. The recommendations of the local Fire Chief having
jurisdiction and of the Town Bureau of Fire Prevention shall also
be considered prior to approval of such a use.
C. All such uses shall be located on sites large enough
to contain the impact of any potential accident that might result
from their existence without damage to adjacent properties, any surface
waters or the groundwater reservoir.
[Added 2-25-2003 by L.L. No. 13-2003; amended 4-27-2004 by L.L. No. 17-2004]
A. In addition to the requirements set forth herein, all drive-through or drive-in banks shall also meet the applicable requirements of this chapter, including requirements stipulated for drive-through establishments (§
330-131).
B.
(1) The minimum lot area shall be 60,000 square feet.
(2) The minimum lot width and minimum lot frontage shall
be 250 feet.
(3) The minimum yards for a main building, including any
canopy or roof extension, shall be 50 feet for the front yard, 25
feet for one side yard and 60 feet for both side yards, and 50 feet
for a rear yard.
(4) At least the first 30 feet of the lot adjacent to
any street line shall be landscaped, and 15 feet adjacent to any lot
line shall not be used for parking and shall be suitably landscaped.
(5) The minimum setback of all parking areas and circulation
driveways from the main building shall be 10 feet, except that, along
that side of the building on which the teller facilities are provided,
the drive-through or drive-in stacking lanes may run alongside the
building.
C. No more than three drive-through or drive-in stacking
lanes shall be permitted per banking establishment.
D. No drive-through or drive-in facility shall be permitted
for any use which is designed, intended or used for any other purposes
besides a bank.
E. A drive-through or drive-in bank, including the building,
parking, on-site circulation and the entire drive-through or drive-in
service facility shall be provided separately and distinctly from
any other use, building, parking area and vehicular circulation system
for any other use provided on the same lot or an adjacent lot. Where
a drive-through or drive-in bank facility is provided on the same
lot as another use or building, such uses shall be separated by an
open space area of at least 25 feet in width, and suitably landscaped.
Such open space area may only be traversed by vehicular driveways
or pedestrian crossings, so as to permit shared access, or shared
parking.
F. Three stacking spaces shall be provided per drive-through
or drive-in facility, plus an additional five stacking spaces overall.
G. Pedestrian crosswalks shall be provided within parking
lots to provide access from the parking lot to the bank entrance,
including, where necessary, a crossing of the drive-through or drive-in
stacking lanes where such lanes are located between the main building
and any off-street parking area. Such pedestrian crosswalks shall
be painted on the paved surface or comprise paving of a different
material from that of the parking or driveway aisles. Such pedestrian
crossings shall be a minimum of six feet in width and shall provide
ramping to permit wheelchair and stroller accessibility.
H. No more than 50% of the site or lot shall be covered
by buildings, parking or other impervious surfaces. All nonimpervious
areas of the site shall be landscaped and maintained year-round.
I. The overall appearance of the drive-through or drive-in
bank, including the building canopy and the site, shall be designed
in conformity with the character of the community in which it is located
and reflect the vernacular architecture of the particular hamlet in
which it is located. Generic and standard architectural design derivative
of national or regional branches shall not be permitted.
J. Drive-through or drive-in facilities shall be provided
only if they are attached to the main building. Such attachment shall
be provided in the form of a canopy extension from the main building,
utilizing an architectural design and materials which match those
of the main building. The roof of the canopy extension shall utilize
the same pitch and materials as those of the main building. The canopy
shall extend the full extent of the outermost drive-through stacking
lane. The columns or structure supporting the canopy shall be of an
architectural design. No rectangular concrete or circular metal poles
shall be permitted.
K. No drive-through or drive-in bank building, or drive-through
or drive-in service facility or stacking lane, shall be located within
50 feet of a residential zone. In addition, where located adjacent
to a residential zone, a buffer consisting of a combination of fencing,
berming and/or trees and shrubs shall provide a solid year-round screen
to a height of at least six feet. This shall be placed in the rear
yard and, in the case of a corner lot, shall be determined by the
Planning Board.
L. No drive-through or drive-in facility and no stacking
lane servicing such facility shall be located within 50 feet of a
street right-of-way.
M. No driveway shall be located within 10 feet of a lot
line, or closer than 30 feet to a driveway on an adjacent property,
or within 150 feet of a street intersection.
N. All drive-through or drive-in facilities shall have
adequate directional signage and striping to ensure safe and efficient
operation of the facility.
O. All banks and credit agencies, including those having
drive-through or drive-in facilities, in the LI-40 Zoning District
shall only be located on a secondary highway as defined in the 1970
Town of Southampton Master Plan.
A. Such housing shall meet the minimum standards and
all the requirements of the State Sanitary Code, as amended, except
that where any other law or ordinance or regulation imposes a greater
restriction, such law, ordinance or regulation shall control.
B. Dwellings and group quarters shall be located on the
site of a farm which employs agricultural laborers.
C. The placement of dwellings and group quarters shall
have access to a paved street or driveway.
D. All such residential buildings and their accessory
uses shall be no less than 200 feet from any side or rear lot line
and 150 feet from any front lot line.
A. All processes and storage shall be carried on within
an enclosed building.
B. All fluids used in processing shall be recycled, and
the overall facility shall be designed, located and operated to protect
the groundwater reservoir from pollution.
A. No deleterious effect shall be created with reference
to the groundwaters of the municipality, and the effect of development
on the ecology of adjacent tidal waters shall be minimized.
B. Sanitary rest rooms, holding tanks and sewage disposal
shall be provided in accordance with the regulations of the Town,
the Suffolk County Health Department and New York State.
C. There shall be provisions made for the collection
and disposal of boat-generated solid wastes.
D. Outdoor lighting shall not project light onto nor
shall light sources be visible from neighboring land properties. No
marina light sources shall be more than 10 feet above the ground or
dock level underneath it. These provisions shall not exclude appropriate
navigational aides deemed necessary by the Town.
E. Accessory service functions may include the provision
of fuel and supplies, minor and emergency repairs for boating and
boat rentals. Boat storage shall only be permitted in an enclosed,
permanent structure.
F. Fuel storage facilities shall be adequately containerized
so as to prevent spillage, leakage or damage from storms and shall
be set back no less than 50 feet from the mean high-water line; except
that gasoline pumps may be located conveniently to service boats,
provided that precautions are taken to prevent spillage in the waters
of the Town. In no case shall fuel storage or service pumps be located
less than 100 feet from adjacent lot lines, and the recommendations
of the Town Bureau of Fire Prevention shall be considered.
[Added 6-26-2018 by L.L.
No. 13-2018]
A. The Planning Board shall find that the subject parcel lawfully exists
for use as a marina and/or boatyard as of the effective date of this
section.
B. The special exception standards of §
330-137, Marina for private profit, shall apply.
C. The special exception Standards of §
330-126, Boatyard, shall apply.
D. Proposed structures shall be arranged to minimize obstruction of
the existing viewshed as can be seen from the public right-of-way.
E. The site plan must demonstrate an interior circulation plan accommodating
all modes of vehicle transportation, including pedestrians and bicycles.
F. An innovative/alternative on-site wastewater treatment system on the premises may be required by the Planning Board as approved by the Suffolk County Department of Health Services in accordance with §
123-52.
G. The following minimum required transitional yards and screening shall
be provided within the nonresidential property in order to assure
orderly and compatible relationships along certain boundary lines:
(1)
Adjoining residential properties:
(a)
The minimum required transitional side and rear yards shall
be 20 feet.
(b)
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.
(2)
Adjoining street rights-of-way. The minimum required transitional
front yard shall be 20 feet, unless the Planning Board finds for aesthetic
and safety reasons that additional area is necessary.
(a)
The minimum required screening within such transitional yards
cited above shall be landscape plantings, including evergreen shrubs
not less than three feet in height and street trees meeting Town specifications.
Any fencing proposed greater than six feet, as deemed appropriate
by the Planning Board, shall require landscaping located between the
fence and the public right-of-way.
[Amended 6-23-2020 by L.L. No. 4-2020]
[Added 2-11-2003 by L.L. No. 9-2003.]
Buildings greater than 15,000 square feet in
the Office District (OD) shall comply with these additional criteria,
as follows:
A. Design of the subject building or building complex
shall be consistent with the scale and character of the structures
which have been historically developed within the Town. They shall
be scaled appropriately for the neighborhood. They shall be aesthetically
pleasing and enhance the character of the neighborhood. The following
are design guidelines to be utilized in the design of the subject
buildings:
(1) Roof type: no flat roofs. The two roof types that
are predominantly encouraged in the Town are gable and hip. Given
that there are a few examples of the gambrel and mansard roofed structures
within the Town, their proliferation is not encouraged; however, limited
use of these roof types may be permitted to lend variety.
(2) Roof massing: Single roof type is not encouraged for
structures more than 5,000 square feet. Larger buildings shall have
a more complex roof design which consists of the main roof with lower,
intersecting secondary roof types, except for agricultural greenhouses.
(3) Roof pitch:
(a)
Gable roofs: below 7:12 are prohibited.
(b)
Hip roofs: shall be 4:12 to 9:12.
(c)
Gambrel roofs: upper roof shall be 5:12 to 8:12;
lower roof shall be 18:12 to 20:12.
(d)
Mansard roofs: maximum of eight feet in height,
and shall be designed in proportion to the size of the facade below.
The roof shall step in from the eave to the top of the mansard one
to two feet. This does not apply to agricultural greenhouses.
B. There is significant public benefit to be derived
from the proposed facility or building; and
C. The applicant demonstrates a need for a building or
building complex larger than 15,000 square feet; and
D. The size of the subject parcel can accommodate the
proposed building or building complex; and
E. Submission of a traffic impact analysis which determines
that the existing roadway network in the area of the proposed development
will be able to handle the existing through traffic, plus the additional
traffic that the development will generate.
[Added 2-11-2003 by L.L. No. 10-2003]
Buildings greater than 15,000 square feet in
the Shopping Center Business Zone shall comply with these additional
criteria as follows:
A. Design of the subject building or building complex
shall be consistent with the scale and character of the structures
which have been historically developed within the Town. They shall
be sealed appropriately for the neighborhood. They shall be aesthetically
pleasing and enhance the character of the neighborhood. The following
are design guidelines to be utilized in the design of the subject
buildings:
(1) Roof type: no flat roofs. The two roof types that
are predominantly encouraged in the Town are gable and hip. Given
that there are a few examples of the gambrel and mansard roofed structures
within the Town, their proliferation is not encouraged. However, limited
use of these roof types may be permitted to lend variety.
(2) Roof massing: Single roof type is not encouraged for
structures more than 5,000 square feet. Larger buildings shall have
a more complex roof design which consists of the main roof with lower,
intersecting secondary roof types, except for agricultural greenhouses.
(3) Roof pitch:
(a)
Gable roofs: below 7:12 are prohibited.
(b)
Hip roofs: shall be 4:12 to 9:12.
(c)
Gambrel roofs: upper roof shall be 5:12 to 8:12;
lower roof shall be 18:12 to 20:12.
(d)
Mansard roofs: maximum of eight feet in height,
and shall be designed in proportion to the size of the facade below.
The roof shall step in from the eave to the top of the mansard one
to two feet. This does not apply to agricultural greenhouses.
B. There is significant public benefit to be derived
from the proposed facility or building; and
C. The applicant demonstrates a need for a building or
building complex larger than 15,000 square feet; and
D. The size of the subject parcel can accommodate the
proposed building or building complex; and
E. Submission of traffic impact analysis which determines
that the existing roadway network in the area of the proposed development
will be able to handle the existing through traffic, plus the additional
traffic that the development will generate; and
F. Grocery stores greater than 15,000 square feet shall
require a market study that shall examine the economic impacts of
this type of large-scale development on existing centers, especially
with regard to the continued health of hamlet and village anchors.
A. There shall be no less than 11,000 square feet of
lot area for each guest unit.
B. Provisions shall be made for proper sanitary waste
disposal facilities and water supply in conformance with the requirements
of the Town and the Suffolk County Health Department and shall be
designed to protect the groundwater reservoir from pollution, saltwater
intrusion or excessive demand detrimental to the environment and neighboring
properties.
C. All intensive outdoor activities shall be so located
on the property with reference to surrounding properties that they
shall be reasonably screened from view and compatible with the existing
or potential use of neighboring properties.
D. Outdoor lighting shall not project light onto, nor
shall light sources be visible from, neighboring properties. No outdoor
light source shall be more than 10 feet above the ground level underneath
it.
E. There shall be no outdoor public-address or music
system audible beyond the limits of the property.
A. There shall be no less than 11,000 square feet of
lot area for each guest unit.
B. Provisions shall be made for proper sanitary waste
disposal facilities and water supply in conformance with the requirements
of the Town and the Suffolk County Health Department and shall be
designed to protect the groundwater reservoir from pollution, saltwater
intrusion or excessive demand detrimental to the environment and neighboring
properties.
C. All intensive outdoor activities shall be so located
on the property with reference to surrounding properties that they
shall be reasonably screened from view and compatible with the existing
or potential use of neighboring properties.
D. Outdoor lighting shall not project light onto, nor
shall light sources be visible from, neighboring properties. No outdoor
light source shall be more than 10 feet above the ground level underneath
it.
E. There shall be no outdoor public-address or music
system audible beyond the limits of the property.
[Amended 10-6-2000 by L.L. No. 15-2000; 4-13-2004 by L.L. No. 15-2004]
A. A nightclub or similar entertainment establishment
shall not be less than 1,000 feet from any church, school, playground
or park, hospital, nursing home, proprietary rest home or similar
public or semipublic facility, and, further, it shall be not less
than 500 feet from any residential district.
B. All interior areas shall be designed for containing
noise-generating activities and shall be sufficiently sound insulated
so as to avoid any noise nuisances beyond the property boundary. There
shall be no outdoor public address or music system, except when required
to meet the provisions of Chapter 4, § 404, of the Fire
Code of the State of New York.
C. All entertainment activities shall be conducted within
a fully enclosed building.
[Added 9-11-2007 by L.L. No. 46-2007]
The following apply to dry cleaning - neighborhood
service facilities:
A. Maximum of one dry-cleaning machine per establishment,
having a maximum capacity of 65 pounds per load.
B. The dry-cleaning machine shall be of a “closed
system” design where the cleaning, extracting, drying, and deodorizing
are all conducted within a self-contained machine.
C. The facility shall be classified as Type III pursuant
to § F1203.2 of the NYS Fire Prevention and Building Code.
D. The garments dry cleaned within the facility shall
be those of the direct retail customer, and shall not be from other
pickup and drop-off facilities.
A. The lot area shall be not less than 40,000 square
feet, nor shall it have a frontage of less than 150 feet along a street,
except that in no case shall the lot area or the frontage be less
than that required in the applicable district.
B. All buildings shall be set back at least 50 feet from
any property line, and in no case shall be setback be less than that
required in the applicable district.
C. Prior to approval, consideration shall be given to
all applicable regulations governing such occupancies, including the
recommendations of the local Fire Chief having jurisdiction.
[Added 5-26-2009 by L.L. No. 22-2009]
A. The
lot area shall not be less than 60,000 square feet.
B. The
lot shall not have a frontage of less than 150 feet along a street,
and in no case shall the lot area or the frontage be less than that
required in the applicable district
C. All
buildings shall be set back at least 50 feet from any property line,
and in no case shall the setback be less than that required in the
applicable district.
D. The
design, mass and scale of all buildings shall be consistent with that
of the adjacent neighborhood, with specific attention paid to the
existing character of any surrounding residential area.
E. No
parking shall be permitted in the required front yard setback, and
parking shall be adequately screened from the adjacent roadway and
properties.
F. A needs/demand
statement and management and operations statement shall be submitted.
Said statement shall, as a minimum, review and analyze the existing
ratios of the nearest hamlet population to the proposed number of
facility beds.
G. Prior
to approval, consideration shall be given to all applicable regulations
governing such occupancies, including the recommendations of the local
Fire Chief having jurisdiction.
H. Prior
to the issuance of a certificate of occupancy, the owner and operator
shall be licensed as required by the applicable local, county, state
and federal agencies.
[Added 1-23-2018 by L.L.
No. 4-2018]
A. Prior to the issuance of a certificate of occupancy, the owner and
operator shall be approved by New York State pursuant to New York
State Public Health Law, Article 46-B, and any other applicable local,
county, state and federal agencies.
B. These dimensional and density standards supersede any reciprocal
standards in the applicable zoning district. Dimensional, density
and other standards not referenced herein shall be as required in
the applicable zoning district.
C. The minimum site area shall be three acres.
D. The minimum street frontage width shall be 150 feet or commensurate
with the requirement of the applicable zoning district, whichever
is greater.
E. The minimum front, side and rear yard setbacks for the principal
building shall be 35 feet or commensurate with the requirements of
the applicable zoning district, whichever is greater. The yard setbacks
for accessory buildings and structures shall be commensurate with
the requirements of the applicable zoning district.
F. The maximum number of assisted-living-unit beds shall be 25 beds
per acre of property area.
G. The maximum number of assisted-living-unit beds shall not exceed 100 beds, regardless of the property size, unless affordable units are provided, in which case the maximum number of beds may not exceed 120% of the maximum permitted number of beds, whereby for each unit bed that exceeds the maximum permitted, one affordable-rate-unit bed shall be provided for each two market-rate-unit beds with the affordable-rate beds rounded up to the nearest whole number. Any such affordable units shall comply with the provisions of Chapter
216 of the Town Code.
H. The minimum area for any individual assisted-living unit shall be
400 square feet.
I. The maximum gross floor area of the principal building shall not
exceed a ratio of 900 square feet per assisted-living unit.
J. The maximum height of the principal building shall be 35 feet measured
to the eave of the roof.
K. The design, mass and scale of all buildings shall exhibit architectural
features characteristic of a residential home regardless of the zoning
district or the adjacent zones or uses.
(1)
Visible flat roofs shall be prohibited.
(2)
Gable and hip roofs are encouraged; however, limited use of
gambrel and mansard roofs may be permitted to lend variety.
(3)
Buildings greater than 5,000 square feet in size shall have
a more complex roof design consisting of a main roof with lower, intersecting
secondary roof types, rather than a consistent single-roof type.
(4)
Gable roofs shall have a pitch of at least 7:12. Hip roofs shall
have a pitch of 4-9:12. Gambrel roofs shall have an upper roof pitch
of 5-8:12 and a lower roof pitch of 18-20:12.
(5)
Mansard roofs shall be a maximum height of eight feet and shall
be designed in proportion to the size of the facade below.
L. No parking shall be located in the required front yard setback and
in no case less than 50 feet from a street or front lot line.
M. At least one truck loading / unloading space shall be provided in
a location least impactful to any neighboring residential property.
N. Parking areas shall be provided pursuant to §
330-95 and shall be adequately screened from adjacent roadways and properties.
O. Transitional yards shall be provided pursuant to §
330-83.
P. Regardless of the zoning district, a landscape screening buffer,
not less than 20 feet in width, consisting of massed trees and shrubbery
or existing mature vegetation supplemented by new landscaping, shall
be established and maintained along all side and rear property lines.
The trees and shrubbery shall consist of evergreens and deciduous
plant material to create a tall, dense buffer creating habitat for
wildlife and visual relief for the neighbors. The Planning Board may
require fencing along property lines to provide screening for neighbors
or site occupants, or to delineate property boundaries.
Q. At least 30% of the total site area shall be devoted to open space
which shall consist of existing natural vegetation and / or ornamental
landscaping and shall be well-maintained with grass, appropriate recreational
amenities, walking paths, trees, shrubbery and other suitable plant
materials approved during site plan review.
R. Accessory structures including facilities necessary to meet the proper
maintenance, security, storage and utility needs of the development,
are permitted. Ancillary uses providing services or amenities only
for site residents, such as but not limited to recreation rooms, lounges,
rehabilitation facilities, exercise rooms and similar facilities,
are permitted. In addition to the maximum permitted unit beds, no
more than one unit bed shall be allowed for occupancy by a property
superintendent or site manager.
S. The site shall have frontage on a collector or arterial street, and
circulation driveways shall be designed so that vehicular access does
not enter or exit from a minor residential street.
T. The site shall be located within a one-half-mile distance from a
Hamlet Center [Village Business (VB), Shopping Center Business (SCB)
and Hamlet Commercial / Residential (HC) Zones] or an Incorporated
Village Boundary. Upon satisfactory proof, the Zoning Board of Appeals
may grant relief to this requirement.
U. No assisted-living facility shall be located on a separate parcel
of land, within 1/4 mile of another such facility.
V. Shuttle bus; off-site services.
(1)
An assisted-living facility shall provide a shuttle bus / transportation
service. Applications for an assisted-living facility shall include
a written description indicating how residents of the facility shall
have access to the following off-site services. Those off-site services
marked with an asterisk (*) are mandatory, and transportation to such
services and facilities shall be designated as regular routes in the
written description of the transportation system:
(c)
Non-emergency hospital visits *.
(d)
Doctor and dentist offices *.
(h)
Religious institutions *.
(k)
Restaurants or snack shops *.
(l)
Adult education facility.
(m)
Cinema / theater / performing arts.
(n)
Medical emergency services.
(o)
Nursing home or other assisted / independent living facility.
(q)
Recreation / civic center.
(2)
The availability of the transportation system and the locations
of the services and facilities included in the transportation route
shall be determined by the operator of the assisted-living facility
in a manner that addresses the reasonable needs of the residents.
In making this determination, when multiple services and facilities
are available, the provision of transportation to services and facilities
within seven miles of the assisted-living facility shall be presumed
to be reasonable.
A. The lot area shall be not less than five acres.
B. When adjacent to any residence district, there shall
be a transitional yard 150 feet in depth along all property lines,
with natural screening or screen plantings and an eight-foot chain
link fence on the inside boundary of such yard to assure compatibility
with adjacent properties.
C. Water used in the washing process shall be recycled,
and the overall facility shall be designed, located and operated so
as to protect the groundwater reservoir from pollution.
A. In any Country Residence District or any Multifamily
Residence District, the lot area shall be not less than three acres
nor shall the frontage be less than 200 feet on a collector street
or secondary highway.
B. In any district where such use is located in a building
or structure of historical or cultural significance, as determined
by the Board of Architectural Review, the lot area and/or the frontage
requirements may be varied in keeping with the existing lot area and
frontage if such action will serve as a means of preserving such building
or structure in a manner significant and enhancing to the local environment.
C. Such uses shall not include any intensive outdoor
activity other than off-street parking and similar service uses.
D. When such use proposes to include intensive outdoor
activity as an accessory use, the lot area and special requirements
of the nonprofit membership or country club or golf course shall apply.
E. When proposed in compliance with Subsection
D, all intensive outdoor activities shall be so located on the property with reference to surrounding properties that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.
F. Outdoor lighting shall not project light onto nor
shall light sources be visible from neighboring properties. No outdoor
light source shall be more than 10 feet above the ground level underneath
it.
G. There shall be no outdoor public-address or music
system.
H. A private kitchen and bar accessory to the primary
use, solely for the use of members and their escorted guests, shall
be permitted in the OD District, provided that the lot area shall
be not less than 40,000 square feet; further, it shall be permitted
in any CR District, provided that the lot area is not less than five
acres. In the CR District, no food or beverage shall be served in
any dining room or on any part of the grounds of such philanthropic,
fraternal, social or educational institution between the hours of
9:00 p.m. and the following 9:00 a.m., except on Friday, Saturday
and Sunday nights and on nights preceding holidays when the closing
hour shall be 1:00 a.m., except that on Sunday nights it shall be
10:00 p.m.
When located in or adjacent to residential districts,
all parking and any outdoor equipment storage shall be properly screened
from the view of such adjacent properties.
[Amended 4-13-2004 by L.L. No. 16-2004]
A. No tavern or bar shall be located within 500 feet
of any church, school, playground, park, hospital, nursing or proprietary
rest home or similar public and semipublic place nor within 500 feet
of any residential district.
B. Any live entertainment in a tavern or bar must comply with Chapter
235 of the Southampton Town Code.
A. The lot shall have frontage on a collector street
or secondary highway.
B. All parking areas for operating vehicles shall be
paved, curbed and drained in accordance with municipal specifications.
Such areas shall be at least 60 feet from any residence district boundary
and at least 25 feet from any property line. No vehicle shall park
or stand outside such paved parking area.
C. All fuel pumps and lubricating and other devices shall
be located at least 25 feet from any building, structure or property
line.
D. All fuel, oil, gasoline or similar substances shall
be stored underground and at least 25 feet from any and all property
lines. Such facilities shall be installed and maintained in accordance
with the standards of the National Board of Fire Underwriters.
E. All dismantled automobiles, trucks, tractors, trailers
and similar equipment and parts and accessories thereof shall be stored
within a building.
F. Screening shall include planting of evergreen bushes
or trees in addition to a fence, so that truck motor noise and the
sound of overnight operation of refrigeration units shall be muffled
when adjacent to any residence district.
A. Adjacent properties shall be adequately protected
from noise, odors and unsightly appearance.
B. All buildings, structures and accessory use areas,
except off-street parking, shall be at least 50 feet from any property
line.
C. Cadavers and contaminated materials shall be disposed
of in accordance with the applicable Town, county or state regulations.
Shooting shall be conducted in a safe manner
and shall not create a public nuisance. To ensure that these conditions
are met, the Town bay require the licensing of indoor and outdoor
shooting and may establish, by local law, such regulatory measures
as it deems necessary.
A commercial fishing facility may include a
combination of wholesale and retail sale of finfish and/or shellfish.
A. The lot shall have frontage on navigable tidal waters
with a depth sufficient to permit commercial fishing boat docking
and unloading facilities.
B. No fish factory operation or similar heavy processing
shall be permitted.
C. The preparation of local finfish and shellfish for
marketing, including icing and filleting of fish, shucking of shellfish
and cooking of lobsters and crabs, shall be permitted and their retailing
permitted as an accessory use.
D. Disposal of waste products and cleaning of water shall
be in accordance with the applicable Town, county or state regulations,
so that no lands or waters of the Town shall be degraded.
E. Provisions for visual screens and noise barriers must
be possible and shall be required where such use is proposed adjacent
to a dwelling, motel, restaurant, membership club, public or semipublic
place or similar use where the economic and social well-being of such
neighboring uses requires protection.
F. The intent in permitting both wholesale and retail
sale being to complement the existing eastern Long Island seafood
industry, a continuing condition of the granting of such special exception
use shall be that the substantial portion of the fresh product sold
upon the premises shall have been harvested in waters within or contiguous
to the Town of Southampton or adjacent Townships and including sales
from owners or operators of fishing vessels whose hailing port shall
be within the Town of Southampton or adjacent Townships.
A. Such expansion shall utilize contiguous property only
or property contiguous to a road or right-of-way which separates the
two properties.
B. Such additional land that is acquired shall remain
in the same title as the existing cemetery.
C. Authorization by the Planning Board shall be conditioned
on approval by the Town Board as provided in the Not-For-Profit Corporation
Law of the State of New York.
A. Such housing shall meet the minimum standards and
all the requirements of the State Sanitary Code, as amended, except
that where any other law or ordinance or regulation imposes a greater
restriction, such law, ordinance or regulation shall control.
B. Dwelling and group quarters shall be located on the
site of the restaurant and must be attached to the principal building
and have direct access to a paved street or driveway.
C. All such dwelling and group quarters (as accessory
uses) shall be no less than 50 feet from any side or rear lot line.
D. There shall be no kitchen or cooking facilities within
the dwelling and group quarters.
E. The dwelling and group quarters shall only be occupied
by full-time (40 hours per week) employees of the restaurant.
F. No more than two employees shall reside in any one
room to be constructed pursuant to this section.
G. Accommodations may be provided, pursuant to this section,
as follows:
(1) There shall be no entitlement on parcels of 40,000
square feet or less.
(2) One such employee for each 15 dining settings regularly
maintained and provided by the place of business for its patrons or
guests, but in no event shall be entitlement exceed one such employee
for each 2,500 square feet in excess of 40,000 square feet of lot
area housed within the coverage authorized in the zoning district.
H. Notwithstanding the other provisions hereof, no more
than eight rooms may be constructed pursuant to this section.
A. The Planning Board shall refer all applications for
conversion to the Town Department of Fire Prevention for review in
relation to applicable fire safety codes and shall consider any recommendations
prior to final action on the application.
B. The application for conversion shall include the entire
parcel devoted to the multiple dwelling, resort motel or transient
hotel/motel use. Any approval of said application by the Planning
Board in a residential district shall require the conversion of the
entire parcel to residential condominium or residential cooperative
use.
[Amended 6-8-1993 by L.L. No. 15-1993]
C. The Planning Board shall find that the subject parcel
lawfully exists for use as a multiple dwelling, resort motel, transient
hotel/motel, apartment or cottage complex as of the effective date
of this section.
[Amended 6-8-1993 by L.L. No. 15-1993]
D. The total floor area of all buildings after conversion
shall not exceed the total floor area of all buildings located on
the subject parcel as of the effective date of this section nor shall
the total number of dwelling units after conversion exceed the total
number of resort, transient, apartment, or cottage units legally existing
as of the effective date of this section on the property. The foregoing
sentence shall not, however, preclude construction or expansion of
buildings or structures from reaching the maximum lot coverage allowed
in the applicable district so long as the maximum allowable density
in the applicable district is not exceeded.
[Amended 6-8-1993 by L.L. No. 15-1993]
E. Each dwelling unit to be converted to a residential
condominium or residential cooperative use shall contain a minimum
living area of 600 square feet. Living area shall be deemed to be
exclusive of unenclosed porches, breezeways, garage areas, basements
and cellar rooms or areas.
[Amended 6-8-1993 by L.L. No. 15-1993]
F. Only those accessory uses which are permitted by the
Planning Board shall be permitted to exist upon the subject parcel,
and all such accessory uses shall be used only by residents and their
guests and shall not be available to the general public.
[Amended 6-8-1993 by L.L. No. 15-1993]
G. The Planning Board shall condition any approval with specific safeguards to ensure adequate screening and protection of neighboring properties from noise, light and other possible nuisances and to assure that on-site management will be provided to ensure compliance with the provisions of Subsection
H contained herein.
[Amended 6-8-1993 by L.L. No. 15-1993]
H. Except in residential districts, at least 20% of the
units shall be owned by persons who do not reside therein, and each
of these units shall be available for rental to tourists and vacationers
on a transient basis. The remaining units shall be owner-occupied
and added to any computation of multifamily units anticipated by the
Master Plan for the hamlet in which the residential condominium or
cooperative is located.
[Amended 6-8-1993 by L.L. No. 15-1993]
I. All applications shall be treated as SEQRA Type I
actions.
[Amended 6-8-1993 by L.L. No. 15-1993]
J. The fee for an application for a conversion to a residential
condominium or residential cooperative shall be $1,000.
[Amended 6-8-1993 by L.L. No. 15-1993]
A. Notwithstanding other provisions of this chapter to
the contrary, such use shall require a minimum of 40,000 square feet
of lot area.
B. Such use shall not be permitted on a lot having an
area of less than 40,000 square feet and less than 150 feet of lot
width.
C. Such use shall permit the wholesale and retail sale
of beverages as described in this section. A use solely for the retail
sale of such items shall not be permitted; however, nothing contained
herein shall be deemed to prohibit the wholesale distribution of such
items pursuant to other provisions of this chapter.
D. No beverages shall be consumed on the premises, and
no window, stand or counter shall be provided for such purpose, either
inside the building or constructed as part of any exterior building
wall.
E. The use permitted herein shall be limited to the storage
and sale of beer and nonalcoholic carbonated beverages, including
soft drinks, mineral waters, spring waters, drinking water, nontaxable
malt or cereal beverages, juice drinks, liquid beverage mixes, dry
or frozen beverage mixes or ice. The sale, either wholesale or retail,
of milk, milk products, tomato juice, orange juice, any whole fruit
juice or any other beverage or produce not specifically enumerated
above shall be prohibited.
F. No manufacturing or bottling of any alcoholic or nonalcoholic
beverages shall be permitted.
G. Such use shall be licensed by the appropriate governmental
agency, having jurisdiction thereof.
H. All outside loading docks or other similar building
features shall be to the rear of the building, opposite any limited
access or secondary highway as defined in the Town's Master Plan of
1970, or as amended.
I. Any outside storage areas for trucks, pallets, cases,
etc., shall be completely fenced, with appropriate access gates sufficient
for the movement of large commercial vehicles, and such areas shall
be adequately screened from view from all sides, as determined by
the Planning Board. If plant materials shall be used as all or part
of such required screening, a detailed landscaping plan prepared by
a licensed professional shall accompany the special exception application
and site plan.
J. No coin-operated ice machines or other dispensing
machines for ice or beverage of any type shall be permitted in the
front yard.
K. Internal traffic circulation shall be such that the
retail customer shall be provided with a parking area separate and
distinct from any maneuvering areas for any loading docks or truck
storage or employee parking for the wholesale distribution facility.
[Amended 2-13-1996 by L.L. No. 3-1996]
A. No use other than the showing of motion pictures and/or
stage productions shall be permitted within the building or buildings
or upon the lot or land, except within the Village Business (VB) District
where more than one use may be permitted.
B. Notwithstanding the provisions of §
330-95 of this chapter, one off-street parking space shall be provided for every four permanent seats, except that where the Planning Board determines that adequate public transportation and off-site parking facilities are available to serve the site, one off-street parking space shall be provided for every five permanent seats.
C. Where a community or regional theater is proposed
as part of a mix of compatible uses within a retail center of no less
than 30,000 square feet, the Planning Board may set a parking standard
of one space per 180 square feet of gross floor area.
D. The site shall be adequately designed to provide adequate
handicapped access. The minimum amount of handicapped parking spaces
shall be 2% of the total amount of required off-street parking spaces
and shall in no case be less than five spaces.
E. There shall be no outdoor public-address or music
system.
F. Outdoor lighting shall not project light onto nor
shall light sources be visible from neighboring properties. No outdoor
light source shall be more than 10 feet above the ground level underneath
it, except where an alternative lighting plan is approved by the Planning
Board.
G. In addition to the dimensional requirements established
elsewhere in this Code, 40,000 square feet of lot area shall be required
for each 200 seats, except within the Village Business (VB) District
where the Planning Board is authorized to relax the above lot area
standard, setbacks and other sections of the Code of the Town of Southampton
that address dimensional regulations. The Planning Board must make
specific findings that the relaxation of the above lot area standard,
setbacks and other sections of the Code of the Town of Southampton
will not cause adverse impacts and will result in public and economic
benefits within the Village Business (VB) District.
H. One theater shall be permitted on any lot.
I. Where a theater is proposed as part of a complex of
compatible uses, the complex shall be designed as an overall coordinated
site master plan, integrating all existing and proposed buildings
and structures on the site (including parking, landscaping, buffers,
pedestrian walkways, access drives, lighting and signage) with a unifying
architectural style given the site's contextual relationship with
the architectural styles of the surrounding area.
[Amended 4-23-2002 by L.L. No. 8-2002]
A. The site may be located in a Mixed-Use or Commercial
Planned Development District, VB Village Business or OD Office Business
District, or HO or HC District.
[Amended 8-26-2003 by L.L. No. 65-2003]
B. The apartment may not be located on the ground floor
but shall be located on the second floor over offices or retail shops
or stores.
C. The apartment shall have no more than two bedrooms.
D. The apartment shall comply with the minimum floor area requirements under §
330-105C.
E. Only one apartment shall be permitted for each office or retail shop store, but no more than two in any building, except that this number may be increased, at the request of an applicant/owner and at the discretion of the Planning Board, to provide some number of units of affordable housing for moderate-income families as defined in §
330-5. The ratio of units for moderate-income families and other units shall be determined by the Planning Board, but no less than 20% of the total number of units being provided in any one project. The total number of apartment units allowed shall be based on one apartment unit per 1,250 square feet of business, office or retail shop.
F. Initial and continued eligibility priority for occupancy
(rent) of units for moderate-income families shall be verified by
the Director of Community Development.
(1) The Director shall determine initial eligibility priority
on the following basis:
(a)
Persons who are qualified active members in
service as volunteers in an agency providing firematic protection
or ambulance services in the Town of Southampton as determined by
such agency's approved list submitted for the Length of Service Award
Program (LOSAP). A higher priority to those volunteers currently residing
in the affected school district. The term "qualified active member"
shall mean a volunteer involved in providing firematic protection
of emergency medical services in the Town of Southampton, including
but not limited to volunteer firefighters, volunteer fire police,
volunteer emergency medical technicians, as decided by the administration
or by laws of the given agency providing such firematic protection
or emergency services. For purposes of administering the provisions
of this chapter for qualified active members, the Town of Southampton
shall utilize the approved list compiled by the given agency for Length
of Service Award Program (LOSAP) and any supplemental listings provided
by the given agency which list persons who have met the point requirements
of LOSAP having remained active in service but no longer are eligible
for LOSAP listing due to age restrictions.
(b)
Residents of the Town of Southampton, in order
of number of years as resident. A higher priority to those residents
currently residing in the affected school district.
(c)
Persons employed in the Town of Southampton.
(e)
Where a unit reserved for low- or moderate-income
housing is restricted pursuant to a grant or subsidy from the federal
government, State of New York or other municipal agency to provide
low- or moderate-income housing consistent with the intent of this
chapter, the Director may accept such restrictions in lieu of other
restrictions set forth in this chapter.
(2) The Director shall review tenants' leases, income
and other relevant documents for continued eligibility on an annual
basis.
G. Parking requirements shall be in accordance with the provision of §
330-94 for a multiple dwelling. This requirement may be waived by the Planning Board if adequate municipal or on-site parking is available.
H. The apartment shall meet the definition of a dwelling unit pursuant to §
330-5 of this chapter.
I. The proposed residential use shall be compatible with
the business use within the building. Any change in the business use
shall be treated as a special exception use and shall require the
approval of the Planning Board.
J. All requirements of the New York State Building Code
and all other applicable state and local regulations shall be complied
with.
K. The apartment shall be for year-round use and shall not be eligible for a seasonal rental permit under Article
XIV of this chapter.
[Amended 9-24-2019 by L.L. No. 23-2019]
A. The lot area shall not be less than five acres.
B. No outdoor recreation or activity area shall be located
on or adjacent to an open pool, watercourse, pond, lake or tidewater
area without the benefit of a suitable fence or protective devices.
C. There shall be a minimum of 100 square feet of gross
floor area per student.
D. Lot coverage shall not exceed 10% of the total lot
area.
E. The boarding of students on the subject premises shall
not be permitted.
A. Membership in the yacht club shall be limited to residents
of the planned residential development.
B. There shall be no commercial facilities open to the
general public.
C. Yacht club operation, vehicular and boating traffic
shall not infringe or have an adverse impact on adjacent or nearby
residential areas, waterways or wetlands.
D. The use may only be established as part of a planned residential development approved pursuant to Chapter
247, Open Space, of the Town Code. The area devoted to said use, including all areas for uses and structures which are accessory, shall not be considered open space nor shall it be utilized as area contributing to residential density as part of a standard plat.
E. No deleterious effect shall be created with reference
to the groundwaters of the municipality, and the effect of development
on the ecology adjacent tidal waters shall be minimized.
F. Sanitary rest rooms, holding tanks and sewage disposal
shall be provided in accordance with the regulations of the Town,
the Suffolk County Health Department and New York State.
G. There shall be provisions made for the collection
and disposal of yacht-generated solid wastes.
H. Outdoor lighting shall not project light onto nor
shall light sources be visible from neighboring land properties. No
yacht club light sources shall be more than 10 feet above the ground
or dock level underneath it. These provisions shall not exclude appropriate
navigational aides deemed necessary by the Town or the Coast Guard.
I. Accessory service functions may include the provision
of fuel and supplies and minor emergency repairs for yachts. Storage
shall only be permitted in an enclosed, permanent structure.
J. Fuel storage facilities shall be adequately containerized
so as to prevent spillage, leakage or damage from storms and shall
be set back no less than 50 feet from the mean high-water line; except
that gasoline pumps may be located conveniently to service boats,
provided that precautions are taken to prevent spillage in the waters
of the Town. In no case shall fuel storage or service pumps be located
less than 100 feet from adjacent lot lines, and the recommendations
of the Town Bureau of Fire Prevention shall be considered.
K. There shall be no outdoor public-address system or
music system audible beyond the limits of the property.
[Added 12-23-1986 by L.L. No. 22-1986]
In order to approve an application for a building
permit in an Ocean Shoreline Hazard Area as defined in § 330-45C
of this chapter, a complete application shall be submitted to the
Planning Board prepared in accordance with the requirements of this
article of this chapter, and the Planning Board shall find that the
application incorporates or meets the following special conditions:
A. Minimum setback. The nearest portion of any structure,
accessory structures, facility or related infrastructure erected or
installed on a lot shall be set back from the shoreline a distance
sufficient to provide protection from long term erosion and to minimize
flood damage as might occur during the one-hundred-year flood profiled
on the Flood Insurance Rate Map (FIRM) dated June 1, 1983, prepared
by the Federal Emergency Management Agency, as the same may be from
time to time changed and amended; and, in the case of shallow lots
wherein such setback could not be accomplished without the reduction
of the required front yard setback measured from an existing street
paralleling the ocean, the required front yard setback may be shortened
by 50%, and an accessory building or structure may be placed in that
portion of a front yard not deemed to be the minimum required front
yard established by such relief.
B. All new construction of, additions to or restoration
of any structure, accessory structure or facility shall be reasonably
safe from and made of materials resistant to flood and erosion damage.
For proper design criteria, reference may be made to the Coastal Construction
Manual (FEMA-55) (dated February, 1986), prepared by the Federal Emergency
Management Agency which is on file with Building Department of the
Town of Southampton.
C. All new construction, restoration or repair of structures
on pilings or columns shall be designed to withstand all applied loads
of the base flood flow and to prevent flotation, collapse or lateral
movement of the structure. No fill shall be used for structural support.
D. There shall be no grading, excavation, alteration
or disturbance of any soil or beach within 100 feet of the landmost
portion of the shoreline at mean high water, except as incidental
to construction or otherwise provided herein.
E. All new or replacement sanitary sewage disposal systems
shall be made of water-resistant material and designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges
from the systems into floodwaters. Such systems shall be set back
from the shoreline a distance sufficient to provide protection from
long-term erosion and to minimize flood damage as might occur during
the one-hundred-year flood, profiled on the FIRM. Septic tanks shall
be designed to prevent flotation.
F. All new and replacement water supply systems shall
be set back from the shoreline a distance sufficient to provide protection
from long-term erosion and to minimize flood damage as might occur
during the one-hundred-year flood profiled on the FIRM and designed
and sealed to prevent the infiltration of floodwaters into the system.
The top of any well casing must be three feet above the one-hundred-year-flood
level as profiled on the FIRM or the highest recorded flood, whichever
is greater.
G. Electric, telephone and cable television service shall
be waterproofed and have the junction or terminal boxes located and
elevated above the one-hundred-year-flood level as profiled on the
FIRM.
H. No structure, storage of material or equipment or
other use within the Ocean Shoreline Hazard Area may be allowed which,
acting alone or in combination with existing or future uses, will
significantly increase flood damage or accelerate erosion to natural
protective features of the shoreline or adjacent, properties and lands.
I. New construction or restoration of bulkheads, groins,
jetties, breakwaters, revetments, seawalls, docks, piers or wharves
is prohibited.
J. Clean sand or gravel is the only material which may
be deposited between any structure and the shoreline. Any deposition
will require Planning Board approval.
K. No vehicle parking area or accessway shall be constructed
between any structure and the shoreline.
L. The erection of sand fencing and the planting of native
American beach grasses or other stabilizing vegetation are not prohibited.
M. Adequate drainage shall be provided so as to reduce
flood hazards on site and to minimize runoff to adjacent properties.
N. Compliance with the provisions of Subsection
B,
C,
E,
F,
H and
M shall be certified by a registered professional engineer or architect at the expense of the applicant.
[Added 11-23-2004 by L.L. No. 41-2004]
The following shall apply to the development
of a tract with a greenhouse or multiple greenhouses on a tract or
lot of less than three acres in size within the R-20, R-40, and CR-40
Districts located outside the Agricultural Overlay District:
A. The maximum total lot coverage for all buildings (accessory
and principal) shall not exceed the maximum percentage allowed as
required in the applicable zoning district for the minimum required
lot area of the zoning district in which the tract lies (e.g., a one-hundred-twenty-thousand-square-foot
tract upon which an agricultural greenhouse is proposed in the R-20
Zone would not be allowed to have lot coverage in excess of 20% of
20,000 square feet, which would represent 4,000 square feet of building
footprint coverage).
B. An agricultural greenhouse shall comply with the setbacks
for principal structures.
[Added 6-12-1990 by L.L. No. 14-1990]
A. The minimum lot size shall be 10 acres, except where the Planning Board determines that the general standards of §
330-122 and the following special conditions and safeguards can be met using lesser acreage. In considering sites of less than 10 acres, the Planning Board shall also find that the site is an existing pastoral or farmland setting that will be preserved in perpetuity or that there are less than 10 horses for private use.
B. There shall be a minimum of 30,000 square feet of
open land area for each horse kept, raised or stabled on parcels up
to 15 acres, and for any parcel over 15 acres, there shall be a minimum
of 20,000 square feet of open area for each horse kept on the portion
of the land exceeding 15 acres. Such open land area shall be exclusive
of any area occupied by buildings and/or structures.
C. All horses shall be kept within an area which shall be completely enclosed by a fence sufficient in height and strength to prevent their escape. Notwithstanding the provisions of §
330-109 of this chapter, such fencing may, at the discretion of the Planning Board, be a maximum of six feet in height within the required front yard. The fencing shall be open in nature, such as a wood board or split rail fences. Chain link and wooden stockade-type fences shall not be permitted.
D. No accumulation of manure or any other material or
substance which causes any noxious or offensive odors or dust shall
be allowed within 50 feet of any side or rear lot line and 100 feet
of any front lot line. The disposal of animal wastes shall be provided
for in such a manner as to prevent any nuisance or sanitary problem.
The Planning Board may impose greater setbacks or requirements where
the site is located in close proximity to wetlands or other environmentally
sensitive features.
E. The storage of grain shall be in such manner so as
to prevent the proliferation of rodents and other vermin.
F. An indoor riding training track, exercise ring and/or horse stabling facility may be permitted as an accessory structure, provided that the subject horse farm, horse stabling facilities or horseback riding academy is located on a parcel of 10 acres or greater and shall be set back a minimum of 150 feet from any street line and a minimum of 200 feet from any other property line. The Planning Board may allow such accessory structures to meet the minimum setbacks of the applicable zone, subject to the requirements of the following Subsection
G. The overall size of the track or ring structure shall be limited to 15,000 square feet for parcels less than 25 acres, and only one such structure shall be permitted for each 10 acres of lot area. On sites of more than 25 acres, the Planning Board may consider a structure larger than 15,000 square feet, which may include indoor stalls as part of the structure. In no case shall any such structure be larger than 24,000 square feet in size.
[Amended 7-26-2011 by L.L. No. 25-2011]
G. In consideration of the fact that such horse farm,
horse stabling facility and/or horseback riding academy will be primarily
located in residentially zoned areas, the architectural style of buildings
and structures shall be consistent with other agricultural buildings
and as compatible as possible with the surrounding neighborhood, and
the buildings shall be of a style and construction satisfactory to
the Planning Board. Screening shall be required where it is determined
to be necessary to minimize any adverse visual effects on neighboring
properties. In siting larger structures, such as an indoor training
track or exercise ring, the Planning Board shall consider the topography
of the subject property and adjacent sites to take advantage of any
natural screening which may be afforded by the land itself and/or
by existing vegetated areas. Notwithstanding any provisions to the
contrary, the Planning Board may allow the use of structures that
existed prior to the effective date of this section, provided that
potential impacts upon surrounding residences are minimized to the
maximum extent practical.
[Amended 7-26-2011 by L.L. No. 25-2011]
H. All necessary parking areas shall be located a minimum
of 50 feet from any side or rear lot line and 100 feet from any front
lot line and shall be screened from view from surrounding properties.
I. The horse farm, horse stabling facility and/or horseback
riding academy may be used for the following purposes: the letting
of horses for hire to individuals or groups, whether supervised or
unsupervised; and/or horseback riding instruction/training, provided
that these activities are sufficiently located away from neighboring
residences and appropriate off-street parking and access is made available
and there are no signs, other than a farm identification sign, on
the premises. The Planning Board may further condition or limit the
scope of these activities or uses depending on the amount of property
available and the potential impact upon neighboring residences.
J. The holding of horse shows, rodeos or any other equestrian spectator events shall be prohibited, except that on parcels of 10 acres or greater, three equestrian events per year lasting no longer than an accumulated total of nine days may be held subject to Town Board review and approval in accordance with the provisions of Chapter
283, Special Events, exclusive of the requirements in §
283-6B(1).
[Amended 2-13-2007 by L.L. No. 2-2007]
K. No other commercial enterprise, either as a principal
or an accessory use, such as a tack shop, shall be permitted.
[Added 2-13-2007 by L.L. No. 2-2007]
L. The Planning Board may require covenants or other
similar documents to assure the provisions of this section are adhered
to.
[Amended 2-13-2007 by L.L. No. 2-2007]
[Added 12-8-1992 by L.L. No. 50-1992]
A. A community retail center shall have a minimum lot
size of 200,000 square feet.
B. The use shall not adversely affect traffic patterns
in the community.
C. The site plan for the project shall include special
detail sheets on drainage, sanitary waste systems, outdoor lighting,
landscaping and architectural features of all buildings.
D. A waste management plan shall be provided to ensure
the site is kept clean and free of litter.
E. A shopping cart management plan shall be provided
demonstrating how shopping carts will be stored and maintained on
the site.
F. The total number of retail uses on the site shall
not exceed one use for each 2,500 square feet of gross leasable floor
area.
G. Lot coverage shall not exceed 20% percent notwithstanding
any other provision of this chapter.
H. Total coverage by buildings, structures, pavement
and other impermeable surfaces shall not exceed 70% percent.
I. The size of the community retail center shall not
result in environmental degradation or economic disruption, nor shall
it overburden public support services or facilities, including streets,
parking lots, police, fire and other necessary services in the community.
J. The design, scale and appearance of the center shall
be compatible with adjacent properties, the neighborhood and the hamlet
in which it is to be established.
K. Lot width at the front lot line shall be a minimum
of 250 feet.
L. Said use shall be in accordance with an approved site
plan for unified parking, pedestrian and traffic circulation, waste
disposal and other relevant elements.
[Added 12-8-1992 by L.L. No. 50-1992]
A. The use shall not adversely affect traffic patterns
in the community.
B. The site plan for the project shall include special
detail sheets on parking, pedestrian and traffic circulation, drainage,
sanitary waste systems, outdoor lighting, landscaping and architectural
features of all buildings.
C. A waste management plan shall be provided to ensure
the site is kept clean and free from litter.
D. A shopping cart management plan shall be provided
demonstrating how shopping carts will be stored and maintained on
site.
E. The total number of retail uses on the site shall
not exceed one use for each 1,500 square feet of gross leasable floor
area.
F. Lot coverage shall not exceed 30% percent notwithstanding
any other provision of this chapter.
G. Total coverage by buildings, structures, pavement
and impermeable surfaces shall not exceed 80% percent.
H. The size of the hamlet retail center shall not result
in environmental degradation or economic disruption, nor shall it
overburden public support services or facilities, including streets,
parking lots, police, fire and other necessary services in the community.
I. The design, scale and appearance of the center shall
be compatible with adjacent properties, the neighborhood and the hamlet
in which it is to be established.
J. Lot width at the front lot line shall be a minimum
of 250 feet.
K. Said use shall be in accordance with an approved site
plan for unified parking, pedestrian and traffic circulation, waste
disposal and other relevant elements.
[Added 3-9-1993 by L.L. No. 6-1993]
A. Self-service storage facilities shall be limited to
dead storage use only. No activities other than rental of storage
units and pickup and deposit of dead storage shall be allowed. Examples
of activities prohibited in a self-service storage facility include
but are not limited to the following: commercial wholesale or retail
sales; auctions, garage sales or flea markets; servicing, repair or
fabrication of motor vehicles, boats, trailers, lawn mowers, appliances
or similar equipment; the operation of power tools, spray-painting
equipment, table saws, lathes, compressors, welding equipment, kilns
or other similar equipment; the establishment of a transfer storage
business; and any use that is noxious or offensive because of odors,
dust, noise, fumes or vibrations, but nothing contained herein shall
prohibit enforcement of the provisions of the New York State Lien
Law.
B. All rental contracts shall include clauses prohibiting:
(1)
The storage of flammable liquids, highly combustible,
radioactive or explosive materials or hazardous chemicals.
(3)
The use of the property for uses other than
dead storage.
C. Interior parking lanes shall be provided adjacent
to the storage units. Such lanes shall be a minimum of 10 feet in
width.
D. Interior maneuvering lanes shall be provided around
all buildings. For one-way circulation, 12 feet shall be provided.
For two-way circulation, 24 feet shall be provided.
E. A minimum of four spaces shall be provided in front
of or in close proximity to the manager's office for the use of prospective
clients. Additional parking shall be provided for employees, with
a minimum of two spaces.
F. Required parking spaces shall not be rented as, or
used for, outside vehicular storage. However, additional outside parking
areas may be provided for the seasonal storage of recreational vehicles
(including boats), provided that any such areas are adequately screened
and sized for the anticipated use thereof. Such areas shall not be
permitted in the front yard of the site.
G. The self-service storage facility shall be completely
enclosed, with provision for controlled exits and entrances. The enclosure
shall consist of opaque materials such as brick, stone, architectural
tile, masonry units or coated woven wire fencing. No barbed wire or
wooden "stockade" fencing shall be permitted. Such enclosure shall
be limited to six feet in height, except that portions of the building(s)
may be used as part of the enclosure, provided that the portion of
the building so used shall have a finished appearance on all walls
facing the outside perimeter, such as decorative block or other architectural
finish as may be approved by the Planning Board after receipt of a
recommendation from the Architectural Review Board.
H. A landscaping plan shall be included as part of the
required site plan and special exception application, which shall
depict all landscaping materials to be used to provide adequate visual
buffering for the proposed buildings and parking areas. On wooded
sites, natural areas may be retained and/or augmented to provide such
screening. (Note: Depending on the location of the subject property,
restrictions on clearing and the provision of transitional yards found
in other sections of this Code may affect the usage and landscaping
of the site.)
I. All outdoor lighting shall be shielded to direct light
and glare onto the subject premises and may be of sufficient intensity
to discourage vandalism and theft. Said lighting and glare shall be
reflected, shaded and focused away from all adjoining properties.
J. Signs shall be installed in accordance with applicable
provisions of this Code; however, no signs shall be permitted on any
portions of the security fencing.
K. Rental unit size shall be limited to a maximum of
300 square feet, and no single tenant shall be permitted to rent or
lease more than 4,000 square feet.
L. No one-story building shall be longer than 250 feet
in length, and no two-story building shall be longer than 200 feet
in length.
M. Self-storage facilities located within the Highway Business (HB)
Zoning District shall be required to design said facility to be harmonious
with the vernacular architecture of the particular hamlet and meet
the following additional design standards:
[Added 1-11-2022 by L.L. No. 1-2022]
(1) At a minimum, all structures associated with said use will be designed
to reflect the maritime and/or agriculture heritage of a given hamlet
and shall be consistent with the scale and character of structures
which have been historically developed within the Town.
(2) Generic and standard architectural design derivatives of national
or regional chains shall not be permitted.
(3) Flat roofs are prohibited.
(4) Gable, gambrel and/or hip roofs shall be encouraged.
(5) Mansard roofs shall be a maximum of seven feet in height and shall
be designed in proportion to the size of the facade below. The roof
shall step in from the eave to the top of the mansard one to two feet.
(6) Roof massing. Single-roof type is not encouraged for structures more
than 5,000 square feet, unless a green roof is proposed. Larger buildings
shall have a more complex roof design which consists of the main roof
with lower and intersecting secondary roof types.
(7) Maximum setbacks should be established for particular areas where
new facilities may compromise the visual continuity of a street or
corridor. When necessary, landscape screening of parking and loading
areas shall include tall evergreen trees, shrubs, and/or berms.
[Added 3-14-1995 by L.L. No. 14-1995]
A. The minimum lot area shall be 120,000 square feet
(exclusive of underwater land).
B. Individual uses in the complex shall be approved by the Planning Board rather than be limited to those permitted or special exception uses for the RWB Zoning District as listed in §
330-33. The uses approved by the Planning Board shall be consistent with the Town's goal of encouraging water-dependent or water-enhanced uses along its commercial waterfront areas.
C. The complex shall be designed to include a method
for providing public access to the waterfront. This can be accomplished
through the creation of docks, decks, promenades, public access walkways
or the like.
D. The complex shall be designed as an overall coordinated
site master plan, integrating all existing and proposed buildings
and structures (including parking, landscaping, buffers, pedestrian
walkways, access drives) with a unifying architectural style that
speaks to and respects the Town's English Colonial Heritage, Native
American culture, maritime history and/or similar theme depending
on a given site's contextual relationship with the history, geography
and architectural styles of the surrounding area.
E. Where a mix of compatible uses generating varying
peak parking periods is proposed and the applicant can demonstrate
that the overall parking demand can be met by the construction of
a lesser amount of spaces, the Planning Board may consider shared-use
parking calculations and/or landbanked parking, allowing a maximum
reduction of 25% in the aggregate total parking as required pursuant
to other sections of this chapter.
F. If, in the opinion of the Planning Board, the proposed
project appropriately provides public benefits and recreational opportunities
to the public at large, the Planning Board is authorized to relax
the setbacks required by any other sections of the Code of the Town
of Southampton. Where the relaxation of setbacks is authorized, the
Planning Board must make a specific finding that the relaxation of
those setbacks will not cause adverse environmental impacts.
G. There shall be no outdoor public address system or
music system audible beyond the limits of the property, except in
connection with any special event permits issued by the Town Board.
H. The location and design of the complex shall not cause
or result in significant adverse impacts to surrounding residential
neighborhoods or business districts; environmental degradation; economic
disruption; traffic congestion; or overburdened public support systems,
including streets, parking lots, police, fire and other necessary
services to the community.
I. Notwithstanding the provisions of §
330-5 (definition of "waterfront business complex"), the Planning Board may consider a waterfront business complex on a non-waterfront lot or parcel in cases where such land is immediately separated from the waterfront by a minor local street (as defined in the 1970 Master Plan of the Town of Southampton and Article
II, §
292-3, Subsection
G of the definition of "streets, highways and common access," of the Subdivision Regulations of the Town of Southampton) and where said minor local street provides public access to the waterfront capable of supporting a water-dependent use or activity, such as fishing, thereby ensuring consistency with the goals and intent of this section.
[Added 6-27-1997 by L.L. No. 24-1997; amended 1-28-2003 by L.L. No. 4-2003]
A. The use of an accessory building for guest facilities shall be incidental and accessory to the residential use of the premises and shall comply with the applicable standards set forth in Article
XXII of this chapter. The Planning Board's approval of the use of an accessory building for guest facilities shall be valid so long as a yearly bed-and-breakfast permit is obtained pursuant to Article
XXII of this chapter.
B. The accessory building shall be set back at least
30 feet from all rear and side lot lines.
C. No more than two guest bedrooms may be located within
an accessory building. Guest facilities may include bathrooms and
a sitting room, but no kitchen, vending machines or cooking facilities
shall be located within the accessory building.
D. An accessory building containing guest facilities
shall not exceed 800 square feet gross floor area.
E. All guest bedrooms shall contain a fully operational smoke detector in accordance with the provisions of Article
II of Chapter
164 of the Town Code.
F. The accessory building shall meet the minimum requirements of Chapter
123, Building Construction, of the Town Code and the New York State Fire Prevention and Building Code, and Section AJ701.1-1.4 of the Residential Code of the State of New York.
G. Approval shall be obtained from the Suffolk County
Department of Health Services for the water supply and sanitary waste
facilities for the accessory building.
H. The Planning Board may require reasonable conditions
necessary to protect the environment and adjoining residential uses.
I. The Planning Board may require a performance bond,
covenant or other similar documents to assure that the guest facilities
are removed or made to conform if a bed-and-breakfast permit is not
obtained and to assure that other provisions of this section are adhered
to.
J. The provisions of this section may not be varied or
waived, unless a use variance is granted by the Zoning Board of Appeals.
K. Guest facilities shall not be located in more than
one accessory building.
[Added 7-14-1998 by L.L. No. 18-1998]
A. The Planning Board shall make a determination that
the proposed use is consistent with the following definition: "miniature
golf" shall constitute a business establishment open to the general
public for a fee and providing for amusement and recreation opportunities
involving artificial playing surfaces that enable participants utilizing
a golf club, generally of the putter type, to strike a golf ball in
order to propel it from a tee area along the playing surface to a
cup. The miniature golf course consists of a series of holes, including
tees, playing surfaces and cups. The game is played by proceeding
from one hole to the next. The playing surfaces or holes are located
along the ground and designed to provide different angles of approach
to each cup and decorative plantings and objects on and adjacent to
the playing surfaces.
B. A miniature golf course shall not occupy more than
one acre, but may be situated with other permitted and special exception
uses on a parcel consistent with this chapter of the Town Code.
C. The Planning Board, upon reviewing an application for a miniature golf facility, may modify the front, side and rear yard setbacks applicable to playing surfaces, cups, decorative objects and other related miniature golf course structures as may be required by §
330-34,
Business Districts Table of Dimensional Regulations, of the Zoning Code. Where the modification of dimensional regulations is authorized, the Planning Board must make a specific finding that the modification of those dimensional regulations will not cause environmental or neighborhood impacts.
D. The Planning Board, upon reviewing an application, may modify the minimum required transitional side and rear yard as specified by §
330-83G(1) to permit playing surfaces, cups, decorative objects and other related miniature golf course structures therein, where natural, physical or other existing features are present and the goals of §
330-83G(1) will be accomplished. However, the required transitional side and rear yards can not be reduced to less than 25 feet.
E. A lighting plan shall be provided to ensure that lighting
will not impact abutting or adjacent properties.
F. A landscaping plan shall be provided to screen off-street
parking and on-site activities adjacent to residential properties
and public road frontages.
[Added 11-24-1998 by L.L. No. 42-1998]
All new wireless communications towers and antennas, or modifications to existing towers or antennas, requiring special exception permission shall comply with all applicable standards and conditions as set forth in Article
XXVII of this chapter.
[Added 11-13-2001 by L.L. No. 52-2001]
A. A needs/demand statement, to address regional and
local demand, and a management and operations statement must be demonstrated.
Said statement shall, as a minimum, review and analyze the existing
ratios of the nearest hamlet population to facility beds, slots, or
enrollment.
B. A security plan addressing the needs of the facility’s
residents as well as those in the surrounding community, including
a description of the supervision to be provided to the residents.
C. A description of all activities to be provided on
the site.
D. A description of any needs which may be required by
residents of the facility which will not be available on site, and
a statement indicating how these needs will be met off site.
E. A statement demonstrating how the intensity and location
of the proposed facility will not unreasonably adversely impact upon
existing uses or change the character of the area in which it is proposed.
F. The lot area shall be not less than 15,000 square
feet, nor shall it have a frontage of less than 150 feet along a public
street, except that in no case shall the lot area or the frontage
be less than that required in the applicable district.
G. All buildings shall be set back at least 20 feet from
any property line, and in no case shall be setback be less than that
required in the applicable district.
H. There shall be a minimum of one-quarter-mile separation
between parcels having individual, separate, similar types of special
exception uses.
I. Similar types of uses that have the same owner and
operator may be located on contiguous parcels or on adjacent parcels
that are separated by a street or road, provided that a comprehensive
plan is developed showing how the facilities share services and infrastructure
such as pedestrian and vehicular access, parking facilities, off-street
loading, and signage.
J. An alcohol or substance rehabilitation center shall
not be located within 1,000 feet from any school, playground or park.
K. An alcohol or substance rehabilitation center shall
be located within one-quarter-mile walking distance of a hamlet center
or mass transit services.
L. The owner and operator shall be licensed for this
type of use as required by the applicable local, county, state and
federal agencies.
M. Prior to approval, consideration shall be given to
all applicable regulations governing such occupancies, including the
recommendations of the local Fire Chief having jurisdiction.
[Added 11-13-2001 by L.L. No. 52-2001]
A. A needs/demand statement and management and operations
statement must be demonstrated. Said statement shall, as a minimum,
review and analyze the existing ratios of the nearest hamlet population
to facility beds, slots, or enrollment.
B. A security plan addressing the needs of the facility’s
residents as well as those in the surrounding community, including
a description of the supervision to be provided to the residents.
C. A description of all activities to be provided on
the site.
D. A description of any needs which may be required by
residents of the facility which will not be available on site, and
a statement indicating how these needs will be met off site.
E. A statement demonstrating how the intensity and location
of the proposed facility will not unreasonably adversely impact upon
existing uses or change the character of the area in which it is proposed.
F. The lot area shall be not less than 40,000 square
feet, nor shall it have a frontage of less than 150 feet along a public
street, except that in no case shall the lot area or the frontage
be less than that required in the applicable district.
G. All buildings shall be set back at least 20 feet from
any property line, and in no case shall the setback be less than that
required in the applicable district.
H. There shall be a minimum of one-quarter-mile separation
between parcels having individual, separate, similar types of special
exception uses.
I. Similar types of uses that have the same owner and
operator may be located on contiguous parcels or on adjacent parcels
that are separated by a street or road, provided that a comprehensive
plan is developed showing how the facilities share services and infrastructure
such as pedestrian and vehicular access, parking facilities, off-street
loading, and signage.
J. An alcohol or substance rehabilitation center shall
not be located within 1,000 feet from any school, playground or park.
K. Shall be located within one-quarter-mile walking distance
of a hamlet center or mass transit services.
L. The owner and operator shall be licensed for this
type of use as required by the applicable local, county, state and
federal agencies.
M. Prior to approval, consideration shall be given to
all applicable regulations governing such occupancies, including the
recommendations of the local Fire Chief having jurisdiction.
[Added 11-13-2001 by L.L. No. 52-2001]
A. A master plan and facilities plan shall be provided
for the current uses on all property owned by the college or university
and all anticipated uses within a minimum of the next five years.
These plans shall show adjacent properties and surrounding uses and
the potential impacts on them by the proposed development.
B. The lot area shall be not less than 25 acres, nor
shall it have a frontage of less than 150 feet along a street, except
that in no case shall the lot area or the frontage be less than that
required in the applicable district. The total lot area shall be computed
on one or more lots of the same ownership, whether contiguous or,
in the Planning Board’s opinion, in near proximity, so long
as the use is dedicated to the college or university use.
C. All buildings shall be set back at least 100 feet
from any property line, and the building setbacks shall not be less
than that required in the applicable district except as established
below.
D. If, in the opinion of the Planning Board, the proposed
project appropriately provides public benefits and educational opportunities
to the public at large, the Planning Board is authorized to relax
the setbacks required by any other sections of the Code of the Town
of Southampton. Where such use requires waterfront for establishing
waterfront educational improvements, the building setbacks may be
reduced by up to 50% of that required for the particular zoning district.
Where the relaxation of setbacks is authorized, the Planning Board
must make a specific finding that the relaxation of those setbacks
will not cause adverse environmental or neighborhood impacts.
E. For the purpose of establishing the number of required
off-street parking spaces, the proximity of the proposed use to the
primary campus and the applicant can demonstrate that the overall
off-street parking demand of the college or university can be met
by the construction of a lesser amount of spaces, the Planning Board
may consider shared-use parking calculations and/or landbanked parking,
allowing a maximum reduction of 25% in the aggregate total parking
as required pursuant to other sections of this chapter.
F. Outdoor lighting shall not project light onto nor
shall light sources be visible from neighboring properties.
G. Prior to approval, consideration shall be given to
all applicable regulations governing such occupancies, including the
recommendations of the local Fire Chief having jurisdiction.
[Added 11-13-2001 by L.L. No. 52-2001]
A. The lot area shall be not less than 10 acres, nor
shall it have a frontage of less than 150 feet along a street, except
that in no case shall the lot area or the frontage be less than that
required in the applicable district.
B. All buildings shall be set back at least 100 feet
from any property line, and in no case shall the setback be less than
that required in the applicable district.
C. A minimum one-hundred-foot landscape buffer shall
be provided adjacent to any property line.
D. Each campsite shall contain at least 2,000 square
feet.
E. No overnight residential building or structure shall
be permitted, except for one permanent dwelling for the use of a caretaker
or other custodial person.
F. No campground may be occupied by the same person or
persons for more than 30 days in any one calendar year.
G. Prior to approval, consideration shall be given to
all applicable regulations governing such occupancies, including the
recommendations of the local Fire Chief having jurisdiction.
[Added 11-13-2001 by L.L. No. 52-2001]
A. The lot area shall be not less than 10 acres, nor
shall it have a frontage of less than 150 feet along a street, except
that in no case shall the lot area or the frontage be less than that
required in the applicable district.
B. All buildings shall be set back at least 100 feet
from any property line, and in no case shall the setback be less than
that required in the applicable district.
C. A minimum fifty-foot landscape buffer shall be provided
adjacent to any property line.
D. The total number of vehicle spaces shall not exceed
the permitted density of the underlying zoning.
E. No overnight residential building or structure shall
be permitted, except for one permanent dwelling for the use of a caretaker
or other custodial person.
F. Prior to approval, consideration shall be given to
all applicable regulations governing such occupancies, including the
Suffolk County Department of Health Services and the recommendations
of the local Fire Chief having jurisdiction.
[Added 11-13-2001 by L.L. No. 52-2001]
A. A needs/demand statement and management and operations
statement must be demonstrated.
B. The lot area shall be not less than five acres, nor
shall it have a frontage of less than 200 feet along a street, except
that in no case shall the lot area or the frontage be less than that
required in the applicable district.
C. All buildings shall be set back at least 100 feet
from any property line, and in no case shall the setback be less than
that required in the applicable district.
D. A minimum fifty-foot landscape buffer shall be provided
adjacent to any property line.
E. A minimum of 20% of the gross site area shall be open
space. The open space shall be generally contiguous and accessible
to all residents.
F. Buildings and structures shall not occupy more than
25% of the site.
[Added 11-13-2001 by L.L. No. 52-2001]
A. The lot area shall be not less than two acres, nor
shall it have a frontage of less than 150 feet along a street, except
that in no case shall the lot area or the frontage be less than that
required in the applicable district.
B. A minimum fifty-foot landscaped buffer shall be provided
along the front and rear property line.
C. A design shall be provided in such a way to minimize
noise and exhaust fumes on surrounding properties.
D. Proposed facilities shall be located in an area with
good access to major streets and designed in such a way to minimize
conflicts with pedestrian traffic in the area.
[Added 11-13-2001 by L.L. No. 52-2001]
A. The lot area shall not be less than 40,000 square
feet.
B. A minimum fifty-foot landscaped buffer shall be provided
along the front and rear property line.
C. A design shall be provided in such a way to minimize
noise and exhaust fumes on surrounding properties.
D. Proposed facilities shall be located in an area with
good access to major streets and designed in such a way to minimize
conflicts with pedestrian traffic in the area.
[Added 10-26-2001 by L.L. No. 48-2001]
Adult entertainment shall include adult bookstores,
adult clubs or adult eating or drinking clubs, adult entertainment,
adult establishments, adult live performances, adult massage, adult
massage parlors, adult novelty shops, adult paraphernalia, adult photographic
reproductions, adult printed materials, adult theaters, adult video
stores, nude, nudity or seminudity, and other adult commercial facilities.
Adult entertainment shall be regulated as follows:
A. The lot line of an adult establishment shall not be
located within 1,500 feet of the lot line of another lot on which
another adult establishment is located.
B. The lot line of an adult establishment shall not be
located within 1,500 feet of the lot line of any sensitive receptor.
C. No more than one adult establishment shall be located
on any one lot.
D. No adult establishment shall exceed more than 2,000
square feet of gross floor area.
E. No use shall be permitted within 1,500 feet of a church,
school and park.
[Added 10-26-2001 by L.L. No. 48-2001]
Nothing herein shall be construed to apply to,
prohibit, regulate or otherwise affect the following uses, and shall
not subject said uses to the provisions of this section:
A.
Commercial art studios, art exhibits and art
galleries which receive their primary source of revenue through the
sale of commercial art.
B.
All museums as defined in §
330-5.
C.
Business schools, trade schools, junior colleges,
colleges, universities, medical schools or health science schools
duly licensed by the New York State Department of Education.
D.
Medical facilities recognized by the State of
New York, including holistic facilities and/or medical, holistic or
psychological professionals or physical, massage or chiropractic therapists
duly licensed by the State of New York.
E.
Establishments where a medical, psychological
or similar professional, licensed by the State of New York, engages
in medically approved and recognized sexual therapy.
F.
Barbershops or beauty salons in which massages
are administered only to the scalp, face, neck or shoulders.
G.
Training facilities for any amateur, semiprofessional
or professional athletes, athletic teams or school athletic programs.
H.
Health clubs which have facilities and equipment
for physical exercise, such as tennis courts, racquetball courts,
swimming pools, weight-lifting rooms or exercise machinery rooms,
and which do not receive their primary source of revenue through the
administration of massages.
[Added 10-26-2001 by L.L. No. 48-2001]
A business or commercial enterprise is deemed
an adult establishment, subject to the regulations set forth herein,
when adult entertainment comprises a substantial portion of its business.
"Substantial portion" shall be determined as follows:
A.
Generally. The following shall be considered
in determining "substantial portion":
(1)
Amount of floor area and cellar space accessible
to customers and allotted to adult entertainment of any type, generally,
or as compared to the total floor area and cellar space accessible
to customers; and/or
(2)
Amount of adult entertainment stock-in-trade
of any type accessible to customers, generally, or as compared to
total stock accessible to customers; and/or
(3)
Revenues derived from adult entertainment of
any type, generally, or as compared to total revenues; and/or
(4)
Advertising devoted to adult entertainment of
any type, generally, or as compared to total advertising; and/or
(5)
Use of the establishment for adult entertainment
of any type, generally, or as compared to total use thereof.
B.
Conclusively. The following shall be conclusive
in determining "substantial portion":
(1)
Forty percent or more of floor area and cellar
space accessible to customers allotted to adult entertainment of any
type; and/or
(2)
Forty percent or more of its stock-in-trade
in adult entertainment materials of any type; and/or
(3)
Forty percent or more of its gross income derived
from adult entertainment of any type; and/or
(4)
Forty percent or more of its advertising devoted
to adult entertainment of any type; and/or
(5)
Forty percent or more of its business, generally,
engaged in adult entertainment of any kind.
[Added 8-26-2003 by L.L. No. 65-2003]
A. Buildings that are proposed either in the Hamlet Office
(HO) or Hamlet Commercial (HC) zoning districts may be greater than
3,000 square feet in size, but no building shall be greater than 6,000
square feet in size, subject to the following standards:
(1)
For every 1,000 square feet, or portion thereof greater than 3,000 square feet, of additional building space, one apartment shall be provided subject to requirements set forth in §
330-158. At least one dwelling unit shall be reserved for a moderate-income family as defined in §
330-5; or
(2)
A minimum of 50% of the total lot area is restricted
from further development and is reserved for a park, undisturbed open
space, regional stormwater detention facility or public right-of-way
or other similar benefit to the public.
B. For buildings larger than 3,000 square feet, up to
a maximum of 4,000 square feet, the minimum side and rear transition
yard shall be 35 feet.
C. For buildings larger than 4,000 square feet, the minimum
side and rear transition yard shall be 50 feet.
[Added 8-26-2003 by L.L. No. 65-2003]
A. For a three-family detached dwelling, one development right shall be acquired or one Pine Barren credit (PBC) pursuant to Article
XXIV of this chapter or at least one dwelling unit shall be reserved for a moderate-income family as defined in §
330-5. There shall be no more than three dwelling units per lot.
B. For a four-family detached dwelling, one development right or one (1) Pine Barrens Credit (PBC) shall be acquired pursuant to Article
XXIV of this chapter. In addition, at least one dwelling unit shall be reserved for a moderate-income family as defined in §
330-5. There shall be no more than four dwelling units per lot.
C. Rental or ownership of dwelling units reserved for affordable housing shall comply with the requirements of Chapter
216 of the Town Code.
D. Owner occupancy required. The owner or owners of the
lot upon which the accessory apartment is located shall reside within
the principal dwelling or the accessory apartment, and said dwelling
or apartment shall be considered the owner's or owners' domicile or
principal place of abode. No other owner or owners shall own a larger
percentage collectively or individually than the owner-occupant.
E. At least one additional off-street parking space shall
be provided for on the lot for the accessory apartment, and such space(s)
shall not be located in the required minimum front yard. The Building
Department may require additional off-street parking spaces where
the occupant(s) of the dwelling or accessory apartment own more than
one vehicle.
F. If a second or new entrance to the accessory apartment
is constructed, ground floor outside entrances to the accessory apartment
shall be from the side or rear yard. Second-floor outside entrances
shall be from the rear yard.
G. A dwelling to which the accessory apartment is to be added pursuant to this article shall not be eligible for a seasonal rental permit under Article
XIV of this chapter.
H. Only the owner-occupant of the residence may apply
for this building permit and shall execute such agreements, contracts,
easements, covenants, deed restrictions or other legal instruments
running in favor of the Town as, upon recommendation of the Town Attorney,
will ensure that:
(1)
The principal dwelling or the apartment is the
domicile of the owner-occupants.
(2)
The principal dwelling or the apartment is the
domicile of all tenants therein.
(3)
The apartment or any proprietary or other interest
therein will not be sold to the tenant or any other party, except
as part of a sale of the entire residence in which the apartment is
located.
(4)
All leases of the rental apartment shall be
in writing and made available to the Town Building Department upon
request and shall be for a minimum of a one-year term.
(5)
The apartment is properly constructed, maintained
and used, and unapproved uses are excluded therefrom.
(6)
Any other condition deemed reasonable and necessary
to ensure the immediate and long-term success of the apartment in
helping to meet identified housing needs in the community is met.
[Added 1-13-2015 by L.L. No. 2-2015]
A. An accessory vending vehicle shall be defined as a motorized, self-propelled,
mobile vehicle in which food items are able to be substantially prepared
and sold to the general public. An accessory vending vehicle must
be licensed to operate under the same name as the primary restaurant
use.
B. An accessory vending vehicle, as an accessory use to an existing
or new restaurant, shall be subject to site plan review; however,
if the primary use restaurant is operating pursuant to a valid, approved
site plan, such application for special exception shall be subject
only to the following:
(1)
Administrative site plan review procedures as outlined in §§
330-183.2 and
330-183.3 and conformity with Chapter
330, Article
XXII (Signs); and
(2)
An exemption from the requirements of §
330-121B, and the Town Planning and Development Administrator may, at his discretion, assume all authority granted to the Planning Board in §§
330-120 through
330-123 of this Code with respect to an application for this use.
C. An accessory vending vehicle shall attain all required licenses and
permits associated with the nature of their accessory vending vehicles.
This includes, but is not limited to, Suffolk County Department of
Health Services business certificates and/or a Southampton peddler's
license, as may be applicable, except that, where any other law or
ordinance or regulation imposes a greater restriction, such law, ordinance
or regulation shall control.
D. All accessory vending vehicles shall be in compliance with the provisions of §§
330-76 and
330-78.
E. An accessory vending vehicle must be parked in the parking lot of
the restaurant to which it is an accessory use, in a location so as
not to impede safe motor vehicle and pedestrian circulation.
F. When not in operation, the accessory vending vehicle is to be stored
in a designated truck stall located at the rear of the parking lot
so as not to be seen from the public right-of-way to the maximum extent
possible. The designated truck stall shall be a minimum of 12 feet
by 25 feet.
G. The accessory vending vehicle shall only operate when the primary
restaurant is not open to the public.
H. Accessory vending vehicles are required to pick up, remove and dispose
of all trash or refuse which consists of materials originally dispensed
from the truck and to provide a litter receptacle which is clearly
marked with a sign requesting its use by patrons.
I. Temporary outside seating accommodating no more than 16 individuals
shall be permitted so long as it does not impede safe motor vehicle
and pedestrian operation and is removed when the accessory vending
vehicle is not operating, unless the outdoor seating is approved as
part of the principal restaurant use.
J. Accessory vending vehicles may not play amplified music from the
truck.
K. No additional permanent outdoor lighting shall be permitted associated with the accessory vending vehicle, except as provided in approved outdoor lighting of the primary use restaurant, in conformance with Article
XXIX of Chapter
330 of the Town Code.
L. All mechanical equipment, utilities, and other support facilities
such as LP tanks, transformers, condensers, heating, ventilating and
air-conditioner units, etc., shall be self contained within the accessory
food vending vehicle; however, no restrictions contained herein shall
prevent a mobile food vending vehicle from obtaining electrical power
from an on-site power source outside of the truck, provided such power
source and electrical connections comply with all applicable law.
M. No alcoholic beverages shall be sold and/or distributed in any manner
associated with the actual operation of an accessory vending vehicle.
[Added 1-26-2021 by L.L.
No. 3-2021
A. Applications for the installation of battery energy storage systems with an aggregate capacity greater than 600 kWh shall be reviewed by the Planning Board pursuant to §
330-183, the special exception general standards in §
330-122 and as follows:
B. Utility lines and electrical circuitry. All on-site utility lines
shall be buried underground.
C. Parcels upon which battery energy storage systems are placed shall
adhere to the dimensional regulations for the applicable zoning district
with additional standards as set forth below:
(1)
The minimum lot area for all Business and Industrial District
parcels proposing battery storage in excess of 600 kWh shall be 40,000
square feet.
(2)
The minimum lot area for all residential parcels proposing battery
storage in excess of 600 kWh shall be 120,000 square feet.
(3)
The maximum height of any building or structure used for battery storage shall be 20 feet, as measured pursuant to §
330-5, Height of structure or building, except as may be required in a FEMA flood zone.
(4)
The minimum required transitional side and rear yards shall
be 50 feet when adjoining residential properties.
(5)
The minimum screening within required yards shall include landscape
plantings to be erected and maintained by the applicant along the
front, side and rear property lines; the Planning Board may modify
these requirements for screening where the same or better screening
effect is accomplished by the natural terrain or foliage.
(6)
Design and visibility. Battery energy storage systems shall
have views minimized from adjacent properties to the extent reasonably
practicable using architectural features, earth berms, landscaping,
or other screening methods that will harmonize with the existing terrain,
character of the property and surrounding area without interfering
with ventilation or exhaust ports.
(7)
Adjoining street right-of-way.
(a)
The minimum required transitional front yard shall be 20 feet,
unless the Planning Board finds for aesthetic and/or safety reasons
that additional setback is necessary.
(b)
The minimum required screening shall be achieved by landscape
plantings, including evergreen shrubs not less than four feet in height,
and deciduous street trees that meet Town specifications.
D. Fencing requirements.
(1)
Battery energy storage systems, including all mechanical equipment
and buildings dedicated to battery energy storage systems shall be
enclosed by a fence to a maximum height of six feet with a self-locking
gate to prevent unauthorized access and shall not interfere with ventilation
or exhaust ports.
(2)
All required fencing shall comply with front yard setbacks pursuant
to the table of dimensional regulations for the applicable zoning
district.
(3)
The Planning Board shall require landscaping located between
the fence and the surrounding properties, including the public right-of-way
as appropriate and necessary.
E. Accessory/principal use.
(1)
Battery storage in excess of 600 kWh shall not be permitted
as accessory to the principal use of a residential dwelling.
(2)
In Business and Industrial Districts, battery storage in excess of 600 kWh shall constitute a principal use and as such parcels shall comply with the maximum number of uses as per §
330-31.
(3)
Battery storage in excess of 600 kWh may be considered accessory
when the primary use of a parcel is for the generation of electricity
via solar panels.
F. Avoidance area. Battery energy storage systems facilities shall not
be located in the following avoidance areas:
(1)
Flood hazard zones, unless compliance with FEMA can be achieved
without significant visual or safety impacts.
(2)
Aquifer Protection Overlay District where the clearing standards
cannot be met.
(3)
Agricultural lands and open space/greenbelt areas.
(4)
Historically and culturally significant resources, unless it
can be demonstrated that an installation will not adversely affect
the historic resource and is fully reversible.
(5)
Designated conservation areas, including but not limited to
lands purchased through the Community Preservation Fund.
(6)
Scenic corridors or viewsheds, unless the installation is fully
camouflaged and is found to not compromise the scenic corridor or
viewshed.
(7)
Wetlands, both tidal and freshwater.
G. Submission. A complete site plan pursuant to §§
330-181,
330-183,
330-184 and special exception requirements as follows:
(1)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the battery energy
storage system.
(2)
A one- or three-line electrical diagram detailing the battery
energy storage system layout, associated components, and electrical
interconnection methods, with all National Electrical Code compliant
disconnects and over current devices.
(3)
A preliminary equipment specification sheet that documents the
proposed battery energy storage system components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(4)
Commissioning plan. Such plan shall document and verify that
the system and its associated controls and safety systems are in proper
working condition per requirements set forth in the Uniform Code.
Where commissioning is required by the Uniform Code, battery energy
storage system commissioning shall be conducted by a New York State
(NYS) licensed professional engineer after the installation is complete
but prior to final inspection and approval. A corrective action plan
shall be developed for any open or continuing issues that are allowed
to be continued after commissioning. A report describing the results
of the system commissioning and including the results of the initial
acceptance testing required in the Uniform Code shall be provided
to the Planning Board prior to final inspection and approval and maintained
at an approved on-site location.
(5)
Fire safety compliance plan. Such plan shall document and verify
that the system and its associated controls and safety systems are
in compliance with the Uniform Code.
(6)
Operation and maintenance manual. Such plan shall describe continuing
battery energy storage system maintenance and property upkeep, as
well as design, construction, installation, testing and commissioning
information and shall meet all requirements set forth in the Uniform
Code.
(7)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board in consultation with the Town Engineer.
H. Signage.
(1)
The signage shall be in compliance with ANSI (American National
Standards Institute) Z535 and shall include the type of technology
associated with the battery energy storage systems, any special hazards
associated, the type of suppression system installed in the area of
battery energy storage systems, and twenty-four-hour emergency contact
information, including reach-back phone number.
(2)
As required by the NEC (National Electric Code), disconnect
and other emergency shutoff information shall be clearly displayed
on a light reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
I. Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties and must adhere to Article
XXIX of the Town Zoning Code.
J. Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall comply with noise standards found in §
235-3B. Applicants may submit equipment and component manufacturer's noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard.
K. All applications shall include an emergency operations plan. a copy
of the approved emergency operations plan shall be given to the system
owner, the local Fire Department, and local Fire Code Official. A
permanent copy shall also be placed in an approved location to be
accessible to facility personnel, fire code officials, and emergency
responders. The emergency operations plan shall include the following
information:
(1)
Procedures for safe shutdown, de-energizing, or isolation of
equipment and systems under emergency conditions to reduce the risk
of fire, electric shock, and personal injuries, and for safe start-up
following cessation of emergency conditions.
(2)
Procedures for inspection and testing of associated alarms,
interlocks, and controls.
(3)
Procedures to be followed in response to notifications from
the battery energy storage management system, when provided, that
could signify potentially dangerous conditions, including shutting
down equipment, summoning service and repair personnel, and providing
agreed upon notification to Fire Department personnel for potentially
hazardous conditions in the event of a system failure.
(4)
Emergency procedures to be followed in case of fire, explosion,
release of liquids or vapors, damage to critical moving parts, or
other potentially dangerous conditions. Procedures can include sounding
the alarm, notifying the Fire Department, evacuating personnel, de-energizing
equipment, and controlling and extinguishing the fire.
(5)
Response considerations similar to a safety data sheet (SDS)
that will address response safety concerns and extinguishment when
an SDS is not required.
(6)
Procedures for dealing with battery energy storage system equipment
damaged in a fire or other emergency event, including maintaining
contact information for personnel qualified to safely remove damaged
battery energy storage system equipment from the facility.
(7)
Other procedures as determined necessary by the Planning Board
to provide for the safety of occupants, neighboring properties, and
emergency responders.
(8)
Procedures and schedules for conducting drills of these procedures
and for training local first responders on the contents of the plan
and appropriate response procedures.
L. Ownership changes. If the owner of the battery energy storage system
changes or the owner of the property changes, the special exception
approval shall remain in effect, provided that the successor, owner
or operator assumes in writing all of the obligations of the special
use permit, site plan approval, and decommissioning plan. A new owner
or operator of the battery energy storage system shall notify the
Planning Department of such change in ownership or operator in writing
within 30 days of the ownership change. All permits and approvals
for the battery energy storage system shall be void if a new owner
or operator fails to provide written notification to the Planning
Department within the required timeframe. Reinstatement of a voided
special exception/site plan will be subject to approval process for
new applications.
M. Decommissioning. All site plan applications shall include a decommissioning
plan. The decommissioning plan shall include the following:
(1)
A narrative description of the activities to be accomplished,
including who will perform that activity and at what point in time,
for complete physical removal of all battery energy storage system
components, structures, equipment, security barriers, and transmission
lines from the site;
(2)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations;
(3)
The anticipated life of the battery energy storage system;
(4)
The estimated decommissioning costs and how said estimate was
determined;
(5)
The method of ensuring that funds will be available for decommissioning
and restoration;
(6)
The method by which the decommissioning cost will be kept current;
(7)
The manner in which the site will be restored, including a description
of how any changes to the surrounding areas and other systems adjacent
to the battery energy storage system, such as, but not limited to,
structural elements, building penetrations, means of egress, and required
fire detection suppression systems, will be protected during decommissioning
and confirmed as being acceptable after the system is removed; and
(8)
A listing of any contingencies for removing an intact operational
energy storage system from service, and for removing an energy storage
system from service that has been damaged by a fire or other event.
(9)
The owner and/or operator of the energy storage system shall
implement said plan upon abandonment and/or in conjunction with removal
from the facility.
N. Decommissioning fund. The owner and/or operator of the energy storage
system shall continuously maintain a fund payable to the Town of Southampton,
in a form and amount approved by the Town for the removal of the battery
energy storage system, for the period of the life of the facility.
All costs of the financial security shall be borne by the applicant.
[Added 3-22-2022 by L.L. No. 10-2022]
A. The Planning Board may request a traffic impact analysis which determines
that the existing roadway network in the area of the proposed development
will be able to handle the existing through traffic, plus the additional
traffic that the development will generate.
B. The overall appearance and layout of the medical marijuana dispensary,
including both the building and the site, and the operation thereof,
shall be designed to be in conformity with the character of the community
in which it is located. Generic and standard architectural design
derivatives of national or regional chains shall not be permitted.
Architectural design, including the use of facade materials, roof
materials, window and door treatments, lighting, landscaping and signage,
shall be reflective of and harmonious with the vernacular architecture
of the particular hamlet in which the medical marijuana dispensary
is located. Excessive signage and lighting shall be prohibited.
C. The proposed medical marijuana dispensary shall not be located within
close proximity (minimum 3,000 feet) of another lot on which another
medical marijuana dispensary is located.
D. Said use shall not be permitted within 500 feet of a school or within
200 feet of a house of worship.
E. Each applicant proposing a medical marijuana dispensary shall provide
the Department of Land Management with an inventory of existing medical
marijuana dispensaries that are either within the jurisdiction of
the Town or within one mile of the border thereof.
F. A medical marijuana dispensary shall submit evidence that all necessary
licenses and/or permits have been obtained from New York State and
all other applicable agencies to the Town prior to the issuance of
a certificate of occupancy. Said licenses and/or permits shall be
posted in a conspicuous place, near the main exit or exit access doorway.
G. A medical marijuana dispensary shall have a security system and cameras
to prevent and detect diversion, theft, or loss, using commercial-grade
equipment.
[Added 12-28-2021 by L.L. No. 27-2021]
A. Industrial
use activities, if consistent with good industrial practices and established
prior to the surrounding nonindustrial activities, are deemed reasonable
and shall not be considered a nuisance or an interference with the
comfortable enjoyment of life and property, unless the activity has
a substantial adverse effect on the public health and safety, and
provided that such activities are not being conducted in violation
of any other provision of the Town Code.
B. The
Planning Board shall consider the existing traffic and pedestrian
circulation and make findings that they will not be negatively impacted
and/or interrupted by the proposed development.
C. The
applicant shall demonstrate that the proposed physical fitness use
can be accommodated in terms of parking requirements and traffic.
All traffic signs and pavement markings shall be in accordance with
the New York State Manual of Uniform Traffic Control Devices (NYS
MUTCD). Pedestrian crosswalks and signs shall be in accordance with
the NYS MUTCD and shall be provided at locations where significant
crossing activities occur, such as at main building doorways and across
drive-through lanes.
[Added 2-28-2023 by L.L. No. 9-2023]
A. Applications for the installation of a commercial-scale solar energy systems shall be reviewed by the Planning Board pursuant to §§
330-183,
330-122 and the special conditions and safeguards set forth herein.
B. Opportunity areas. Regardless of current zoning classification, the
following shall be considered for the siting of commercial-scale solar
energy systems (primary or accessory use):
(3)
Preexisting, nonconforming light industrial uses that can be
converted to solar.
(6)
Golf courses, where scenic view sheds or other environmentally
sensitive areas are not impacted.
(7)
Designated cleanup sites or other lands designated by the NYSDEC
or other relevant agency for environmental clean-up.
(8)
Previously disturbed areas, defined as land which has undergone
substantial disturbance, construction, or demolition activities as
a result of previous land uses prior to the effect date of this chapter,
including parcels within the Central Pine Barrens, if standards/guidelines
are met/or a hardship waiver has been granted.
(9)
Roofs of existing commercial structures.
(11)
Parcels that have been previously cleared prior to 1995 that
can reasonably be expected to have continuous solar access considering
clearing restrictions within the Aquifer Protection Overlay District.
(12)
Recharge basins or other parcels set aside through the subdivision
process.
C. Avoidance area. A commercial-scale solar energy systems shall not
be located or permitted in the following avoidance areas:
(1)
Flood hazard zones, unless compliance with FEMA can be achieved
without significant visual or safety impacts.
(2)
Aquifer Protection Overlay District (APOD) parcels where the
clearing standards cannot be met without the need for waivers or a
variance and continuous solar access is not guaranteed.
(3)
Lands in active agricultural production and lands identified
as having prime agricultural soils, unless generating no more than
100% of the electricity consumed on-site for the farming operations
(as determined over the previous 12 months) and not located so as
to disturb or remove prime agricultural soils.
(4)
Open space/greenbelt areas.
(5)
Historically and culturally significant resources, unless it
can be demonstrated that an installation will not adversely affect
the historic resource and is fully reversible.
(6)
Designated conservation areas, including but not limited to
lands purchased through the Community Preservation Fund, except municipal
facilities such as landfills located in areas previously designated
in OSC.
(7)
Scenic corridors or viewsheds as identified within the Comprehensive
Plan, unless the installation is fully camouflaged and is found to
not compromise the scenic corridor or viewshed.
(8)
Wetlands, both tidal and freshwater.
D. Parcels upon which commercial-scale solar energy systems are proposed
shall adhere to the dimensional regulations for the applicable zoning
district with additional standards as set forth below:
(1)
Except for municipally owned parcels, the minimum lot area for
all residentially zoned parcels proposing a large-scale system shall
be 120,000 square feet.
(2)
Setback requirements:
(a)
Parcels entirely located in the LI-40, LI-200, shall meet the
underlying front, rear and side yard setbacks.
(b)
The minimum setback to property lines of parcels developed with
residential dwellings or platted for future residential development
shall be 100 feet.
(c)
When two or more commercial-scale solar systems share a common
boundary, setbacks from such boundary for both facilities may be waived
when found appropriate.
(e)
The Town of Southampton Planning Board may approve reduced setbacks
or coverage commercial-scale when abutting residential lots. To the
extent that existing vegetation or natural land forms on the site
provides such screening, this requirement may be modified to reflect
field conditions. If existing vegetation or land forms providing the
screening are disturbed, new plantings shall be provided which accomplish
the same objective. Opaque architectural fencing may be used to supplement
other screening methods but shall not be the primary method.
(f)
Ground cover on the site shall be native vegetation and maintained
in accordance with a landscaping maintenance plan approved by the
Planning Board. Incorporation of native plant species that require
no pesticides, herbicides, and fertilizers or the use of pesticides
and fertilizers with low toxicity, persistence, and bioavailability
shall be used, as determined by the Planning Board. When feasible,
all such systems shall incorporate native perennial vegetation designed
to attract pollinators.
E. Application and site plan review requirements. Applications for commercial-scale
solar energy systems, including materials for site plan and/or special
exception review, shall include the following:
(1)
Name, address, and contact information of the owner and/or operator
of the solar energy system.
(2)
Name, address, contact information, and signature of the project
applicant, as well as all the property owners, demonstrating their
consent to the application and the use of the property for the solar
energy system.
(3)
Proposed nameplate capacity of the solar energy system (as expressed
in both kW and MW).
(4)
Zoning district designation for the parcel(s) of land comprising
the facility area and a detailed plan of the facility area.
(5)
Property lines and physical features, including roads, for the
project site.
(6)
Adjacent land uses on contiguous parcels within a 100-foot radius
of the site boundary.
(7)
Proposed changes to the landscape of the site, including site
grading, vegetation clearing and planting, the removal of any large
trees, access roads, exterior lighting, signage, fencing, landscaping,
and screening vegetation or structures.
(8)
Clearing calculations shall be provided on a survey for parcels
greater than 10 acres.
(9)
Erosion and sediment control and storm water management plans
to the satisfaction of the Town Engineer.
(10)
A one- or three-line electrical diagram detailing the entire
solar energy system layout, including the number of solar panels in
each ground-mount array, solar collector installation, associated
components, inverters, electrical interconnection methods, and utility
meter, with all National Electrical Code compliant disconnects and
over current devices. The diagram should describe the location and
layout of all battery energy storage system components if applicable
and should include all applicable setback and other bulk and area
standards.
(11)
A preliminary equipment specification sheet that documents all
proposed solar panels, system components, mounting systems, racking
system details, and inverters that are to be installed. A final equipment
specification sheet shall be submitted prior to the issuance of building
permit.
(12)
Vehicular paths. Vehicular paths within the facility area shall
be designed in compliance with Uniform Code requirements to ensure
emergency access, while minimizing the extent of impervious materials
and soil compaction.
(13)
No signage or graphic content shall be displayed on the solar
energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Signage plans shall indicate this within an area no more
than eight square feet. As required by National Electric Code (NEC),
disconnect and other emergency shutoff information shall be clearly
displayed on a light reflective surface. A clearly visible warning
sign concerning voltage shall be placed at the base of all pad-mounted
transformers and substations.
(14)
Substation and infrastructure information and any planned upgrades
thereto shall be submitted in connection with any application. Substation
upgrades or new construction that will result in a new substation,
an enlarged substation, change to the height of existing poles in
a right-of-way, new utility poles or any other change that affects
the character of an existing residential area shall be disclosed with
visual information for public review.
(15)
Each applicant proposing a commercial-scale solar facility shall
provide the Department of Land Management with an inventory of existing
commercial-scale solar facilities, of which the applicant is aware
that are within one mile of the proposed project area. Said submission
shall include such specific information about the location, size and
design of each commercial-scale solar facility. For purposes of measurement,
commercial-scale solar facility setbacks and separation distances
shall be calculated and applied to facilities located in the Town,
irrespective of municipal/jurisdictional boundaries. This information
may be spatially mapped and available to the public.
F. Fencing. All solar energy system equipment as defined in §
330-5, is granted a maximum fencing height of seven feet from grade with a self-locking gate to prevent unauthorized access as required by the NEC (National Electric Code). Fencing is prohibited on top of walls.
G. Noise. The proposed solar facility shall demonstrate compliance with Town Code Chapter
235, Noise.
H. Prior to obtaining a building permit, all applicants shall obtain
a grid-interconnection agreement from LIPA or the local energy provider
(or successor) which states at a minimum: the location of the project,
the anticipated size of the commercial-scale solar facility, whether
the existing energy system can accommodate the proposal, and whether
any infrastructure, substation additions or upgrades are required
due to the commercial-scale solar facility proposal.
I. EMF exposure limits. The EMF exposure limits at property lines shall
be two milligauss (mG) or less, except where the connection lines
exit the property.
J. New commercial-scale solar energy systems shall coordinate with the
applicable Town emergency services staff to provide materials, education,
and/or training to the departments serving the property with emergency
services in how to safely respond to on-site emergencies.
K. Decommissioning. All site plan applications shall include a decommissioning
plan. The decommissioning plan shall include the following:
(1)
A narrative description of the activities to be accomplished,
including who will perform that activity and at what point in time,
for complete physical removal of all commercial-scale solar energy
system components, structures, and equipment.
(2)
Commercial-scale solar systems which have reached the end of
their useful life or have not been in active and continuous service
for a period of 12 months shall be deemed to have been abandoned and
shall be removed at the owner's or operator's expense.
(3)
The owner or operator shall notify the Town Planning and Development
Administrator by certified mail and in person of the proposed date
of discontinued operations and plans for removal.
(4)
Decommissioning shall include removal of all solar electric
systems, buildings, cabling, electrical components, security barriers,
roads, foundations, pilings, and any other associated facilities,
so that any ground upon which the facility and/or system was located
is again suitable for future uses. A restoration plan shall be prepared
by a licensed design professional and submitted to the Town of Southampton
Planning Board for approval. The site shall be graded and reseeded
to restore it to as natural a predevelopment condition as possible
or replanted with native plantings to stimulate predevelopment conditions
as indicated on the preliminary site plan. Any exception to site restoration,
such as leaving access roads in place or seeding instead of planting
seedlings shall be requested by the landowner in writing, and this
request shall be approved by the Town of Southampton Planning Board.
(5)
The site shall be completely regraded and reseeded or replanted
within 12 months of removal of solar facilities. Regrading and reseeding
or replanting shall be initiated within a six-month period of removal
of equipment.
(6)
Hazardous material from the property shall be disposed of in
accordance with federal and state law.
(7)
Decommissioning shall be performed in compliance with the approved
decommissioning plan. Town of Southampton Planning Board may approve
any appropriate amendments to or modifications of the decommissioning
plan. The Planning Board shall require a performance bond for the
duration of the operation of the commercial-scale solar facility for
the purposes of decommissioning said facility as described above.
L. Decommissioning fund. The owner and/or operator of the solar energy
system shall continuously maintain a fund payable to the Town of Southampton,
in a form and amount approved by the Town for the removal of the solar
energy system, for the period of the life of the facility. All costs
of the financial security shall be borne by the applicant.
M. Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, the successor owner
or operator shall assume in writing all of the obligations of the
site plan approval, and decommissioning plan. A new owner or operator
of the commercial-scale solar energy system shall notify the Building
Division of such change in ownership or operator within 30 days of
the ownership change.
N. For solar energy systems subject to site plan/special exception review,
a schedule of fees to recover expenses associated with outside engineering,
environmental, or legal services determined to be reasonably necessary
in the processing of an application under this law shall be included
in the Land Management fee schedule, as amended from time to time.
[Added 3-14-2023 by L.L. No. 14-2023]
A. Living quarters for golf course employees shall be located on the
same property as an eighteen-hole golf course and only for as long
as the golf course exists.
B. Living quarters for golf course employees shall be located no less
than 150 feet from any side and rear lot line and shall be no less
than the required front yard setback for the principal building for
the applicable zone. Notwithstanding anything to the contrary, the
Planning Board may approve reduced setbacks where the adjacent properties
are not residentially zoned, or are protected open space or golf course
uses.
C. No more than 50 golf course employees total are permitted to reside on the premises, with a maximum of 25 employees per new building. All living quarters for golf course employees currently approved by the Town of Southampton that benefit from existing certificates of compliance/occupancy shall be counted towards the allowable maximum density (50 employees) on the premises, notwithstanding that the setbacks of the buildings may not comply with Subsection
B above.
D. Living quarters for golf course employees may be located in a separate
detached building or may be attached or combined in an existing building
that is dedicated to another use, so long as the height of the building
does not exceed 32 feet.
E. The maximum permitted size of any new building for living quarters
for golf course employees shall not exceed 7,000 square feet of total
floor area, with a total of 14,000 square feet aggregate if more than
one new building is proposed - as measured from the outermost exterior
walls of the structure, including any habitable space in the basement.
The massing of buildings and associated parking/facilities arrangements
shall be situated to reduce and minimize any impacts on adjacent neighboring
properties. Adaptive reuse or expansion of existing buildings is permitted
where practicable.
[Added 4-11-2023 by L.L. No. 15-2023]
A. A nonmedical cannabis dispensary shall not be permitted on the same
road and within 500 feet of school grounds. For purposes of this section,
"school grounds" shall be defined as any building, structure, and
surrounding outdoor grounds, including entrances or exists, contained
within a public or private preschool, nursery school, elementary,
or secondary school's legally defined property boundaries pursuant
to § 409(2) of the New York State Education Law.
(1)
This measurement shall be taken in a straight line from the
nearest point of the school grounds to the center of the nearest entrance
of the licensed premises.
(2)
If the entrance being used for the measurement is set back from
the sidewalk by a walkway or doorway, the center of the line where
the walkway or doorway meets the sidewalk is used for the measurement.
(3)
If the school grounds are situated on a corner lot, the school
ground is considered to be on both roads of the intersection, whether
or not there is an entrance to the building on both roads.
B. A nonmedical cannabis dispensary shall not be permitted on the same
road and within 500 feet of a community facility. For purposes of
this section, a "community facility" shall include, but is not limited
to, a facility that provides day care to children, a public park,
a playground, a public swimming pool, a library, or a center or facility
where the primary purpose is to provide recreational opportunities
or services to children or adolescents.
(1)
This measurement shall be taken in a straight line from the
nearest point of the community facility to the center of the nearest
entrance of the licensed premises.
(2)
If the entrance being used for the measurement is set back from
the sidewalk by a walkway or doorway, the center of the line where
the walkway or doorway meets the sidewalk is used for the measurement.
(3)
If the community facility is situated on a corner lot, the facility
is considered to be on both roads of the intersection, whether or
not there is an entrance to the building on both roads.
C. A nonmedical cannabis dispensary shall not be permitted on the same
road and within 200 feet of a building occupied exclusively as a house
of worship.
(1)
This measurement shall be taken in straight line from the center
of the nearest entrance of such house of worship to the center of
the nearest entrance of the licensed premises.
(2)
If the entrance being used for the measurement is set back from
the sidewalk by a walkway or doorway, the center of the line where
the walkway or doorway meets the sidewalk is used for the measurement.
(3)
If the house of worship is situated on a corner lot, the house
of worship is considered to be on both roads of the intersection,
whether or not there is an entrance to the building on both roads.
(4)
A house of worship does not cease to be "exclusively" occupied
as a house of worship notwithstanding its incidental uses, which include,
but are not limited to:
(a)
The conduct of games of bingo or other games of chance held
as a means of raising funds for the not-for-profit religious organization
which conducts services at said house of worship, or for other not-for-profit
organizations or groups;
(b)
Use of the building for fund-raising performances by, or benefitting,
the not-for-profit religious organization that conducts services at
said house of worship, or other not-for-profit organizations or groups;
(c)
Use of the building by other religious organizations or groups
for religious services or other purposes;
(d)
Use of the building for social activities by, or for the benefit
of, the congregants;
(e)
Use of the building for meetings held by organizations or groups
that provide bereavement counseling, or advice or support for conditions
or diseases including, but not limited to, alcoholism, substance use
disorder, cancer, cerebral palsy, Parkinson's disease, or Alzheimer's
disease;
(f)
Use of the building for blood drives, health screenings, health
information meetings, yoga classes, exercise classes, or other activities
intended to promote the health of its congregants or any other persons;
(g)
Use of the building by noncongregant members of the community
for private social functions.
D. A nonmedical cannabis dispensary shall not be located within a 1,000-foot
radius of another premises for which a nonmedical cannabis dispensary
license has been issued.
E. The Planning Board may request a traffic impact analysis prepared
by a qualified professional demonstrating that the existing roadway
network in the area of the proposed dispensary will be able to safely
absorb the additional traffic that the dispensary is expected to generate.
F. The parcel shall be of sufficient size and shape so as to provide
for the required buffer and transition yard areas intended to screen
the development from adjacent parcels.
G. If adjoining a residential parcel(s), the minimum required transitional
yard shall be 100 feet.
H. The overall appearance and layout of the nonmedical cannabis dispensary,
including both the building and the site, as well as the operation
thereof, shall be designed to be in conformity with the character
of the community in which it is located. Generic and standard architectural
design derivatives of national or regional chains shall not be permitted.
Architectural design, including the use of facade materials, roof
materials, window and/or door treatments, lighting, landscaping, and
signage, shall be reflective of, and harmonious with, the vernacular
architecture of the particular hamlet in which the cannabis dispensary
is located.
I. A nonmedical cannabis dispensary site must be able to accommodate
the parking requirements for retail use, as determined by the Planning
Board.
J. Outdoor speakers, as well as outdoor music and/or public address
systems, shall be prohibited.
K. The Planning Board may require a pedestrian circulation plan demonstrating
that walkways and/or sidewalks facilitate pedestrian movement and,
where applicable, connect with sidewalks and/or pedestrian walkways
for uses on the same site or on adjacent sites or lots.
L. Drive-thru windows shall be prohibited.
M. Signage.
(1)
Not more than two signs may be located outside of the nonmedical
cannabis dispensary.
(2)
Exterior signs must be on the same parcel as the store/dispensary
and affixed to a building or permanent structure.
(3)
Exterior signs may not be larger than necessary to reasonably display the information, and must comply with the Town's Sign Code regulations at §§
330-200 through
330-210.1, and any subsequent amendments.
(4)
Signs shall comply with Part 129 (Adult-Use Marketing and Advertising)
of the regulations promulgated by OCM, including, but not limited
to, a prohibition from using or displaying colloquial references to
cannabis or depictions of cannabis, cannabis products, paraphernalia,
or the imagery or action of smoking or vaping.
(5)
Signs shall not include mottos, selling messages, or any other
nonessential text.
(6)
No cannabis products shall be displayed in an area that is visible
from outside the store/dispensary.
(7)
No sign shall be within, or be readily observed within, 500
feet of school grounds or a community facility, as defined herein.
N. A nonmedical cannabis dispensary shall submit evidence that all necessary
licenses and/or permits have been obtained from the New York State
Office of Cannabis Management (OCM) prior to the issuance of a certificate
of occupancy and/or change of tenancy permit. Said licenses and/or
permits shall be posted in a conspicuous place, near the main exit
or exit access doorway.
O. A nonmedical cannabis dispensary shall have a security system to
prevent and detect diversion, theft, or loss, utilizing commercial-grade
equipment, pursuant to Part 125 (General Operating Requirements and
Prohibitions) of the regulations promulgated by OCM.
P. A nonmedical cannabis dispensary shall only operate between the hours
of 10:00 a.m. and 9:00 p.m.
Q. The Planning Board shall incorporate all applicable fire marshal
requirements into any final approval.