Town of Southampton, NY Special Exception Uses

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.

§ 330-121 General procedure and conditions.

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.

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[1] 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]

[1]

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

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.

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.

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.

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.

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.

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]

§ 330-122 General standards.

For every such special exception use, the Planning Board shall determine that:

Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 330-3.

The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.

The proposed use will not prevent the orderly and reasonable use of adjacent properties, particularly where they are in a different district.

The site is particularly suitable for the location of such use in the Town.

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.

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.

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.

All proposed curb cuts have been approved by the street or highway agency which has jurisdiction.

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.

Adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.

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.

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.

The proposed use recognizes and provides for the further specific conditions and safeguards required for particular uses in this article.

§ 330-123 Meeting of special conditions and safeguards required.

[Amended 6-12-2001 by L.L. No. 22-2001]

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.

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.

§ 330-124 Automobile laundry.

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.

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.

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.

An automobile laundry shall not provide services other than washing, waxing, simonizing or similar treatment.

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.

§ 330-125 Beach club, nonprofit.

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.

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.

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.

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.

There shall be no outdoor public-address or music system.

Beach club activities shall not include a nightclub.

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.

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.

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.

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.

§ 330-126 Boatyard.

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.

Outdoor storage of boats may be permitted.

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.

In addition, all requirements listed for a marina shall also apply to a boatyard.

§ 330-127 Bus passenger shelter.

The shelter shall be located to permit ample room for the bus to conveniently leave the traveled roadway to pick up or discharge passengers.

The design shall be harmonious with adjacent properties.

Such structure shall have no more than one announcement sign, such sign not exceeding two square feet in area.

§ 330-128 Church or similar place of worship or religious instruction.

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.

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.

Lot coverage shall not exceed 20% or the maximum percentage permitted in the applicable district, whichever is less.

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.

§ 330-129 Highway business uses with buildings or building complexes greater than 15,000 square feet. [1]

[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 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.

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:

(a)

No flat roofs.

(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.

[1]

Editor's Note: Former § 330-129, College or university, was repealed 12-22-1992 by L.L. No. 54-1992.

§ 330-130 Conversion of existing one-family detached dwelling for two families.

[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.

§ 330-131 Drive-through establishments.

[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]

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.

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.

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.

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.

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.

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.

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.

Ordering payment and pickup shall take place at service facilities only. One sign, no more than 32 square feet, shall be permitted.

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.

§ 330-131.1 Restaurants, fast-food.

[Added 10-6-2000 by L.L. No. 15-2000]

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

No lighting shall be placed on the roof, nor shall any roof be lit directly or indirectly by externally mounted lights.

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.

Service deliveries and any loading or unloading operation shall only occur between 6:00 a.m. and 6:00 p.m.

Garbage pickup shall not be provided prior to 7:00 a.m. on weekdays and 8:00 a.m. on weekends or holidays.

No outdoor speakers, nor any outdoor music or public address system, shall be provided.

No fast-food restaurant shall be permitted on a flagpole lot.

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.

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.

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.

§ 330-131.2 Restaurants, drive-through.

[Added 10-6-2000 by L.L. No. 15-2000]

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).

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.

No two or more drive-through restaurants shall be permitted on the same site or same lot.

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.

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.

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.

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.

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.

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.

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.

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]

§ 330-132 Filling station.

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.

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.

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.

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.

All pumps and lubricating and other devices shall be located at least 50 feet from any building, structure or street line.

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.

All motor vehicle parts, dismantled vehicles and similar articles shall be stored within the principal building.

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.

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.

§ 330-133 Fuel storage in tanks.

Any such installation of flammable liquids or gas shall be in conformance with the applicable recommendations of the National Board of Fire Underwriters.

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.

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.

§ 330-134 Drive-through or drive-in banks. [1]

[Added 2-25-2003 by L.L. No. 13-2003; amended 4-27-2004 by L.L. No. 17-2004]

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).

Drive-through or drive-in banks shall adhere to the dimensional regulations for the Highway Business District as set forth in § 330-34, Business Districts Table of Dimensional Regulations, except that more stringent standards as set forth below shall apply.

(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.

No more than three drive-through or drive-in stacking lanes shall be permitted per banking establishment.

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.

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.

Three stacking spaces shall be provided per drive-through or drive-in facility, plus an additional five stacking spaces overall.

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.

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.

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.

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.

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.

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.

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.

All drive-through or drive-in facilities shall have adequate directional signage and striping to ensure safe and efficient operation of the facility.

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.

[1]

Editor's Note: Former § 330-134, Hospital, including auxiliary services and functions, was repealed 12-22-1992 by L.L. No. 54-1992.

§ 330-135 Housing for agricultural labor.

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.

Dwellings and group quarters shall be located on the site of a farm which employs agricultural laborers.

The placement of dwellings and group quarters shall have access to a paved street or driveway.

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.

§ 330-136 Laundry plant and dry-cleaning plant.

All processes and storage shall be carried on within an enclosed building.

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.

§ 330-137 Marina for private profit.

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.

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.

There shall be provisions made for the collection and disposal of boat-generated solid wastes.

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.

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.

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.

§ 330-137.1 Reconstruction or expansion of preexisting marinas and boatyards in Residential Districts.

[Added 6-26-2018 by L.L. No. 13-2018]

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.

The special exception standards of § 330-137, Marina for private profit, shall apply.

The special exception Standards of § 330-126, Boatyard, shall apply.

Proposed structures shall be arranged to minimize obstruction of the existing viewshed as can be seen from the public right-of-way.

The site plan must demonstrate an interior circulation plan accommodating all modes of vehicle transportation, including pedestrians and bicycles.

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.

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]

§ 330-138 Buildings greater than 15,000 feet in Office District. [1]

[Added 2-11-2003 by L.L. No. 9-2003.[2]]

Buildings greater than 15,000 square feet in the Office District (OD) shall comply with these additional criteria, as follows:

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.

There is significant public benefit to be derived from the proposed facility or building; and

The applicant demonstrates a need for a building or building complex larger than 15,000 square feet; and

The size of the subject parcel can accommodate the proposed building or building complex; and

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.

[1]

Editor's Note: Former § 330-138, Medical arts building, was repealed 2-8-2000 by L.L. No. 1-2000.

[2]

Editor's Note: This local law also provided that it would not apply to any site plan approval granted by the Planning Board before this local law's effective date, provided that the site plan was signed by the owner pursuant to § 330-184K and a building permit was obtained within one year of the effective date of this local law.

§ 330-139 Buildings greater than 15,000 square feet in Shopping Center Business Zone. [1]

[Added 2-11-2003 by L.L. No. 10-2003[2]]

Buildings greater than 15,000 square feet in the Shopping Center Business Zone shall comply with these additional criteria as follows:

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)

(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)

There is significant public benefit to be derived from the proposed facility or building; and

The applicant demonstrates a need for a building or building complex larger than 15,000 square feet; and

The size of the subject parcel can accommodate the proposed building or building complex; and

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

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.

[1]

Editor's Note: Former § 330-139, Membership or country club or golf course, nonprofit, was repealed 12-22-1992 by L.L. No. 54-1992.

[2]

§ 330-140 Motel, resort.

There shall be no less than 11,000 square feet of lot area for each guest unit.

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.

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.

There shall be no outdoor public-address or music system audible beyond the limits of the property.

§ 330-141 Motel and hotel, transient.

There shall be no less than 11,000 square feet of lot area for each guest unit.

There shall be no outdoor public-address or music system audible beyond the limits of the property.

§ 330-142 Nightclub or similar entertainment establishment.

[Amended 10-6-2000 by L.L. No. 15-2000; 4-13-2004 by L.L. No. 15-2004]

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.

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.

All entertainment activities shall be conducted within a fully enclosed building.

§ 330-143 Dry cleaning - neighborhood service facility. [1]

[Added 9-11-2007 by L.L. No. 46-2007]

The following apply to dry cleaning - neighborhood service facilities:

Maximum of one dry-cleaning machine per establishment, having a maximum capacity of 65 pounds per load.

The dry-cleaning machine shall be of a “closed system” design where the cleaning, extracting, drying, and deodorizing are all conducted within a self-contained machine.

The facility shall be classified as Type III pursuant to § F1203.2 of the NYS Fire Prevention and Building Code.

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.

[1]

Editor's Note: Former § 330-143, Nursery School, was repealed 9-14-1993 by L.L. No. 30-1993.

§ 330-144 Nursing home or proprietary rest home.

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.

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.

Prior to approval, consideration shall be given to all applicable regulations governing such occupancies, including the recommendations of the local Fire Chief having jurisdiction.

§ 330-144.1 Hospice residence home.

[Added 5-26-2009 by L.L. No. 22-2009]

The lot area shall not be less than 60,000 square feet.

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

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.

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.

No parking shall be permitted in the required front yard setback, and parking shall be adequately screened from the adjacent roadway and properties.

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.

Prior to approval, consideration shall be given to all applicable regulations governing such occupancies, including the recommendations of the local Fire Chief having jurisdiction.

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.

§ 330-144.2 Assisted-living facility.

[Added 1-23-2018 by L.L. No. 4-2018]

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.

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.

The minimum site area shall be three acres.

The minimum street frontage width shall be 150 feet or commensurate with the requirement of the applicable zoning district, whichever is greater.

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.

The maximum number of assisted-living-unit beds shall be 25 beds per acre of property area.

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.

The minimum area for any individual assisted-living unit shall be 400 square feet.

The maximum gross floor area of the principal building shall not exceed a ratio of 900 square feet per assisted-living unit.

The maximum height of the principal building shall be 35 feet measured to the eave of the roof.

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.

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.

At least one truck loading / unloading space shall be provided in a location least impactful to any neighboring residential property.

Parking areas shall be provided pursuant to § 330-95 and shall be adequately screened from adjacent roadways and properties.

Transitional yards shall be provided pursuant to § 330-83.

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.

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.

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.

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.

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.

No assisted-living facility shall be located on a separate parcel of land, within 1/4 mile of another such facility.

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:

(a)

Grocery Store *.

(b)

Bank *.

(c)

Non-emergency hospital visits *.

(d)

Doctor and dentist offices *.

Pharmacy *.

Retail shopping *.

Post office *.

Religious institutions *.

(i)

Library *.

(j)

Park *.

(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.

(p)

Barber / beauty shop.

(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.

§ 330-145 Paving and construction material manufacturing.

The lot area shall be not less than five acres.

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.

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.

§ 330-146 Philanthropic, fraternal, social or educational institutional office or meeting room, nonprofit.

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.

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.

Such uses shall not include any intensive outdoor activity other than off-street parking and similar service uses.

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.

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.

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.

There shall be no outdoor public-address or music system.

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.

§ 330-147 Public library and museum.

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.

§ 330-148 Tavern or bar.

[Amended 4-13-2004 by L.L. No. 16-2004]

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.

Any live entertainment in a tavern or bar must comply with Chapter 235 of the Southampton Town Code.

§ 330-149 Truck terminal and truck transfer station.

The lot shall have frontage on a collector street or secondary highway.

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.

All fuel pumps and lubricating and other devices shall be located at least 25 feet from any building, structure or property line.

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.

All dismantled automobiles, trucks, tractors, trailers and similar equipment and parts and accessories thereof shall be stored within a building.

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.

§ 330-150 Veterinarian, veterinary hospital or kennel.

Adjacent properties shall be adequately protected from noise, odors and unsightly appearance.

All buildings, structures and accessory use areas, except off-street parking, shall be at least 50 feet from any property line.

Cadavers and contaminated materials shall be disposed of in accordance with the applicable Town, county or state regulations.

§ 330-151 Shooting.

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.

§ 330-152 Commercial fishing facility.

A commercial fishing facility may include a combination of wholesale and retail sale of finfish and/or shellfish.

The lot shall have frontage on navigable tidal waters with a depth sufficient to permit commercial fishing boat docking and unloading facilities.

No fish factory operation or similar heavy processing shall be permitted.

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.

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.

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.

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.

§ 330-153 Expansion of existing nonconforming cemetery.

Such expansion shall utilize contiguous property only or property contiguous to a road or right-of-way which separates the two properties.

Such additional land that is acquired shall remain in the same title as the existing cemetery.

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.

§ 330-154 Housing for restaurant employees.

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.

All such dwelling and group quarters (as accessory uses) shall be no less than 50 feet from any side or rear lot line.

There shall be no kitchen or cooking facilities within the dwelling and group quarters.

The dwelling and group quarters shall only be occupied by full-time (40 hours per week) employees of the restaurant.

No more than two employees shall reside in any one room to be constructed pursuant to this section.

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.

Notwithstanding the other provisions hereof, no more than eight rooms may be constructed pursuant to this section.

§ 330-155 Conversion to residential condominium or residential cooperative.

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.

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.