East Hampton City Zoning Code
ARTICLE V
Special Permit Uses
§ 255-5-10 Purpose.
The provisions of this article are designed to provide for administrative review of selected types of proposed land uses. Certain uses which are allowable under zoning are nevertheless so likely to significantly affect their surroundings that they require individual review to assure compatibility with existing land use patterns, community character and the natural environment before being permitted to come into existence. Similarly, certain authorized uses may take on such diverse forms in their actual implementation that it is wise to review and pass upon the adherence of each individual proposal to standards and guidelines previously established for the use involved. Finally, the case-by-case review achieved by use of the special permit mechanism can increase the flexibility and appropriateness of local development review and better enable local officials to avoid negative consequences which sometimes arise from the otherwise lawful development or use of a particular site.
§ 255-5-20 Special permit uses.
[Amended 12-18-1997 by L.L. No. 38-1997; 2-10-1998 by L.L. No. 6-1998]
There is hereby created a category of land uses to be known as "special permit uses." Said uses may not be commenced, created, undertaken, carried out or thereafter maintained or substantially expanded without a special permit first having been obtained therefor, which special permit shall have been granted for the use by the board responsible for its administration, according to the provisions for the particular special permit set forth in this article. Any land use, including the erection, construction, reconstruction, alteration, demolition, moving, conversion or change of use of any structure, shall be a special permit use requiring a special permit if the text of this chapter or the Use Table, § 255-11-10 hereof, denotes the use or activity as being either the subject of a special permit or simply a special permit use. No building permit for any such special permit use shall be issued until the required special permit shall have been granted for the same, and the conditions imposed in such permit as prerequisites to a building permit, if there are any, have been met.
§ 255-5-25 Status of existing special permit uses.
[Amended 8-16-1985 by L.L. No. 8-1985]
Special permit uses which either lawfully exist on the effective date of this article or which subsequently come into being pursuant to the provisions hereof shall, in all respects, constitute lawful and conforming uses under this chapter. With the exception of the requirement in § 255-5-26 hereof, no such use shall again require the issuance of a special permit in order to be maintained, operated, continued, enlarged or altered, and building permits may be issued therefor, subject only to provisions of this chapter applicable to any such use in any such district. The preceding sentence shall not, however, be construed to apply to natural resources special permits required pursuant to Article IV of this chapter.
§ 255-5-26 Substantial expansion of existing special permit uses.
[Amended 12-18-1997 by L.L. No. 40-1997]
Notwithstanding any language to the contrary in the preceding section, an existing special permit use as described therein shall require a special permit in any case where a substantial expansion of such use is undertaken. In such case, the local agency having jurisdiction over the special permit needed for the expansion shall review and decide upon the application for such permit pursuant to the same substantive and procedural standards as are provided for herein for an original special permit. Any special permit issued to authorize a substantial expansion of an existing special permit use shall be conditioned upon conformance by the use to any standards (other than standards concerning initial site location) of §§ 255-5-40, 255-4-45 and 255-5-50 of this article with which it does not then comply.
§ 255-5-31 Applications.
[Amended 6-20-2019 by L.L. No. 28-2019]
An application for a special permit shall be on the form for same provided by the Building Inspector and shall be submitted in triplicate, together with the appropriate fee, to the Building Inspector, who shall review the application for completeness and conformity with this chapter. The Building Inspector shall reject the application if it is not complete or not in conformance and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant, the Building Inspector and the board to which the application is forwarded shall then follow the procedures in Article IX hereof regarding the processing of applications by boards. Any application for a special permit may be accompanied by one or more applications for other local agency permissions or approvals which this chapter requires for the activity or use for which the special permit is being sought. The property owner or his or her agent shall provide, and the reviewing department confirm, the existence of any applicable scenic, conservation and agricultural easement, or purchase of development rights agreements as to which the Town of East Hampton, a conservation organization or a homeowners' association is a grantee or party, in, upon or adjacent to the premises, protecting any designated natural feature, or burdening or benefiting the subject property.
§ 255-5-32 Effect of permit.
A special permit issued in accordance with the provisions of this chapter shall authorize only the special permit use for which the permit is granted. No use which is not a special permit use hereunder shall be authorized by any such permit. The permit may include any number of reasonable conditions which the issuing local agency determines to be necessary or appropriate to ensure that the applicable general and specific standards and safeguards set forth in this article for the use can and will be met and/or adhered to. Unless a different period is specified herein, a special permit shall be valid for a period of six months, but may be extended for one additional six-month period by the issuing agency without the requirement of new public notice or hearing. A continuing or permanent land use authorized by a special permit which use is undertaken or begun during the period of validity of such permit shall thereafter be deemed a lawful use, as if the same were permitted by this chapter without need for a special permit; provided, however, that:
A.
All conditions imposed by the special permit, unless by their express terms of limited duration, shall continue to apply;
B.
All conditions imposed on special permit uses generally or specifically by this chapter shall continue to apply, regardless of whether any such conditions were expressly incorporated into the special permit issued; and
§ 255-5-35 Administration of special permits.
Except in cases where the responsibility for issuance of a particular special permit is given to another local agency by the explicit provisions of § 255-5-50 hereof, the Planning Board shall have exclusive jurisdiction over all special permits created in this chapter and shall have the sole and complete responsibility for the issuance of same in conformity with all applicable regulations herein.[1]
[1]
Editor's Note: Former § 255-5-36, Prior review of special permit applications, added 12-18-1997 by L.L. No. 38-1997, was repealed 2-10-1998 by L.L. No. 6-1998.
§ 255-5-38 Pilot program: transfer of indoor dining use to outdoor space special permit.
[Added 4-1-2021 by L.L. No. 9-2021]
A.
Intent. The Town Board desires to determine whether there is a means to create flexibility in the manner that restaurants operate at different times of the year, under various weather conditions, and/or in reaction to emergency circumstances such as brought on by the COVID-19 pandemic. This pilot program is not intended to replace or circumvent the Planning Board or site plan requirements in general, but only to allow for adjustments in the placement of dining use on the approved property. The Town Board is considering this program be implemented as a special permit process so that compliance with the conditions thereof can be more easily enforced and the potential negative impact on the neighborhood, and Town as a whole, can be minimized.
B.
Authorization for outdoor dining. The utilization of outdoor space, for a previously approved indoor dining use, may only be permitted if authorized:
C.
Limitation of use to dining. Only restaurant dining use, limited to the service of food and beverages to seated patrons, may be transferred to outdoor spaces pursuant to this section.
(1)
No outdoor food preparation is permitted in the outdoor space.
(2)
No bar use is permitted in the outdoor space.
(3)
No new use may be introduced into the previously utilized indoor space without site plan approval, although vacated space may be used to facilitate take-out food service so long as no service of alcohol is provided to those waiting on food orders.
(4)
No approved features or conditions of an approved site plan may be removed or altered to create new outdoor space. Only additions that are not in conflict with the approved site plan, and that are necessary to effectuate the utilization of outdoor space in compliance with the conditions of this section (screening, delineation for the service of alcoholic beverages, but not tents), may be made without additional site plan approval, and all necessary building permits must be obtained.
D.
Occupancy that may be transferred.
(1)
The transfer of restaurant dining use from indoors to an outdoor space pursuant to this section may be seasonal or weather related, so long as approvable seating plans are submitted for each possible circumstance.
(2)
The combined occupancy of patrons, indoor and outdoor, may not exceed 100% of the approved indoor seating (number of seats) capacity without additional site plan approval. Approved indoor seating capacity is determined by site plan or, if no site plan exists, the seating capacity, for indoor dining, and not bar use, as determined by the Fire Marshal.
(3)
In the following zoning districts the maximum percentage of capacity that may be transferred from indoors to outdoors is 100%: Central Business, Waterfront, Recreational Overlay, Resort, Commercial Industrial and Commercial Service. In all other zoning districts the maximum percentage of capacity that may be transferred from indoor to outdoors is 75% (Neighborhood Business, Residential and Limited Business Overlay).
(4)
Notwithstanding the above, for restaurants that are preexisting nonconforming in a residential district, the occupancy of dining transferred to an outside location cannot be such to violate the provisions of either § 255-1-40, Nonconforming uses, or § 255-1-42, Nonconforming buildings and structures.
E.
Location of outdoor dining space. Approvable seating plan(s) must be submitted with the application.
(1)
The outdoor dining space must be on the same property that has the approved restaurant indoor dining use.
(2)
Such outdoor space shall be set back from any side or rear yard property line, when the adjoining property is a residence, a distance which is twice that required by the provisions of § 255-11-10 for an accessory building or structure on the subject lot, and such outdoor space must be located more than 100 feet from a structure used for residential purposes (including, but not limited to, the house, pool, decking, and patio).
(3)
Such space must be configured such that the noise and other effects generated will be reasonably screened from adjacent properties and compatible with existing and potential uses thereon. Where such an adjacent property is a residential property or any property with an occupied residence, complete screening of the activity and its effects shall be deemed necessary to meet this requirement.
(4)
If the outdoor space is to be used for the service of alcoholic beverages, it must be delineated from all other outdoor space such that the consumption of such beverages is limited to within that space, and the occupancy limitation of such space shall be the same as indoor dining (at a ratio of 15 square feet per person), and the occupancy limit shall be clearly posted. No point of sale or service bar may be placed in the outdoor space without site plan approval.
F.
Hours of outdoor use.
(1)
Utilization of the outdoor space for dining is limited to the hours of 8:00 a.m. to 11:00 p.m. when located in Central Business, Waterfront, Recreational Overlay, Resort, Commercial Industrial and Commercial Service districts, and limited to the hours of 8:00 a.m. to 10:00 p.m. in all other districts.
G.
Lighting. An approvable lighting plan must be submitted with the application. The use of outdoor lighting pursuant to this section is limited to lighting consistent with the general lighting standards in § 255-1-83A through D of the Town Code, with exceptions available only when expressly authorized by a special event permit issued pursuant to Chapter 155 of the Town Code. Lighting used in the outdoor dining space:
(1)
Must be designed, installed, and maintained to minimize glare;
(2)
Must be fully shielded;
(3)
Installed such that no light source may be visible beyond the boundary of the property on which the light source is located, including from a body of water or roadway; and
(4)
May not include uplighting; searchlights; strobe lights, laser lights or revolving lighting; neon lights; blinking, pulsating, tracing or flashing lights; utility-pole-mounted lights; string lighting or lighting used to outline a building, structure or window; or a light source with a color temperature greater than 3,000 Kelvin (K).
H.
Heating. The use of outdoor heating devices must be fully compliant with the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations, Title 19, Section 1219.1, must be approved by the Fire Marshal, and the placement thereof must be included on all submitted seating plans that may include heating device use.
I.
Tents. The use of tents for the facilitation of the outdoor space for dining must be "temporary tents," tents which are to be erected for less than a two-week period, approved by the Fire Marshal pursuant to § 141-9 of the Town Code, and authorized in association with a special event permit issued pursuant to Chapter 151 of the Town Code.[4] Tents to be erected for more than a two-week period require a building permit issued by the Building Inspector and Site Plan approval. Umbrellas placed over tables in the outdoor space do not need to be separately permitted, but must be indicated on the submitted seating plans.
J.
Application process. The Building Inspector shall be responsible for the issuance of a transfer of dining use special permit. The Building Inspector shall consult the Fire Marshal for confirmation that the applicant's proposed outdoor seating area use is consistent with health and safety concerns addressed in the Town Code as well as the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations, Title 19, Section 1219.1. The Building Inspector may consult the Planning Department for confirmation that the applicant's lighting plan is consistent with the provisions in the Town Code. A special permit for a transfer of indoor use to outdoor space special permit shall only be issued by the Building Inspector upon the following findings:
(1)
The proposed outdoor space for the site is clearly depicted on a survey or similar rendering such that the space is clearly identified on the property;
(2)
The proposed outdoor space is compliant with the provisions of this section;
(3)
There is adequate parking, existing and/or proposed, available for the outdoor dining use;
(4)
All submitted seating plans are consistent with approved occupancy limits, indicate required egress, and are clearly marked as to under what circumstances each plan will be utilized; and
(5)
Any building permits necessary to effectuate the use of the proposed outdoor space must be submitted.
K.
Revocation and suspension.
(1)
A special permit issued under this section may be revoked by the Building Inspector upon conviction for a Town Code violation based upon allegations of noncompliance with the conditions upon which the special permit was issued. No revocation will be the result of a noise violation conviction unless such conviction also resulted in the denial of a music entertainment permit.
(2)
The use of the outdoor space pursuant to this special permit may be suspended if the Building Inspector, Fire Marshal or Code Compliance Emergency Preparedness Coordinator has reasonable grounds to believe that the use of such outdoor space is not in compliance with the conditions upon which the special permit was issued and such noncompliance is creating an unsafe and dangerous situation. Such suspension shall be upon written notice as to the unsafe and dangerous situation, as well as conditions under which use may be resumed, being provided to the applicant's agent supervising the use of the restaurant. The suspension may be lifted upon the Building Inspector, Fire Marshal or Town Public Safety Director's satisfaction that the stated remedial conditions have been met and that dangerous noncompliance is not likely to reoccur. Any suspension of a special permit lasting for more than 24 hours must be accompanied by the issuance of an appearance ticket specifying the relevant violation of Town Code, or the suspension is automatically lifted. An appearance ticket may, but need not, be issued for a dangerous noncompliance that is immediately remedied.
L.
M.
Duration of pilot program. This pilot program shall expire unless extended or incorporated as a permanent special permit, on December 2021. Any special permits issued pursuant to this pilot program shall expire on December 2021 and shall not constitute "existing special permits" under § 255-5-25, and approval for continued use must be obtained pursuant to different sections of the Town Code.
§ 255-5-40 General standards.
No special permit shall be granted unless the issuing board shall specifically find and determine that:
A.
Nature of use. The use proposed will be in harmony with and promote the general purposes of this chapter as the same are set forth in § 255-1-11 hereof.
B.
Lot area. The lot area is sufficient, appropriate and adequate for the use, as well as reasonably anticipated operation and expansion thereof.
C.
Adjacent properties. The proposed use will not prevent the orderly and reasonable use of adjacent properties, particularly where they are in a different district.
D.
Compatibility. The site of the proposed use is a suitable one for the location of such a use in the Town, and, if sited at that location, the proposed use will in fact be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance.
E.
Effect on specific existing uses. 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.
Use definition. The proposed use conforms to the Town Code definition of the special permit use where such definition exists or with the generally accepted definition of such use where no definition is included in the Code.
G.
Circulation. Access facilities are adequate for the estimated traffic generated by the proposed use on 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 within 75 feet of the intersection of street lines at a street intersection, except under unusual circumstances.
H.
Parking. There is room for creation of off-street parking and truck loading spaces at least in the number required by the applicable provisions of this chapter, but in any case adequate for the actual anticipated number of occupants of the proposed use, whether employees, patrons and visitors; and, further, that the layout of the spaces and related facilities can be made convenient and conducive to safe operation.
I.
Buffering and screening. Adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use.
J.
Runoff and waste. Adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate.
K.
Environmental protection. The natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without significant negative impact to groundwater and surface waters on and off the site.
M.
Conformity with other standards. The proposed use can and will meet all of the general standards for special permit uses in particular districts set forth in § 255-5-45 and also meets all of the specific standards and incorporates all of the specific safeguards required of the particular use, if any, by § 255-5-50.
§ 255-5-45 General standards in particular districts.
No special permit shall be granted in the use districts included in this section unless the issuing board shall specifically find and determine that, in addition to meeting all of the general standards for special permit uses contained in § 255-5-40, the proposed special permit use can and will meet the general standards set forth in this section for special permit uses in the particular district in which the use is proposed to be located.
A.
Limited Business Overlay District:
(1)
Existing residential buildings and structures shall be used to house the special permit use or activity if at all feasible or where required by this chapter.
(2)
Whether an existing structure is to be used, with or without expansion, or a new structure is to be erected, all buildings and structures on the lot shall conform to a residential architectural style similar in character to the residential neighborhood in which the use is to be established. Along with the Planning Board, the Architectural Review Board shall ensure compliance with this provision as part of its review pursuant to Articles VI and VII hereof, in order to assure a continuing residential appearance for the site.
(3)
Lot coverage and total lot coverage, building height, setbacks, and other related dimensional requirements of the underlying residence district shall apply, except that lesser setbacks for principal buildings and structures for semi-public facilities and lesser setbacks for accessory buildings and structures may be approved by the Planning Board pursuant to site plan review where it is specifically determined by the Board that such lesser setbacks will not have a detrimental effect on neighboring properties, particularly properties presently being put to residential use, where such lesser setbacks will serve the interests of good planning, and where no other provision of this chapter (e.g., specific requirements for a special permit use) restricts the Board's power to approve such lesser setbacks. In no event shall a setback for a principal structure be reduced where the reduction will reduce the setback of a commercial structure from adjoining residential development.
[Amended 8-16-1985 by L.L. No. 8-1985; 7-2-1999 by L.L. No. 15-1999; 6-4-2004 by L.L. No. 14-2004]
(4)
All yard areas shall be planned so as to accommodate the planting and maintenance of lawns, shrubs, trees and the retention of existing significant vegetation in order to help screen the use and the parking areas therefor from adjacent properties and the street.
(5)
Required parking needs shall be provided for in an off-street location and made unobtrusive as possible.
B.
Park and Conservation District:
(1)
All buildings and structures in the Park and Conservation (PC) District shall be those customarily related to the use proposed, such as clubhouses, tennis courts, pools, rest rooms, administration and maintenance buildings and the like, shall be of the minimum practical size, and shall require site plan review and architectural and design review.
[Amended 10-4-2002 by L.L. No. 32-2002]
(2)
Where the use is a semipublic facility, such as a museum or interpretive center (which may contain accessory uses such as a gift shop), the use shall be allowed only if it relates directly to the historic or natural character of the land on which it is situated and serves to educate the public about the same.
[Amended 10-4-2002 by L.L. No. 32-2002]
(3)
Where the use is a municipal facility, such as a fire station, or is a public utility as defined herein, the use should be allowed only if the public safety or convenience will be served, placement of the use in the Park and Conservation District is the only feasible location for the use and there is no legal restriction on the land prohibiting such use.
C.
Resort District. All business-type special permit uses in the Resort District (RS), except for resorts and transient motels, shall be supportive of and compatible with the principal resort-type uses of the district and, as such, when proposed on a lot containing a resort or transient motel, must not prevent compliance with the maximum coverage and maximum total coverage permitted in the district for both itself and the principal use on the lot.
[Amended 8-16-1985 by L.L. No. 8-1985]
D.
Waterfront District. All special permit uses in the Waterfront District (WF), other than ferry terminals, are deemed not to be water-related uses, and therefore every such use:
(1)
Must not adversely affect any existing waterfront use which is so water-related or any potential water-related uses to be made of the lot or of nearby waterfront which are indicated in the Town Comprehensive Plan;
(2)
Must be ancillary to a principal water-related use in that the special permit use would economically support the principal water-related use and would enhance the ability of the general public to gain visual or physical access to the waterfront;
(3)
Must not usurp any land surface area needed by the principal water-related use and must, together with all uses on the lot, be able to demonstrate an integrated and adequate circulation and parking plan; and
(4)
Must have a maritime character or theme.
(5)
As a condition to the following special permit uses in the Waterfront District, the site shall be of sufficient size to accommodate the proposed use with safeguards set forth in § 255-5-50 below, but in no case shall the site be smaller than 40,000 square feet per two uses:
[Added 10-16-1987 by L.L. No. 16-1987]
§ 255-5-50 Specific standards and safeguards.
[Amended 8-16-1985 by L.L. No. 8-1985; 4-4-1986 by L.L. No. 2-1986; 10-3-1986 by L.L. No. 5-1986; 11-15-1996 by L.L. No. 19-1996; 4-3-1987 by L.L. No. 5-1987; 6-5-1987 by L.L. No. 8-1987; 10-16-1987 by L.L. No. 16-1987; 10-21-1988 by L.L. No. 9-1988; 5-5-1989 by L.L. No. 4-1989; 9-1-1989 by L.L. No. 10-1989; 11-3-1989 by L.L. No. 13-1989; 3-2-1990 by L.L. No. 2-1990; 4-16-1991 by L.L. No. 6-1991; 9-24-1991 by L.L. No. 20-1991; 12-18-1992 by L.L. No. 33-1992; 9-17-1993 by L.L. No. 27-1993; 9-17-1993 by L.L. No. 28-1993; 12-17-1993 by L.L. No. 34-1993; 12-2-1994 by L.L. No. 13-1994; 12-2-1994 by L.L. No. 15-1994; 10-6-1995 by L.L. No. 12-1995; 3-15-1996 by L.L. No. 2-1996; 4-19-1996 by L.L. No. 5-1996; 10-18-1996 by L.L. No. 17-1996; 11-15-1996 by L.L. No. 19-1996; 12-18-1997 by L.L. No. 38-1997; 12-18-1997 by L.L. No. 39-1997; 12-18-1997 by L.L. No. 40-1997; 2-10-1998 by L.L. No. 6-1998; 7-2-1999 by L.L. No. 15-1999; 10-19-1999 by L.L. No. 27-1999; 7-7-2000 by L.L. No. 14-2000; 5-3-2002 by L.L. No. 9-2002; 9-15-2022 by L.L. No. 24-2022; 10-4-2002 by L.L. No. 32-2002; 11-1-2002 by L.L. No. 34-2002; 6-4-2004 by L.L. No. 14-2004; 7-1-2005 by L.L. No. 20-2005; 8-18-2005 by L.L. No. 25-2005; 10-7-2005 by L.L. No. 31-2005; 12-15-2006 by L.L. No. 33-2006; 4-13-2007 by L.L. No. 14-2007; 11-2-2007 by L.L. No. 34-2007; 12-18-2009 by L.L. No. 28-2009; 7-1-2010 by L.L. No. 6-2010; 8-16-2012 by L.L. No. 12-2012; 9-18-2014 by L.L. No. 32-2014; 10-2-2014 by L.L. No. 33-2014; 5-21-2015 by L.L. No. 11-2015; 7-2-2015 by L.L. No. 23-2015; 12-1-2016 by L.L. No. 49-2016; 11-20-2018 by L.L. No. 18-2018; 3-17-2022 by L.L. No. 6-2022; 7-18-2023 by L.L. No. 18-2023; 6-20-2024 by L.L. No. 16-2024; 8-20-2024 by L.L. No. 17-2024; 4-3-2025 by L.L. No. 8-2025]
No special permit shall be issued unless the issuing board shall specifically find and determine that, in addition to meeting all of the general standards for special permit uses contained in §§ 255-5-40 and 255-5-45 hereof, the particular proposed special permit use also can and will meet the specific standards and safeguards set forth in this section, if any. Where a specific requirement, restriction, regulation, standard or safeguard regarding the extent, nature, size, configuration or conduct (but not the location) of a particular use is set forth in this section as a requirement or standard which must be met for a special permit to issue, such requirement or standard shall also be deemed a supplemental use regulation applicable to all such existing special permit uses in the Town, wherever located and whenever and however lawfully established. Lawfully preexisting special permit uses which do not comply with any such regulation shall be deemed nonconforming as to the same, but nothing in this section shall require the discontinuance or modification of any such lawfully preexisting special permit use.
All dwelling units shall comply with standards set forth in § 255-11-63; and
Site plan approval (Article VI) and architectural review approval (Article VII) shall be obtained before issuance of any building permit or certificate of occupancy, and no special permit shall be issued until a public hearing, which hearing may be combined with the hearing required for site plan review, shall have been held.
Site considerations.
The entire proposed site for the development shall be located in an Affordable Housing Overlay District.
The minimum site size required shall be 125,000 square feet unless said affordable housing development is a municipally sponsored project.
Except for the requirements in parts (b) and (e) herein, if a multiple residence is involved in the development, all dimensional, area and coverage requirements of the Dimensional Table of § 255-11-10 for the Multiple-Family District (MF) shall be complied with.
The maximum number of dwelling units on a site shall be 60.
The maximum permitted densities shall be calculated at eight units per acre for apartments not reserved for seniors, with an increase of up to 12 units per acre pursuant to the provisions of Paragraph (f) hereof, 12 units per acre for apartments reserved for seniors, and four units per acre for single-family residences or unimproved lots. For the purposes of assuring compliance with this subsection, the Planning Board shall compute the area of the site using the same criteria which it employs to establish permissible densities on ordinary subdivisions which it processes. Where a mix of apartments, senior apartments and/or single-family residences are proposed, the maximum permitted density of individual housing units may not exceed twice that which would otherwise be permitted by the project density loading rates established by the Suffolk County Department of Health Services.
Increased density for non-senior apartments. Where the Planning Board finds that the general and specific special permit standards along with all other applicable provisions of this chapter can be met a maximum of up to 12 units per acres may be permitted for apartments not reserved for seniors. In determining whether or not to permit a density of housing units greater than eight units per acre for an affordable housing development with units not reserved for seniors, the Planning Board shall consider the following:
Special permit required for expansion of existing facilities. In addition to the provisions of § 255-5-26 of this chapter regarding substantial expansions, a new special permit shall be required for any existing affordable housing development with units not reserved for seniors which applies for site plan approval to increase the number of housing units which would result in a density greater than eight units per acre;
Sewage treatment required. Sewage treatment shall be provided for the entire development where the total number of units in the development is permitted to exceed eight per acre. This requirement shall be met regardless of exemptions or other relief that may be granted by the Suffolk County Department of Health Services.
Traffic study required. Impacts on adjacent roadways. The Planning Board shall not permit a density of greater than eight units per acre in a development without requiring the submission of a traffic study which considers the impact of the development on adjacent roadways, including an analysis of changes to the level of service of adjacent roadways/intersections.
Economic analysis required. The Planning Board shall require an economic analysis identifying any effect the development will have on the school district in which the subject property is located.
The site shall be of such shape, dimension, topography and location as will allow for appropriate and attractive development with proper setbacks, screening and a harmonious relationship with adjoining land uses and the natural physical terrain.
Housing types.
Housing opportunities in the form of apartments, single-family residences or unimproved lots may be provided, but discretion as to the type and amount of dwelling units or lots shall rest with the Planning Board, which shall in all cases consider community housing needs in the area, together with the character of the neighborhood in which the site is located, the environmental suitability of the site and the proposed design of the development in making its determination. Where multiple residences containing apartments are proposed, all applicable requirements and conditions of the subsection below entitled "multiple residence" shall be complied with.
All dwelling units or lots created shall be for the use of and available to moderate-income families.
Services.
The development shall be served by public water or an approved community water supply. The Planning Board may, but need not, waive this requirement only as to unimproved lots which, because of their location and size, are able to obtain Suffolk County Department of Health Services approval for use of individual wells thereon.
The method of sewage disposal shall be approved by the Suffolk County Department of Health Services and shall also be deemed adequate and appropriate by the Planning Board.
Stormwater drainage systems shall be designed so that the rate of runoff from the site during a 100-year storm will not exceed that which would have occurred prior to its development. The calculation of such runoff rate and the design of the drainage system shall be subject to approval of the Town Engineer.
Proper access for fire-fighting equipment and personnel shall be provided. Hydrants in such locations and numbers and with such pressures as the Planning Board determines to be adequate and necessary, based on recommendations of the Town Engineer, the Town Fire Prevention Inspector and the Fire Department having jurisdiction, shall be installed.
All utilities, including electric, telephone and cable television, shall be installed underground. In the case of apartments in one or more multiple residences, television service shall be provided either by cable or master antenna system(s) as approved by the Planning Board. Exterior antennas for individual dwelling units shall not be permitted.
Design.
Each apartment created shall have its own separate entrance/exit leading directly to the outside. The Planning Board may waive this requirement, but only where it has determined, based upon recommendation of the Town Fire Prevention Inspector, that the intent of this requirement to provide for occupant safety while at the same time avoiding creation of common hallway areas has been achieved through an alternative building design.
Each apartment created shall be provided with a private outdoor space in the form of a patio, terrace, garden, courtyard, deck or balcony, which space shall immediately adjoin and be directly accessible to the dwelling unit it serves.
There shall be at least one recreation area on the site, improved and maintained for the exclusive use of the residents of the development and their nonpaying guests. It shall contain at least 75 square feet of lot area per dwelling unit, and in no case less than 50 square feet per bedroom. The plan for the recreation area shall be approved by the Planning Board as to location, design and adequacy, taking into account the size of the development and the nature of the anticipated occupancy thereof.
All portions of the site not required to be devoted to one or more of the uses described above shall be designed and maintained as open space, either to be landscaped or preserved in its natural state, all in accordance with plans approved by the Planning Board.
Each apartment shall be no less than 400 square feet for efficiencies nor more than 1,200 square feet for three-bedroom units, with an average unit size not to exceed 1,000 square feet, and each shall be provided with appropriate sanitary, kitchen and service facilities.
Legal.
An affordable housing development may be owned by one or more individuals or corporations, but shall be presented as a single site and single development proposal at the time application for a special permit is made. Such joint or combined ownership shall be confirmed in a written agreement, in recordable form, acceptable to the Town Attorney and approved by the Planning Board.
The Planning Board shall require that the applicant and/or owner 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, the Board may determine to be necessary to ensure that:
The particular housing types and uses approved are in fact created and maintained;
The prices of lots, residences or apartments sold or resold, or the rentals charged for the same, fall within previously agreed-upon minimum and maximum guidelines, and that leases provide for year-round rentals;
The units created, and the site itself, are properly constructed, maintained and used, and unapproved uses are excluded;
The persons or class of persons for whom the development was designed and approved do in fact continue to occupy the housing created on the site and benefit from the existence of the development for the lifetime thereof;
The requirements of any other local, state or federal agency involved in the financing of the development or otherwise directly involved in sponsoring the same are adhered to;
The health, safety and welfare of occupants of the approved development and of adjacent property owners and other Town residents are adequately protected;
Any other condition deemed reasonable and necessary to ensure the immediate and long-term safety or success of the development is met.
The parcel shall have a minimum lot area of five acres, inclusive of any lot area requirement for a single-family residence on the property.
The Planning Board shall in any case determine that sufficient lot area exists for the use, considering the number and type of animals proposed to be accommodated, so that pasturage areas will not be denuded of vegetation and so that visual blight, blowing dust, soil erosion and similar problems will be avoided. In making this determination, the Planning Board may take into account industry standards and practices for the particular type of animal husbandry regarding a desirable lot area per animal.
All parking areas, animal shelters, stables and permanent or temporary manure storage areas shall be set back from lot boundaries such that no undue disturbance or nuisance is caused to neighboring property owners from noise, dust or odors. Such parking areas, shelters, stables and manure storage areas shall, in any case, meet at least double the required minimum setback from any property line required of a principal building in the zoning district in which the structures are located.
The perimeter of any pasture, open enclosure or exercise area shall be set back at least 10 feet from the boundary of any adjoining property except a street or a parcel whose use is restricted in perpetuity to agriculture.
The Planning Board shall determine that animal wastes can and will be disposed of in a manner which ensures that no sanitary problem or nuisance is created which affects neighboring properties.
The use shall comply with all requirements of Chapter 185 and this chapter regarding noise.
A special permit issued under this subsection shall authorize only the particular type of animal husbandry use applied for (e.g., horse farm, dairy farm). Any change in the type or nature of animal husbandry use authorized shall require issuance of a new special permit.
All dwelling units created shall be for the use of and available to moderate-income families, who are certified as such on an annual basis by the Office of Housing and Community Development, or other certifying agency as determined by the Town of East Hampton. Owner shall submit a copy of the lease and supporting documentation to the Office of Housing and Development on an annual basis and prior to renting the apartment to a new occupant. The Office of Housing and Community Development shall collect an application fee for each annual renewal and for each new occupant, as set from time to time by the Town Board, and shall certify that the proposed tenant(s), any other occupant(s), and the rental agreement meet the income and rental eligibility requirements set forth in this chapter.
The explicit written approval of the Town Fire Marshal shall be obtained for the design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted within any establishment or type of establishment that the Fire Marshal determines to pose a greater-than-average built-in fire risk. Commercial buildings with one or more apartments shall be equipped with an automatic fire sprinkler system and the commercial occupancy shall be equipped with an automatic fire detection system that is connected to an annunciating device within the apartment.
The habitable floor area of the apartment shall be at least 450 square feet, but in no case more than 1,200 square feet. The apartment shall contain all services for safe and convenient habitation meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code.
There shall be no more than four apartments created or maintained in any single building. Notwithstanding the foregoing, for parcels situated within the Commercial Service or the Commercial Industrial Zoning Districts that adjoin residentially zoned property, there shall be no more than two apartments per acre and a maximum of four apartments created or maintained in any single building. In calculating the number of acres for purposes of this subsection, the Planning Board may consider the sum total acreage of adjoining single and separate parcels held in the same beneficial ownership. The Planning Board may then approve up to four apartments on any one parcel provided that the sum total of the number of apartments on the adjoining parcels does not exceed two apartments per acre. The Planning Board shall require the applicant to file appropriate legal instruments, subject to approval by the Town Attorney, to ensure that this overall limitation is not exceeded in the future.
Each apartment or common hallway servicing two or more apartments shall have a separate and distinct appropriately fire-rated access to the outside of the building, from the other nonresidential access.
Each apartment shall have at least one on-site parking space meeting the standards of this chapter, conveniently located for access to the apartment. The Planning Board may waive this requirement if it determines that there is sufficient parking on site or sufficient nearby on-street parking.
Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Planning Board shall require that such applicant 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, the Board shall determine to be necessary to ensure that:
The apartment is the domicile of all tenants therein and the tenant(s) or any other occupant(s) of the apartment do not own a residence;
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 building in which the apartment is located;
The rental charged for the apartment remains within previously agreed-upon minimum and maximum guidelines, and the apartment is made available for year-round rental but may also be available for seasonal rental;
The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom;
The persons or class of persons for whom the apartment was designed and approved do in fact continue to occupy the apartment and benefit from the existence of the apartment for the lifetime thereof;
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 complied with;
Each apartment shall have a maximum of two bedrooms with a maximum of two beds and two occupants per bedroom; and
Apartments shall be subject to inspection for compliance with the Town Code and the Building Code by the Fire Marshal, the Building Department, and the Office of Housing and Community Development and may also be subject to inspection upon reasonable notice by Code Enforcement as part of an investigation in response to a complaint.
Site plan approval (Article VI) and architectural review approval (Article VII) shall be obtained prior to issuance of any building permit or certificate of occupancy, and no special permit shall be issued until a public hearing, which hearing may be combined with the required site plan review hearing, has been held by the Planning Board.
The Planning Board shall consider the following as guidelines for design of apartments within commercial structures that are situated in either the Commercial Industrial or the Commercial Service Zoning Districts:
If there is sufficient outdoor space available and it is appropriate, consideration should be given to incorporating outdoor common areas or private outdoor space for the apartments.
Installation of washing machines and dryers in each apartment unit.
Residential building entrances should be located as far away from commercial entrances as practicable.
Residential parking should be located separately from commercially designated parking spaces when practicable.
Screening in the form of fencing and landscaping should be provided to separate the residential and commercial uses on site, and additional screening should be provided when the subject property borders residentially zoned property.
All dwelling units created shall be for the use of and available to moderate-income families, who are certified as such on an annual basis by the Office of Housing and Community Development, or other certifying agency as determined by the Town of East Hampton. Owner shall submit a copy of the lease and supporting documentation to the Office of Housing and Development on an annual basis and prior to renting the apartment to a new occupant. The Office of Housing and Community Development shall collect an application fee for each annual renewal and for each new occupant, as set from time to time by the Town Board, and shall certify that the proposed tenant(s), any other occupant(s), and the rental agreement meet the income and rental eligibility requirements set forth in this chapter.
The explicit written approval of the Town Fire Marshal shall be obtained for the design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted within any establishment or type of establishment that the Fire Marshal determines to pose a greater-than-average built-in fire risk.
The habitable floor area of the apartment shall be at least 450 square feet, but in no case more than 1,200 square feet. The apartment shall be located either on the first or second floor of the building, but shall not be located in a basement or cellar, or accessory structure, and the apartment shall contain all services for safe and convenient habitation, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code.
There shall be no more than two apartments created or maintained in any single building.
Each apartment shall have a separate and distinct appropriately fire-rated access to the outside of the building, from the other nonresidential access.
Each apartment shall have at least one on-site parking space meeting the standards of this chapter, conveniently located for access to the apartment. The Planning Board may waive this requirement if it determines that there is sufficient parking on site or sufficient nearby on-street parking.
Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Planning Board shall require that such applicant 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, the Board shall determine to be necessary to ensure that:
The apartment is the domicile of all tenants therein and the tenants or any other occupants of the apartment do not own a residence;
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 building in which the apartment is located;
The rental charged for the apartment remains within previously agreed-upon minimum and maximum guidelines, and the apartment is made available for year-round rental but may also be available for seasonal rental to employees of the business operating within the same commercial structure;
The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom;
The persons or class of persons for whom the apartment was designed and approved do in fact continue to occupy the apartment and benefit from the existence of the apartment for the lifetime thereof;
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 complied with;
Each apartment shall have a maximum of two bedrooms; and
Apartments shall be subject to inspection for compliance with the Town Code and the Building Code by the Fire Marshal, the Building Department, and the Office of Housing and Community Development and may also be subject to inspection upon reasonable notice by Code Enforcement as part of an investigation in response to a complaint.
Site plan approval (Article VI) and architectural review approval (Article VII) shall be obtained prior to issuance of any building permit or certificate of occupancy, and no special permit shall be issued until a public hearing, which hearing may be combined with the required site plan review hearing, has been held by the Planning Board.
The Planning Board shall consider the following as guidelines for design of apartments within commercial structures that are situated in the Limited Business Overlay Zoning District:
Impacts to the historic or residential nature of the structure and setting that would result from changes to the site necessary to create the apartment.
Residential building entrances should be located as far away from commercial entrances as practicable.
Residential parking should be located separately from commercially designated parking spaces when practicable.
Any outdoor areas planned for the site shall be clearly depicted on a site plan, delineated on the property and be located such that the noise and other effects generated will be reasonably screened from adjacent properties and compatible with existing and potential uses thereon. Where such an adjacent property is a residential property or any property with an occupied residence, complete screening of the activity and its effects shall be deemed necessary to meet this requirement.
The bar or tavern use shall be located as an accessory use in one of the principal buildings utilized for the resort or transient motel and shall not occupy more than 10% of the existing aggregate gross floor area or no more than 1,000 square feet, whichever is lesser, plus delineated outdoor areas of the resort or transient motel. A freestanding accessory bar or tavern shall not be permitted.
The parking requirements for a resort or transient motel with an accessory bar or tavern shall be calculated by adding the parking requirements for the principal use based upon existing Code requirements at the time of the application plus 50% of the parking required for the accessory use if that use were a primary use at the property. However, the Planning Board shall have the authority to reduce the required parking upon a finding that, based upon existing conditions, conditions that may be imposed by the Board as a part of their approval, and/or proposed mitigation offered, the Planning Board determines that the parking will be in compliance with the standards or safeguards of this Article V, including, but not limited to, a determination that the site after addition of the accessory use, subject to such conditions and/or mitigation, will provide sufficient parking, not result in additional traffic congestion or a significant increase in the risk of vehicular and/or pedestrian accidents, and promotes sound community planning.
All outdoor areas shall be set back from any side or rear yard property line, when the adjoining property is a residence, a distance which is twice that required by the provisions of § 255-11-10 for an accessory building, or structure on the subject lot.
In order to establish a bar or tavern as an accessory use to a resort or transient motel, said resort or transient motel shall have a minimum of 25 guest rooms.
An accessory bar or tavern to a resort or transient motel shall also meet the special permit standards established by § 255-5-50 for a tavern or bar.
Every accessory bar or tavern to a resort or transient motel shall be subject to the additional rules and regulations pertaining to this use which are found in Article XI, Uses and Dimensions.
With the exception of the requirement in § 255-5-26 hereof, a legally preexisting bar or tavern use, which lawfully exists on the effective date of this section, shall not be subject to the limitations and requirement set forth herein.
The site shall be provided with public rest rooms.
The site shall be of adequate size to accommodate an improved parking area capable of handling pickup and delivery of passengers as well as areas for long-term parking, all of which areas are large enough for the peak number of passengers anticipated to use the terminal.
The lot area shall be at least 20,000 square feet, and the lot shall have frontage along a main artery of travel as defined in Chapter 240 of this Code.
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
Storage area for vehicles waiting for service shall be provided on the site, and such storage shall not be permitted to occur on a public street or highway. Not more than five motor vehicles shall be stored outdoors overnight.
The business shall not provide services other than washing, vacuuming, waxing, polishing, simonizing or similar treatment.
Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times. The site shall not be used for the sale, rental or display of automobiles, trailers, mobile homes, boats or other vehicles.
Water used in the washing process shall be recycled, and the facility shall be designed, located and operated to protect the groundwater reservoir from pollution.
No permit shall be issued for the creation or the substantial expansion of a cemetery in the Agricultural Overlay District to avoid loss of prime agricultural soils.
Creation or expansion of a cemetery in the Water Recharge Overlay District or within 300 feet of any wetland area or watercourse shall only be approved upon condition that interment caskets be encased in watertight liners to restrict the entry of body decomposition and embalming chemicals into local ground- or surface waters.
Lawn areas shall be planted with drought-tolerant grasses to minimize the need for irrigation and the use of fertilizers.
This use (hereafter "change") shall be unlawful except in those districts in which it is shown as a special permit use in the Table of Uses in Article XI (§ 255-11-10) hereof, and then only after a special permit shall have been obtained for the particular change proposed. The special permit may authorize change into a two-family residence (a form of multiple residence) as defined herein or to a multiple residence consisting of two, three or four apartment units, subject to requirements of the following subsections.
A special permit shall be required regardless of whether the change involves any construction or alteration of the configuration of the existing building or of any other structure on the lot.
There shall be no subdivision of the lot on which the residence is located, unless the same results in all new lots being greater than 40,000 square feet in area.
No special permit for the change shall issue unless the owner of the single-family residence shall execute an instrument running in favor of the Town, in recordable form and acceptable to the Town Attorney, assuring that the existing residence will be retained in place on the lot, and that the same will be used for the approved multiple-residence use only, with all other uses, whether or not permitted in the district, excluded from the residence and the lot for so long as the multiple-residence use is maintained thereon.
No special permit for the change to a multiple residence with three apartments shall be granted unless the lot is at least 30,000 square feet in area; nor a permit for a change to a multiple residence with four apartments unless the lot is at least 40,000 square feet in area.
In the case of change to a multiple residence with two, three or four apartments, Subsections through and (7) through (9) in that part of this section entitled "Apartments in Single-Family Residences" shall apply and shall be adhered to.[1]
For a beach club, the site shall be not less than two acres, and there shall also be at least two linear feet of beach frontage for each individual member. For any other club not having a golf course, the lot area shall be not less than 10 acres. A club having a golf course shall have at least nine holes conforming to the standards of the United States Golf Association and shall not be constructed on a site having less than 50 acres, with another 50 acres for each additional nine holes or fraction thereof.
The facility shall not provide dwelling units or any other residence facilities in excess of the number of dwelling units that would be permitted on the site under all applicable provisions of this Code.
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 that noises generated thereon shall be contained on site.
Outdoor lighting shall not project light onto, nor shall light sources be visible from, neighboring properties. No outdoor light shall be more than 10 feet above the ground level underneath it.
There shall be no outdoor public-address or music system.
Activities shall not include a nightclub.
All parking shall be provided for on the site in appropriate areas sufficient in size to meet the needs of members and guests even during special events and other peak loading periods.
In the Water Recharge Overlay District, there shall be no clearing or grading of naturally vegetated areas for the creation or expansion of a golf course after the effective date of this chapter.
Drought-tolerant grasses shall be required on all golf courses in order to minimize irrigation and fertilizer needs.
Conversion shall be unlawful except in those use districts in which it is authorized by special permit, and no conversion shall be carried out unless and until a special permit shall have been obtained for the particular conversion proposed.
A special permit and a building permit shall be obtained regardless of whether the conversion involves any construction or alteration of the configuration of the existing building or of any other structure on the lot.
There shall be no subdivision of the lot on which the subject building or buildings to be converted are located.
Subject to Subsection (5)(a) below, conversion shall not result in the creation or continuation on any site of a number of dwelling units in excess of a density of six units per acre of lot area, except that in the Resort District (RS) or the Multifamily District (MF), resulting unit density shall not exceed the following maximums:
No structural changes involving the exterior or the interior layout of any principal building (i.e., a building containing a dwelling unit or units): a number equal to the number of dwelling units lawfully existing on the site on the effective date of this section.
Structural changes not involving expansion of external dimensions of existing principal buildings or the creation of any new such buildings: a number equal to 12 units per acre of lot area, but in no case more than a number equal to Subsection (4)(a) above.
Structural changes involving exterior expansion of existing principal buildings: a number equal to six units per acre of lot area, but in no case more than a number equal to Subsection (4)(a) above.
If it concludes that a special permit for the conversion may be issued, the Planning Board may impose such reasonable and necessary conditions as it determines to be necessary in order to assure that the changed nature, duration or intensity of use of the buildings and structures which it finds likely to take place do not result in deleterious impacts on neighboring properties, the neighborhood or the environment. Included among these conditions may be requirements of:
Reduced unit density or change in unit sizes to assure continued compliance with the spirit and letter of the requirements of this chapter.
Increased parking area.
Upgraded sewage and waste disposal facilities.
Improved water supply, including, if necessary, the extension of public water service.
Enhanced buffering and screening.
Modified on-site drainage facilities and other changes designed to deal with potential longer seasonal or even year-round occupancy of buildings formerly used only in the summer.
Interior or exterior alterations of any on-site building or structure, new or improved fire detection or fire alarm systems or any other change in site layout or limitation of specified on-site activities, if designed to address potential negative consequences or dangers of foreseeable changes in the use of the property resulting from conversion.
The building permit and certificate of occupancy which this chapter requires for such conversions shall not be issued until a special permit, together with site plan approval, architectural and design approval and all other required local approvals, has been obtained.
Notwithstanding any language in the definition of this use, specified types of boat building may be authorized in a special permit issued on a Waterfront District (WF) lot.
Lot area, exclusive of any flag strip, must exceed 300,000 square feet.
No greater than 15% of the lot area may be cleared, with clearing to be calculated as set forth in Subsection E of § 255-3-65 hereof.
The location, amount and nature of the proposed clearing shall not have the following adverse effects:
Endangerment of the Town's groundwater or of wetlands (including surface waters) adjacent to or downgradient of the proposed clearing;
Destruction of vegetative buffers adjacent to wetlands (including surface waters) or degradation of important wildlife habitat;
Destruction of vegetation which is rare or unusual in the Town; or
Despoliation of publicly important views or buffers, such as areas which are visible from natural bodies of water or public streets or which border protected natural lands.
Lot area, exclusive of any flag strip, must exceed 300,000 square feet.
No greater than 15% of the lot area may be cleared, with clearing to be calculated as set forth in Subsection E of § 255-3-65 hereof.
The location, amount and nature of the proposed clearing shall not have the following adverse effects:
Endangerment of the Town's underground drinking water supply or of wetlands (including surface waters) adjacent to or downgradient of the proposed clearing;
Degradation of important wildlife habitat, for example by fragmenting a large, intact forest block;
Destruction of vegetation which is rare or unusual in the Town; or
Despoliation of publicly important views or buffers, such as areas which are visible from public streets or which border protected natural lands or publicly accessible trails.
The building containing the use shall have a gabled roof, shall be sheathed in natural wood or wood shingle siding and shall have an overall design and appearance which conforms to the traditional and indigenous style of architecture in East Hampton. This special permit requirement shall be satisfied in any Planning Board or Architectural Review Board approval of the use, notwithstanding any other provision of this chapter which might be construed to delegate architectural review and approval solely to the Architectural Review Board.
Any drive-in or drive-through customer service window shall be located so that it does not negatively impact traffic flow on-site or off-site.
An indoor dining area shall be provided having adequate size to accommodate the anticipated use.
No special permit shall be issued hereunder unless the Planning Board shall find and determine that the passenger ferry service to be accommodated by the proposed passenger ferry terminal will not result in either of the following adverse effects:
A significant increase in overall traffic volume on the streets of the Town; or
An increase in traffic volume along any portion of a state road, county road or other collector street or an increase in traffic volume at the intersection of a state road, county road or other collector street with another state road, county road or collector street, such that traffic flow on that road segment or at that intersection would be degraded by an amount equivalent to a reduction in the level of service of the road segment or intersection by one full grade. For the purpose of applying this standard, "level of service" shall have the meaning ascribed to it in the Highway Capacity Manual prepared by the Transportation Research Board of the National Research Council.
The site shall be of adequate size to accommodate an improved parking area capable of handling pickup and delivery of passengers as well as areas for long-term parking, all of which areas are large enough for the peak number of passengers anticipated to use the terminal.
In order to assist the Planning Board in making the determinations required by Subsections (1) and (2) hereof, every application for a special permit hereunder shall state a maximum ferry passenger capacity for the terminal. The Planning Board shall use this capacity in evaluating the eligibility of the proposed use for a special permit and may set a lower maximum capacity as a condition of any special permit which it issues if the Board believes this is necessary to ensure compliance with the provisions of this chapter. Any special permit actually issued by the Planning Board shall impose a maximum ferry passenger capacity for the terminal. Said capacity shall not be increased unless a new special permit has first been issued therefor.
The site shall be provided with public rest rooms.
The lot area shall not be less than 20,000 square feet, nor shall it have a contiguous street frontage of less than 100 feet along a collector street or highway.
No church, school, library, playground, museum, historic building or similar place of public assembly, wetland, watercourse, surface water or environmental preserve or park shall be located within 500 feet of the site.
Entrance and exit driveways shall be located at least 20 feet from any side or rear property line. Such driveways shall be 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 or other devices shall be located at least 50 feet away from any building, structure or street line.
All gasoline, oil, solvents or other volatile, flammable, toxic or environmentally harmful liquids or substances shall be stored in accordance with the provisions of applicable federal, state, county and Town law.
The site plan shall show a circulation diagram of how a number of vehicles in excess of the maximum number which can reasonably be expected to be using the station at any one time will be serviced at the pumps and how adequate room for such vehicles to queue within the premises will be provided without adverse effect on entrances, exits or off-site traffic flow.
When repair services are to be included, there shall be ample parking spaces provided for such vehicles without obstructing refueling operations, and no portion of any public street or right-of-way shall be used for storage of vehicles awaiting repair.
At least one pump attendant must be present and available on the station site to provide full service to those persons needing or desiring it at all times during which the station is in operation; however, some or all of the operating pumps at the station may be of the self-service type. Automatic fire suppression systems approved by the Chief Fire Marshal shall be provided and maintained in working order over any service island containing one or more such self-service pumps.
The sale of products other than those required for automotive repair shall be prohibited, except that mechanical dispensers of ice, soft drinks, cigarettes and candy may be installed, provided that installation and use of the same will not interfere with the safe operation of the station, and subject to site plan review approval by the Planning Board.
The sale or rental of vehicles, trailers, boats and similar items shall be considered a separate and distinct use of the premises for all purposes of this chapter.
In the Waterfront District, fish processing shall be permitted only as an accessory use to a commercial fishing dock where fish products are unloaded for market distribution.
In the Commercial-Industrial District, larger facilities may be approved, subject to compliance with all provisions of § 255-5-40 hereof.
Wherever proposed, the facility shall be permitted only if it shall be demonstrated to the satisfaction of the issuing board that there is available sufficient water for icing, cleaning and all other operations involved without causing significant negative impact on the groundwater supply, especially where such local supply supports other existing residential or commercial development.
There shall be a workable plan for the proper disposal of fish parts and all other wastes generated, and no such wastes shall be permitted to be discharged into surface waters.
The formula business is compatible with existing surrounding uses, and has been designed in a nonobtrusive manner to preserve the community's unique rural and historic character.
The approval of the formula business shall be consistent with the policies, goals and standards of the Comprehensive Plan, including, but not limited to, consideration of the following goals:
Maintain and restore, where necessary, East Hampton's rural/semirural character and the unique qualities of each of East Hampton's historic communities;
Protect the natural and cultural features identified in the Comprehensive Plan;
Protect historic buildings, hamlets, neighborhoods, landscapes and scenic vistas from incompatible development; prevent further loss of the Town's cultural and archeological resources.
For a formula business within a designated historic district, the Planning Board shall find that said business shall comply with the preservation goals set forth in the Town Code for that specific historic district.
The formula business shall not contain the features or attributes of the formula business except for the service or product.
The formula business shall utilize a unique visual appearance that is consistent with the character of the Town and not project a visual appearance that is homogeneous with its element in other communities.
Only one formula business shall be permitted per building or lot, except for a lot containing a legal multiple-business complex. A multiple-business complex may have 50% of the permitted or special-permitted businesses be formula businesses.
All storage shall be only for the purposes of local retail use.
The installation of tanks for flammable liquids and gases shall be in conformance with the applicable standards of the National Board of Fire Underwriters. The installation shall also be approved by the Town Fire Prevention Inspector and the local Fire Department having jurisdiction.
Tanks shall be double-lined, vacuum-sealed, easily accessible for leak detection and located within impervious saucer-type fuel-spill containers to prevent pollution from spillage and to facilitate the cleanup of same.
The lot area shall be determined to be of sufficient size to contain all damage resulting from a foreseeable accident without harm to other properties.
No lot having frontage on or taking legal access from any of the following streets shall be eligible for such permit: Montauk Highway (State Route 27), North Main Street (County Road 40), South Edgemere Street (County Road 49) or The Plaza (Montauk Traffic Circle).
Building coverage shall not exceed 40% of lot area.
The Planning Board shall have authority to require that any building for which such permit is issued be clad in natural wood siding, notwithstanding any approval which may be granted for the building by the Architectural Review Board.
In determining whether a proposed site is a suitable location for the use, as required by § 255-5-40 hereof, the Planning Board may consider the site's proximity to other motor vehicle related uses, such as filling stations, repair garages, automobile sales lots or showrooms and public and private parking lots.
The conversion of a preexisting legal playing court to a seasonal tier two ice rink shall not be considered an additional use of the property for purposes of § 255-2-45.
All refrigeration, auxiliary power generation and fuel equipment shall be set at twice the minimum accessory structure setback requirements of the applicable zoning district as set forth in the Town of East Hampton Zoning Code.
Muffling of noise. The Planning Board must insure that the generator or refrigeration unit is provided with insulation/mufflers that reduce the noise levels at the property lines to 50 dBA or less.
The applicant must demonstrate and the Planning Board must insure that appropriate parking arrangements have been made. No parking is to be permitted on the street.
Where the facility is one in which chemicals or radiation is to be used, the Planning Board shall require redundant safeguards and fail-safe designs and construction and may also limit or prohibit certain activities or classes of activities in order to ensure that Chapter 180 and other provisions of this Code intended to protect the public health and the community groundwater supply are not violated by operation of the facility or by-products which it generates.
A laboratory which is part of, or associated with, another facility, for example a hospital or medical arts building, shall be subject to the preceding provisions.
No discharges of pollutants or other activities of any kind deleterious to surrounding wetlands and surface waters shall be permitted to occur on the site, and the Planning Board may require specific layouts or facility designs in order to ensure that such effects will not occur.
Sanitary rest rooms, holding tanks and sewage disposal shall be provided on site in accordance with federal and state law, as well as the regulations of the Suffolk County Department of Health Services and this Code.
There shall be provision made for the safe collection and disposal of boat-generated solid wastes.
Outdoor lighting shall be contained on site, and no dock lighting may be more than 10 feet above the ground or dock level underneath it. These provisions shall not apply to navigational aids approved by the Coast Guard and the Town.
Public address or speaker systems shall be designed so as to project little or no noise across the property lines of the facility onto neighboring residential properties, and no such system shall be used between 10:00 p.m. and 8:00 a.m.
The existing quality of tidal waters shall be protected or improved to the extent practicable by the applicant through marina design, including protective means to preserve the viability of important wetlands on the site, restricting dredging to the minimum needed and dredging during periods least destructive to shellfish, and similar, posting signs designed to educate boat owners about proper trash and sewage disposal and the like. The Planning Board may condition any special permit on these or any similar requirements.
Adequate space for parking shall exist on the site to service the facility when developed at its full capacity. This provision shall not apply to sites in the Central Business (CB) District which are located within 500 feet of a municipal parking facility which is capable of handling the parking needs of the theater during evening hours, provided that the on-site parking on the theater lot is at least sufficient to handle anticipated early afternoon capacity.
An aggregate capacity of 500 seats shall be the maximum permitted on any one site, regardless of the number of theaters involved in the plan.
This use shall only be permitted where the Planning Board determines that it is in the community interest to allow the simultaneous master planning of a large business site, composed of one or more lots, so as to bring into being multiple uses thereon without subdivision. In making this determination, the Planning Board shall ask the advice of the Architectural Review Board regarding the design, scale and appearance of the proposed complex, and the compatibility of same with adjacent properties, the neighborhood and the community in which it is proposed to be created.
The size of the resulting complex of uses, and the rate at which it is to come into existence, shall not result in environmental degradation, economic disruption or overburden public support service or facilities, including streets, parking lots, police, fire and other necessary services, as they exist in the community.
The total number of individual business uses permitted to come into existence on the entire site shall not exceed the number which would have been possible on the individual properties of which the site is composed.
The coverage and total coverage on the site shall not exceed, and preferably should be well below, that allowed in the district for buildings, structures and other improvements on a single lot. Further, the number of parking spaces provided shall be at least equal to the total number of such spaces which district regulations would require if the uses were each located on a separate site.
The Planning Board may require the merger of some or all of the single and separate lots included in the site, may require the filing of instruments preventing subdivision of the site and, if necessary, may require the dedication to the Town of one or more rights-of-way, streets or parking areas. Cooperative or condominium ownership of individual stores, spaces or buildings may be permitted or prohibited as the Planning Board deems appropriate.
This use shall only be permitted where the Planning Board determines that it is in the community interest to all the simultaneous master planning of a large industrial site, composed of one or more lots, so as to bring into being thereon multiple uses without subdivision. In making this determination, the Planning Board shall ask the advice of the Architectural Review Board regarding the design, scale and appearance of the proposed complex, and the compatibility of same with adjacent properties, the neighborhood and the community in which it is proposed to be located.
The size of the resulting complex of uses, and the rate at which it is to come into existence, shall not result in environmental degradation, economic disruption or over-burden public services or facilities, including streets, parking lots, police, fire and other necessary services, as they exist in the community.
The total number of individual industrial uses permitted to come into existence on the entire site shall not exceed the number which would have been possible on the individual properties of which the site is composed.
The coverage and total coverage on the site shall not exceed, and preferably should be well below, that allowed in the district for buildings, structures and other improvements on a single lot. Further, the number of parking spaces provided shall be at least equal to the total number of such spaces which district regulations would require of the uses were each located on a separate site.
The Planning Board may require the merger of some or all of the single and separate lots included in the site, may require the filing of instruments preventing subdivision of the site and, if necessary, may require the dedication to the Town of one or more rights-of-way, streets or parking areas. Cooperative or condominium ownership of individual facilities, spaces or buildings may be permitted or prohibited as the Planning Board deems appropriate.
When proposed for any single-family residence district pursuant to Chapter 193, all regulations in that chapter concerning apartments shall be complied with, and no special permit hereunder shall be required.
When proposed for a lot in Resort District (RS), all conditions and requirements of the subsection below entitled "resort" shall be complied with and a special permit must be obtained.
When proposed to be created by a change of use of an existing single-family residence, all conditions and requirements of the subsection above entitled "change of existing single-family residence to two-family or other multiple residence" shall be complied with, and a special permit must be obtained.
When proposed on any site within the Affordable Housing Overlay District (AHO), all applicable conditions and requirements of the subsection above entitled "Affordable Housing Development" shall be complied with, and a special permit must be obtained.
The specific standards and safeguards for a natural resources special permit are fully set forth at § 255-5-51 hereof. All references in this chapter to such standards and safeguards for natural resources special permits shall be deemed to refer to the provisions of § 255-5-51, and those provisions shall be deemed part of § 255-5-50 for all purposes hereunder.
The site 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 not be less than 500 feet from any residence within a residence district boundary.
All entertainment activities shall be completely screened from view from outside the site.
Off-street parking shall be provided sufficient to the capacity of the building to prevent obstruction of ingress, egress and traffic flow on adjacent streets and rights-of-way. Fire lanes required by the Fire Prevention Inspector during site plan review shall be able to be accommodated.
The site must be located within 500 feet of a Neighborhood Business District or a Central Business District which can provide related facilities in connection with such offices.
The use shall not create pedestrian or vehicular traffic hazards in relation to surrounding uses, access to public roads and intersections or other buildings or potential uses on or near the site.
Each office within the office park is not considered a separate use if the lot is devoted exclusively to offices.
In addition to the minimum number of parking stalls required by § 255-11-45, one parking stall per office shall be provided for each office in excess of two per lot.
In no case shall over-the-counter or other direct retail sales activities be permitted in any office within an office park.
No cafeteria or eating establishment, health spa or other similar uses shall be permitted within the office building.
The lot area shall not be less than two acres.
When adjacent to any residential property, there shall be a transitional yard 100 feet in depth along all property lines, with natural screening or screen plantings sufficient in height and density to assure compatibility with such properties.
Street frontage locations shall require special natural or landscape treatment in order to screen storage yards from public view.
Water used in washing processes shall be recycled, and the overall facility shall be designed, located and operated so as to protect the ground water reservoir from pollution.
Extraction of site materials, such as sand and gravel, shall be subject to all applicable provisions of the Code.
All Tier Three personal wireless service facility applications shall require the granting of a special permit by the Planning Board. The Planning Board shall not approve any such application or any personal wireless service facility unless the Board finds that all of the general special permit standards of § 255-5-40 and all of the standards provided in § 255-1-41 of this chapter have been met.
Where the Planning Board determines that the varying of lot sizes and dimensions will serve the ends of good planning, be in conformance with the Comprehensive Plan and will not create negative environmental impacts on or off the subject site, variable property sizes may be approved, fitting the space needs of permitted use industries while assuring proper design.
Notwithstanding any language in the preceding subsection minimum yard setbacks along the outer perimeters of the subdivision site shall be held to those called for in Article XI hereof, and the minimum and average lot sizes set forth in the definition of the use contained in Article I shall be strictly adhered to.
There shall be an overall plan for the use which incorporates adequate and suitable designs for infrastructure, off-street parking and internal access, on-site drainage containment and landscape amenities, including necessary buffers and screens. The Planning Board may require, if necessary, dedication to the Town of one or more rights-of-way, streets or parking areas.
When located in the Water Recharge Overlay District, the appropriate retention of natural grades and vegetation for continued high levels of natural recharge of rainwater into the aquifer shall be required.
The total number of individual industrial uses and individual lots permitted to come into existence on the entire site shall not exceed the number which would have otherwise been possible through ordinary subdivision and development of the site.
Approval of office use in certain circumstances.
Notwithstanding the limitations of the Use Table of § 255-11-10, the Planning Board may approve an office building in a planned industrial park where the lot or lots on which the building is to be sited lie within the Town's Water Recharge Overlay District. In any such case, the Board shall fix the maximum number and type(s) of office uses to be permitted in the building as well as the maximum number of persons to be permitted to work in the building. The Board may provide in its approval that no further special permit or site plan approval shall be required to commence or change particular uses (in the form of tenancies or other occupancies) in the approved office building, provided that every new office use thereafter introduced is of a preapproved type, the total number of uses and employees in the office building at no time exceeds the fixed limit, and all other conditions imposed at the time special permit approval of the office building are strictly adhered to. Nothing herein shall be deemed to relieve any party from the requirement to obtain a building permit (and all associated permits, if any) when carrying out structural changes to the interior of a building.
In approving an office building in a planned industrial park pursuant to the preceding subsection, the Planning Board shall not permit a number of office uses on the lot or site in excess of that which would otherwise be permitted by the provisions of this chapter, including but not limited to § 255-2-45 hereof. Each office, or potential office use in an office building, approved by the Board shall constitute a principal use in the planned industrial park and shall result in the elimination of one otherwise permissible industrial use therein.
The following types of office uses may be preapproved in an office building: accounting, architectural, communication, computer, corporate headquarters, drafting, engineering, finance, scientific, mail or telephone sales, provided that the Planning Board first determines in writing that each such approved category of office use is unlikely to be accommodated in any of the Town's existing central or neighborhood business districts because of the nature of the activity or the amount of space required for the same. It is the intent of this section to permit only white collar facilities. In no case shall over-the-counter or other direct retail sales activities be permitted in any planned industrial park office, nor shall manufacturing or production activities of any kind be permitted. Further, walk-in offices catering to members of the general public or inviting such persons onto the premises for any purpose, such as brokerage offices, doctor's and lawyer's offices and the like shall in no case be permitted.
With the exception of personal wireless service facilities, which are discussed above, the facility shall have as a primary purpose the distribution or delivery of utility, communication or similar service to some or all of the residents of East Hampton, and, in this connection, the nature of the use shall conform to any limitations which this chapter, either by its general definition of public utility, a more specific definition of the particular use or otherwise, places upon the same.
For uses proposed in any district other than the Commercial-Industrial District (CI), it shall be demonstrated that placement of the use on a property in the CI District is impossible or impracticable because of the unavailability or unsuitability of such property, the nature of the service to be provided, the location of the residents to be served or other similar constraint.
The site shall have sufficient space to conduct the proposed use and be able to contain all customer and employee parking on the site, but in no case shall the site be less than 40,000 square feet in size in a Commercial Industrial Zone.
Clearing.
Notwithstanding anything in §§ 255-2-60, 255-3-65E(1) and (2), and 255-3-75D(1) and (2), the Planning Board may approve clearing of up to 50% of total lot area on any lot as part of the special permit review of a major recreational facility on a parcel located within the Recreational Overlay District. In approving any such clearing, the Planning Board shall determine that the clearing is reasonably needed for the effective operation of the facility. In the event that recreational facility use on the lot ceases, a condition of any other use shall be revegetation and/or reversion to natural native vegetation of cleared areas exceeding the applicable limits of §§ 255-2-60, 255-3-65E(1) and (2), or 255-3-75D(1) and (2).
Wherever possible, existing trees shall be retained within all setback areas to screen structures and outdoor uses. The Planning Board shall consider additional evergreen or other vegetative screening and/or appropriate fencing if necessary.
Coverage. Notwithstanding anything in § 255-11-10, the Planning Board may approve building coverage up to 30% of the total lot area on a parcel located within the Recreational Overlay District. In addition, the Planning Board may approve total coverage up to 40% of the lot area on a parcel located within the Recreational Overlay District.
Any indoor facility building shall be set back from the street and from residence property lines a sufficient distance to provide for adequate screening of same, but in no case shall such set back be less than 50 feet.
Height of structures. Notwithstanding anything in § 255-11-10, the Planning Board may approve structures up to 40 feet in height pursuant to special permit review of a major recreational facility on a parcel located within the Recreational Overlay District.
Parking. The Planning Board may approve up to 75% of the total required parking on an unpaved, dust-free and permeable surface.
All other provisions of the Code applicable to the use shall be adhered to, and special attention shall be given to preventing noise and light from contemplated outdoor activities from disturbing nearby residential properties and districts or medical facilities.
If all recycling activity, scrap processing and stockpiling or storage of scrap and recyclable materials is done within a building, the minimum required lot area shall be 60,000 square feet, and a minimum front yard of 50 feet shall be required for retention of natural vegetation or installation of landscaping to screen the use. Otherwise, the minimum required lot area shall be four acres, and a minimum front yard of 100 feet shall be required for retention of natural vegetation or installation of landscaping to screen the use.
Whether within a building or not, all recycling activity, scrap processing and stockpiling or storage of scrap and recyclable materials shall be done no closer than 200 feet from the boundary of any residential use district.
Natural vegetation or landscaping which is used to screen the use shall be of sufficient height and density to properly accomplish that purpose. Any security fencing or similar enclosure shall be located rearward of the vegetation or landscaping screen, and no scrap or recyclable materials may be stacked or stockpiled to a height where they are visible through or over the vegetation or landscaping screen when viewed from the street.
No more than one residential museum use shall be located on any single family residence lot.
A residential museum may not be located on a lot that contains more than one dwelling unit.
A residential museum may not contain any retail use, except as specifically allowed in this article.
All required side yard and rear yard setbacks shall be doubled for any additional structures proposed to be constructed as part of the accessory use, except that the Planning Board shall have the authority to approve such lesser setbacks for buildings and structures as the Board finds will serve the interest of good planning in the case of yard-adjoining property which is not residential property, as defined in § 255-1-20.
Required basic parking is encouraged to be located on unpaved, dust-free and permeable surfaces which are residential in character.
Parking must be adequately screened from adjoining residential properties.
The Planning Board may approve up to 75% of any required parking on prepared, well-drained, dust-free grass.
The applicant must be able to demonstrate that the site can accommodate parking for special events.
The applicant must provide proof by certificate of good standing or other acceptable means that it is a not-for profit corporation recognized under IRC Section 501(c)(3) of the U.S. Internal Revenue Code.
A museum shop, comprising not more than 25% of the total area of the premises devoted to museum use, and in no event more than 500 square feet, shall be permitted on the premises. Sales of items on display in the museum, or similar items of equal scientific, historical or artistic value, shall not be offered for sale in the museum shop, but this restriction shall not be deemed to preclude the sale of replicas or reproductions of such items.
The operation of a museum as set forth herein shall be subject to the provisions of § 255-11-62, "Uses permitted in single-family residences."
There shall be no less than 7,260 square feet of lot area devoted exclusively to the resort use for each dwelling unit.
The average maximum number of bedrooms shall not exceed 2.25 per unit in any proposal, and in no case shall there be more than three bedrooms in any unit.
The maximum habitable floor area of any dwelling unit shall not exceed 1,200 square feet, and the minimum shall be 450 square feet. The average such area for all units on the site shall not exceed 1,000 square feet.
Every provision contained in Subsections (4) and (5) of the subsection entitled "Transient Motel" in § 255-11-88 of this chapter shall apply to this special permit. No special permit shall issue unless it is determined that all of the conditions in said provisions can be met and will be adhered to by the proposed resort use.
In determining whether to issue a special permit for this use, the ultimate customer capacity of the restaurant shall be calculated in order to determine potential sewage waste, kitchen waste and parking needs and shall include any potential expansion of outdoor eating patios or decks.
A plan demonstrating how the disposal of sewage and kitchen wastes will be handled shall be provided. Particular attention shall be given where the proposed site is near wetlands or surface waters or is located in the Water Recharge Overlay District.
Any outdoor dining planned for the site shall be clearly depicted on a site plan, delineated on the property and be located such that the noise and other effects generated will be reasonably screened from adjacent properties and compatible with existing and potential uses thereon. Where such an adjacent property is a residential property or any property with an occupied residence, complete screening of the activity and its effects shall be deemed necessary to meet this requirement.
Any outdoor seating areas shall be set back from any side or rear yard property line, when the adjoining property is a residence, a distance which is twice that required by the provisions of § 255-11-10 for an accessory building, or structure on the subject lot.
In order to establish a restaurant as an accessory use to a resort or transient motel, said resort or transient motel shall have a minimum of 25 guest rooms.
The restaurant use shall be located as an accessory use in one of the principal buildings utilized for the resort or transient motel and shall not occupy more than 20% of the existing aggregate gross floor area of the resort or transient motel or 2,000 square feet, whichever is lesser. A freestanding accessory restaurant shall not be permitted; however, outdoor seating shall be permitted pursuant to the definition of "restaurant" in § 255-1-20 of this chapter.
The parking requirements for a resort or transient motel with an accessory restaurant shall be calculated by adding the parking requirements for the principal use based upon existing Code requirements at the time of the application plus 50% of the parking required for the accessory use if that use were a primary use at the property. However, the Planning Board shall have the authority to reduce the required parking upon a finding that, based upon existing conditions, conditions that may be imposed by the Board as a part of their approval, and/or proposed mitigation offered, the Planning Board determines that the parking will be in compliance with the standards or safeguards of this Article V, including, but not limited to, a determination that the site after addition of the accessory use, subject to such conditions and/or mitigation, will provide sufficient parking, not result in additional traffic congestion or a significant increase in the risk of vehicular and/or pedestrian accidents, and promotes sound community planning.
A special permit for a restaurant as accessory to a resort or transient motel shall only be issued by the Planning Board upon the following findings:
An accessory restaurant to a resort or transient motel shall also meet the special permit standards established by § 255-5-50 for a restaurant.
Every accessory restaurant to a resort or transient motel shall be subject to the additional rules and regulations pertaining to this use which are found in Article XI, Uses and Dimensions.
With the exception of the requirement in § 255-5-26 hereof, a legally preexisting restaurant use, which lawfully exists on the effective date of this section, shall not be subject to the limitations and requirement set forth herein.
The minimum lot size shall be 10 acres, independent of any residence on the site, except that where the Planning Board determines that the general standards of § 255-5-40 can be met using lesser acreage and an existing pastoral or farmland setting would be preserved in perpetuity, it may approve the use of sites of five acres or more, independent of any residence. The presence of one or more horse farm uses on a riding academy site shall not be deemed to increase this requirement; provided, however, that in deciding whether to issue a special permit providing for such use(s), the Planning Board may condition or limit the scope of any proposed activity or use depending on the amount of property available for same on the lot.
All stables and temporary manure storage areas shall be set back at least 200 feet from any property line.
The perimeter of any pasture or open enclosures or rings shall be at least 10 feet from any property line and 50 feet from any residential property line.
All parking shall be off-street and set back at least 100 feet from any public street or adjacent residential property line.
No permit shall be issued for any lot on which this use has not previously been conducted unless such lot is immediately adjacent to one on which such use is currently underway.
In all cases, the use shall be considered a temporary use of any property, and there must exist an approved engineering plan for the restoration and reuse of the lot.
All required side yard and rear yard setbacks shall be doubled in residential districts, except that, in the case of yards adjoining property which is not residential property as defined herein, the Planning Board shall have the power to approve such lesser setbacks for buildings and structures as the Board finds will serve the interests of good planning.
No school, other than a nursery school, kindergarten or day-care center, shall be permitted in the Multiple-Family District or the Affordable Housing Overlay District. The only schools permitted in the Waterfront District shall be those related to maritime pursuits.
The only type of semipublic facility which shall be permitted in the Park and Conservation (PC) District is a museum, interpretive center, or similar facility (which may contain accessory uses such as a gift shop) which relates directly to the historic or natural character of the land on which it is situated and serves to educate the public about the same.
Building coverage and total lot coverage as defined in this chapter shall be as follows for schools situated in all residential zoning districts:
Lot area is less than or equal to 425,000: building coverage and total lot coverage shall be governed by Section 255-11-10 (Table III).
Lot area exceeds 425,000 square feet but is less than 2,000,000 square feet: building coverage is limited to 12% percent of lot area and total lot coverage is limited to 25% of lot area.
Lot area exceeds or is equal to 2,000,000 square feet: building coverage is limited to 20% of lot area and total lot coverage is limited to 30% of lot area.
The Planning Board may allow two service commercial uses per 20,000 square feet in the CI Zone where such use does not involve the subdivision of land, degradation of the environment or overburdening of public services or facilities, including streets, parking lots, police, fire and other necessary services.
Where the use proposed is the enlargement of a single-family residence, the Planning Board may require proof that the residence lawfully preexists any provision of this chapter which makes it nonconforming.
The Planning Board shall not issue a special permit for construction or enlargement of a single-family residence unless the Board specifically finds the construction or enlargement will not interfere with the future orderly development of the property involved, according to the existing zoning, or with the orderly growth of the surrounding area according to the existing zoning. In making this determination, the Planning Board shall be particularly careful to ensure that the proposed construction or enlargement will not create or contribute to traffic safety problems, problems with on-site or on-street parking, overcrowding of the surrounding area or visual impairment of the area should the residence be later converted to a permitted or specially permitted use other than a single-family residence.
These standards and safeguards shall not be deemed to apply to the issuance of a natural resources special permit for construction or enlargement of a single-family residence.
No building which is occupied in whole or part by a use classified hereunder as "supermarket" shall have a gross floor area which exceeds 25,000 square feet.
Required parking shall be located primarily to the sides or rear of the building, and not between the store and adjacent streets. Absent unusual circumstances, such as topographical constraints, a lot with multiple street frontages, or the need to buffer adjoining residential property from the parking lot, no more than 20% of the area of required parking shall be located between the store and the adjacent streets.
One or more outdoor storage trailers may be permitted in connection with a supermarket, provided that the trailer or trailers are necessary to the operation of the supermarket and that site plan approval is obtained therefor. Any such trailers shall be suitably screened by landscaping or other methods acceptable to the Planning Board. The Planning Board shall eliminate or minimize to the greatest degree practicable any noise impacts associated with the trailers (e.g., noise from refrigeration units) through the location of the trailers and/or the use of noise baffles.
No building which constitutes a superstore under the provisions of this chapter may have a gross floor area which exceeds 15,000 square feet, unless said building also contains a use which is classified hereunder as "supermarket." In the latter case, the building shall be regulated by the provisions of this chapter which apply to supermarkets.
The site shall not be located within 500 feet of any church, school, playground, park, hospital, nursing or proprietary rest home, similar public and semipublic place or residential district boundary.
There shall be no outdoor public-address or music system.
There shall be no live entertainment on the premises unless the use can also meet the conditions required for a nightclub, except that a tavern or bar may include a piano and/or stringed instruments when not hooked up to an amplifying system.
Septic waste systems must be adequate to assure that no adverse effects will result to any water body in the vicinity of the proposed use.
Parking and traffic circulation shall be provided which is adequate to accommodate the peak anticipated crowding of the use.
In single-family residence districts, this use shall only be authorized on a lot containing an existing residence occupied by the owner of the business. No more than three livery-registered taxicabs being used in the business shall be parked on or operate from any such property. In no case shall a car rental or other retail business be located on any such lot.
Screening and buffering to protect neighboring residential properties from noise resulting from twenty-four-hour operation may be required.
No more than two playing courts shall be permitted for each one acre of land comprising the site.
If the site is located in a residence district, all structures, including playing courts, swimming pools and parking areas, shall have side and rear yard setbacks twice those required for principal buildings and structures in that residence district. Front yard setbacks shall be those required for principal buildings and structures in that residence district, but shall in no case be less than 50 feet. Side and rear yard setbacks for a swimming pool or playing court shall in no case be less than 50 feet where the adjacent lot is a residential property.
Building coverage shall not exceed 1% of lot area.
Parking areas shall be screened from all property boundaries by natural vegetation or landscape plantings.
There shall be no outdoor public address or music system, and lighting of playing courts shall be prohibited.
The use shall comply with the specific standards and safeguards which are prescribed in this section for membership clubs.
In the Resort District (RS) and Affordable Housing Overlay District (AHO), all dimensional requirements for a single-family residence in the Residence District B (B) shall be adhered to.
In all other districts, all such requirements for single-family residences and lots in the Residence District A (A) shall be adhered to.
The building shall have an external design and character resembling a single-family residence.
Adjacent properties shall be adequately protected from noise, odors and unsightly appearance, and the site shall be large enough or far enough from occupied residences that the noise provisions of Chapter 185 and of this chapter can be complied with at all times.
If outdoor runs or outdoor exercise areas are to be established, all buildings, structures and accessory use areas shall be at least 50 feet from any property line. Any such outdoor dog runs or outdoor exercise areas shall be sufficiently enclosed and screened so that noises are retained on site. No outdoor kennels shall be permitted in Central Business (CB) Zoning Districts.
Cadavers and contaminated materials shall be disposed of in accordance with all applicable federal, state, county and Town laws.
The site shall have sufficient area to provide a natural vegetation or landscaped planting area around the perimeter of the storage yard, and any security fence shall be located within said plant screening area.
The site shall include an off-street parking area, and all material deliveries and pickups shall be on site and not hamper safe traffic movement along adjacent street frontage.
Contiguous arable land. No application to construct a winery, as defined herein, shall be reviewed or approved unless the applicant owns not less than 15 acres of arable land suitable for the growing of wine grapes which is part of or immediately adjacent to the winery site. No winery shall operate or be entitled to a certificate of occupancy unless the owner of said winery at all times owns not less than 15 acres of arable land suitable for the growing of wine grapes which is part of or immediately adjacent to the winery site.
Winery site. No application to construct a winery, as defined herein, shall be reviewed or approved unless the applicant owns a minimum of 1 1/2 acres of land suitable for the construction and operation of a winery. This requirement is in addition to the required 15 acres of contiguous arable land described above. The winery site shall be immediately adjacent to, or be part of, and shall be in the same record ownership as, the arable land on which the wine grapes are grown and shall not be encumbered by any easement, covenant or other restriction which prohibits agricultural processing.
Other regulations. Every winery shall be subject to the additional rules and regulations pertaining to this use which are found at Article XI hereof.
[1]
Editor's Note: The former subsection entitled "Clearing in Water Recharge Overlay District," which immediately followed this subsection, was amended and renamed "Excess Clearing in Water Recharge Overlay District." Said term is listed alphabetically in this section
§ 255-5-51 Specific standards and safeguards for natural resources special permits.
[Added 4-13-2007 by L.L. No. 14-2007]
Because of their number and complexity, the specific standards and safeguards applicable to natural resources special permits under § 255-5-50 hereof are set forth in this section. These standards and safeguards shall apply to every natural resources special permit as though set forth in their entirety in § 255-5-50.
A.
Natural resources special permits, generally. This special permit shall be issued by the Board of Appeals, which agency shall have exclusive and complete jurisdiction over the administration of such permit in accordance with the provisions of this section. In reviewing any application for a natural resources special permit, the Board of Appeals may refer the matter to the Planning Department and the Town Trustees (where applicable) for a recommendation. In the event of any such referral, the Planning Department and the Town Trustees (where applicable) shall make a recommendation in writing to the Board of Appeals within 30 days of the date of the referral. However, in the event that additional information is required by the Planning Department to complete its review, it shall notify the applicant within 10 days of the date of the referral what additional information is needed and, in such event, the Planning Department shall submit its recommendation to the Board of Appeals within 20 days after receipt of the requested information from the applicant.
B.
Delegation of natural resources special permits. Pursuant to the provisions of § 255-8-84 hereof, which authorize the Planning Department to process and issue certain natural resources special permits, the Board of Appeals may delegate such review and approval of individual applications to the Planning Department in any manner which the Board deems best suited to this purpose. With regard to any permit, class of permits, or permit application for which such a delegation has been duly made, references in this chapter to the Board of Appeals shall be construed, where appropriate, to mean the Planning Department.
D.
Preservation of natural resources. All structures and uses, other than coastal structures, shall be located on upland and shall be located so that no natural resource, feature, or system designated in § 255-4-12 hereof will be diminished in size, polluted, degraded, or lost, or placed in peril thereof, in order to establish such structure or use. If there is inadequate upland for the structure or use proposed, minimal exceptions to the requirements of this section may be authorized in the permit, but only after:
(1)
Alternative reasonable uses of the property are determined not to exist; and
(2)
Alternative designs entailing smaller buildings or structures, reduced yard or other setbacks, or diminished or reconfigured areas of use are determined not to be effective in preventing loss of or potential damage to designated natural features, or the only such designs are found to be infeasible or unlawful.
E.
Coastal structures, generally. A coastal structure may be placed at any location on a lot if the structure and the uses associated therewith are found not to be detrimental to any natural resource, feature, or system designated in § 255-4-12 hereof. No permit shall issue for any structure which would unduly interfere with tidal flow or marine life or habitat, or which would destroy other than the minimal practicable areas of beach vegetation, wetland vegetation, or eel grass (Zostera marina). For the purposes of this section, a structure will be deemed in violation of the preceding sentence and ineligible for a natural resources special permit if the structure, together with all similar structures likely to be sited in the vicinity should it be approved, would cause such undue interference or destruction.
F.
Erosion control structures. No natural resources special permit shall be issued for the construction, placement, installation, repair, reconstruction, replacement, or alteration of an erosion control structure unless the application for such permit, in addition to complying with the general requirements for issuance of special permits and the requirements of the preceding subsection regarding coastal structures, and subject to the provisions of § 255-3-85 hereof, satisfies the following requirements:
(1)
If the application involves a new erosion control structure, the applicant shall demonstrate that erosion control on the project site cannot adequately be accomplished by means of a coastal restoration project, as defined herein, with periodic renourishment or renewal of sand or other materials.
(2)
If the application involves a new coastal erosion control structure in Coastal Erosion Overlay Zone 1, 2 or 3, the applicant shall demonstrate that: (i) the erosion control structure is immediately necessary to prevent the loss or destruction of a principal building or structure on the applicant's lot, or to prevent severe damage to such building or structure, (ii) the threatened loss, destruction, or severe damage to a principal building or structure cannot reasonably be prevented by some alternative means, such as relocating the building or structure or undertaking a coastal restoration project, as defined herein, and (iii) the erosion control structure is of the minimum size, design, and physical extent needed to prevent the threatened loss, destruction, or severe damage.
(3)
The construction, installation, or other work proposed for the erosion control structure, as well as future repair, maintenance, or restoration of the same, shall not:
(a)
Interfere with the littoral transport of sand or other sediment, so as to cause substantial damage to or a measurable increase in erosion of the project site or downdrift beaches, dunes, bluffs, or shoreline.
(b)
Cause the loss of identified habitat for important wildlife or native vegetation, including marine life and marine habitat.
(c)
Exacerbate flood damage by generating floodborne flotsam.
(4)
The erosion control structure shall be designed and constructed according to generally accepted engineering principles, such that the structure will have a reasonable probability of controlling erosion on the project site for a period of at least 30 years.
(5)
All materials used in the erosion control structure shall be nontoxic, durable, and capable of withstanding the icing, weathering, inundation, wave impact, and other meteorological and hydrographic conditions to which they will be exposed for a period of at least 30 years. Individual components of the structure may have a working life of less than 30 years if a maintenance program required in connection with the issuance of a permit will ensure that these components are regularly maintained and replaced as necessary to attain the required 30 years of erosion control.
(6)
The application shall include a long-term program for the repair, maintenance, or restoration of the structure. That program must include standards for the normal maintenance or replacement of degradable materials and the replacement of sand and vegetative cover. The Zoning Board of Appeals shall require the filing of an appropriate legal instrument against the subject property at the Office of the Suffolk County Clerk in form acceptable to the Town Attorney, which shall require the applicant and all future owners of the property to follow the long-term program for the repair, maintenance, or restoration of the structure. The Zoning Board of Appeals may require that the applicant for an erosion control structure assure the required maintenance by posting an appropriate undertaking and security with the Town.
G.
Water-dependent facilities. The provisions of Subsection F above shall not apply to bulkheads and similar structures which are part of a water-dependent facility in the Waterfront (WF) Use District, or which are part of a lawfully existing marina or recreational marina in any district.
H.
Docks. No dock, pier, wharf, or similar structure (hereafter, "dock") may be authorized by natural resources special permit on residential property or underwater lands adjacent thereto, unless the dock complies with the following standards or limitations, which are in addition to the other standards enumerated in this article for issuance of a natural resources special permit, including those specified with regard to coastal structures in Subsection E above:
(1)
If the property in question is already improved with a lawfully preexisting fixed dock, a natural resources special permit may authorize the reconstruction of that dock or its replacement with a new fixed dock.
(2)
If the property in question is not already improved with a lawfully preexisting fixed dock, the only type of dock which may be authorized by natural resources special permit is a floating dock, which shall be construed to mean that the dock meets the following requirements:
(a)
The horizontal weight-bearing construction on which persons and objects stand (which is itself commonly called the "dock") shall be no greater than five feet in width and shall be designed so that it floats on the surface of the water (i.e., so that it is a "floating dock");
(b)
Every part of the dock except the pilings shall be designed and shall be used so that it is removed during the winter months and reinstalled in the spring (i.e., so that the dock, excepting only the pilings, is "fully removable");
(c)
The dock shall be designed and sited so that, with the exception of the pilings, no part of the dock (including any catwalk and any ramp between a catwalk and the remainder of the dock) will contact the bottomland during a normal low tide;
(d)
The dock shall be the minimum length necessary to reach a point where the water depth at the seaward terminus of the dock (inclusive of any catwalk) is three feet at mean low water; provided, however, that such point shall not in any case be more than 80 feet seaward of mean high water, as measured on a perpendicular line from the mean high water mark;
(e)
Notwithstanding the provisions of Subsection H(1)(a) and (b) above, when necessary to maintain a floating dock in a floating condition through a normal tide range, access between the dock and shore may be provided by means of an elevated fixed walkway (commonly called a "catwalk") not more than five feet in width; provided, however, that no such catwalk shall extend more than 40 feet seaward of mean high water, as measured on a perpendicular line from the mean high water mark; and
(f)
A catwalk shall provide, in appropriate circumstances, for passage by the public along the beach or foreshore, e.g., by means of a removable or raised section (allowing vehicular passage) or steps or a ramp (allowing pedestrian passage).
(3)
Before approving a dock under the provisions of Subsection H(2) above, the Board of Appeals shall have first considered all reasonable alternatives which will allow the applicant to safely access and utilize a boat (e.g., rig line and pulley, free swinging mooring).
(4)
In considering whether to issue a natural resources special permit for a dock, the Board of Appeals shall consider whether the dock will have any of the following harmful effects:
(a)
Whether the dock will impair navigation;
(b)
Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing, and the like;
(c)
Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore;
(d)
Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock;
(e)
Whether the dock will cause degradation of surface water quality;
(f)
Whether the dock will result in the destruction of beds of eel grass (Zostera marina) or shellfish;
(g)
Whether the dock will unduly restrict tidal flow or water circulation; and
(h)
Whether the dock will despoil views from public parklands or roadways.
I.
CCA and other treated wood. No natural resources special permit which is required for projects or activities in tidal waters shall allow the use of wood which has been treated with copper chromated arsenate (CCA), ammoniacal copper quat (ACQ), or creosote unless it can be shown that no reasonable alternative material will serve the purpose for which the CCA-, ACQ-, or creasote-treated wood is intended to be used. In determining whether no reasonable alternative to the proposed wood exists, the Board of Appeals shall take into account the cost of alternative materials, their suitability for the intended use (e.g., structural stability), and any environmental benefit to using alternative materials.
J.
Harbor Protection Overlay District. For structures, lands, or uses located within the Harbor Protection Overlay District, the disturbance of natural vegetation and topography during construction activities shall be minimized to the greatest degree practicable. To this end, project-limiting fencing, siltation mesh, straw bales, or similar devices for controlling land disturbances and retarding erosion and siltation shall be required during construction and during any clearing or grading of land preparatory to or associated with construction activities.
K.
Deposit of materials within Coastal Erosion Overlay District. Apart from structures approved pursuant to this chapter, no fill or other material may be placed or deposited on beaches, dunes, or nearshore areas within the Coastal Erosion Overlay District except clean sand or gravel, having particles of a size equivalent to or slightly larger than that of the materials naturally occurring at the site in question. Where appropriate, such deposited material shall be stabilized by the planting of vegetation.
§ 255-5-100 Violations.
[Amended 9-4-1998 by L.L. No. 30-1998; 3-17-2006 by L.L. No. 7-2006; 7-21-2016 by L.L. No. 32-2016]
It shall be a violation of this chapter subject to the provisions of Article X hereof for any person to do any of the following:
A.
Failure to obtain special permit. To undertake or commence a use or activity for which a special permit is required by the provisions of this article without having first obtained said special permit. A violation of the provisions of this section shall be punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment not to exceed six months, or both.
B.
Violation of conditions of special permit. To violate or fail to comply with a condition or requirement of a special permit issued pursuant to this article. In addition to the provisions of Article X hereof, for a period of three years after the date of issuance, the local agency which issued any special permit shall retain jurisdiction and shall have during such period the right to modify, suspend or revoke the permit, in accordance with the standards and procedures for such continuing jurisdiction set forth in § 255-9-25 of this chapter. See also §§ 255-6-100 and 255-8-100 hereof.