East Hampton Village, NY Zoning Ordinance

For the purpose of this chapter, the Village of East Hampton is hereby divided into classes of zoning districts as follows:

Residence District R-160

Residence District R-80

Residence District R-40

Residence District R-20

Residence District R-12

Limited Office District

Core Commercial District

Commercial District

Manufacturing-Industrial District

The boundaries of these districts are hereby established and continued as indicated in the Building Zone Map, prepared by George Walbridge Surveyors P.C., dated October 15, 2004, which accompanies and is hereby declared to be a part of this chapter.[1]

[1]

Editor's Note: The Zoning Map is included in a pocket at the end of this volume and is available through the online version of the Code (eCode360®).

A Use Table in matrix form is hereby created. This table sets forth the permitted and special permitted uses in each individual use district. If a particular land use is not listed on the Use Table, that particular use is prohibited and unlawful in the district or zone to which the table applies.[2]

[2]

Editor's Note: The Use Table is included as an attachment to this chapter.

Residential zoning districts. In any residential district, no building, structure or premises shall be used or arranged or designed to be used in any part for other than one or more of the following specified purposes:

One single-family residence having not more than two stories.

The owner of a single-family residence must obtain a license from the Code Enforcement Officer before renting a guest room to paying guests. Such permits shall be issued on an annual basis. The Code Enforcement Officer may deny or revoke a permit if it is determined by the Code Enforcement Officer that the premises is not in compliance with the following provisions or any other requirements of this Code:

There must be a valid, subsisting certificate of occupancy for the one-family residence and all accessory structures.

No more than four motor vehicles may be parked on site outside a fully enclosed garage between the hours of 12:00 midnight and 6:00 a.m.

The exterior lighting on the premises must be in compliance with the provisions of the Village of East Hampton Outdoor Lighting Code and the provisions of Chapter 196 (Noise).

The premises shall be subject to inspection by the Code Enforcement Officer.

Home professional office.

(4)

Home occupation.

(5)

Nurseries. Nurseries, truck gardens and greenhouses, provided that any greenhouse heating plant and any building in which farm animals are kept shall be distant not less than 20 feet from any lot line.

(6)

Special permit uses (for procedure, see § 278-7). Schools, public libraries, museums, churches, parish houses and Sunday school buildings, the buildings of membership clubs devoted to outdoor sports and social and recreational buildings and premises and soldiers' or sailors' memorial buildings, except those a chief is activity of which is one customarily carried on as a gainful business; and public or charitable institutional buildings not of a correctional nature.

(7)

Accessory uses and accessory buildings.

Accessory uses, buildings and structures, as defined in the definitional section, are permitted in the residential districts.

(Reserved)[3]

[3]

Editor's Note: Former Subsection B(7)(b), which allowed a second dwelling to be located on a lot that is already improved with a single-family residence, was repealed 2-15-2013 by L.L. No. 7-2013. This local law also provided that it shall not apply to any application for a permit to construct on a residential lot a building accessory to a single-family residence which contains dwelling accommodations, provided such application is for a permit to build pursuant to a development plan that was, on or before December 31, 2012, determined by the Zoning Board of Appeals to meet all of the requirements of § 278-2B(7)(b) of the Zoning Code as of the date of such determination.

Tents used exclusively for recreational camping purposes and tents erected for not more than 21 days in any one calendar year are permitted in residential districts, provided that all other permits that may be required, including but not limited to a special events permit or a tent permit required pursuant to the codes of New York State, are obtained.

One detached or attached accessory dwelling unit located on a property designated as a timber-frame landmark as defined in § 278-1, containing separate cooking and/or sleeping accommodations, provided that: i) the combined gross floor area of the building or buildings containing dwelling accommodations shall not exceed the maximum permitted gross floor area; ii) the gross floor area of such accessory dwelling unit shall not exceed 35% of the maximum permitted gross floor area or 3,000 square feet, whichever is less (unless the landmark building or an accessory structure existing at the time of the adoption of this subsection becomes the accessory dwelling, in which case the gross floor area shall not exceed 40% of the maximum permitted gross floor area or 3,700 square feet, whichever is less), and iii) the accessory dwelling unit shall not have more than four bedrooms. The height regulations of § 278-3B shall be applicable to accessory dwelling units permitted pursuant to this section.

Accessory dwelling unit. One detached accessory dwelling unit designed for cooking and/or sleeping purposes, located on a property containing 60,000 square feet or more that is located in a residential district and which contains a primary single-family residence. Such accessory dwelling unit authorized in this subsection shall be limited as follows: (i) an accessory dwelling unit may have no more than two bedrooms; (ii) shall not exceed the maximum ground floor area for accessory structures, but shall be counted toward the ground floor area of the principal structure; (iii) the occupancy of an accessory dwelling unit shall be limited to the family and/or guests of the occupants of the primary single-family residence, and/or to employees working on the premises or working in the primary dwelling unit; and (iv) an accessory dwelling unit may not be rented separately from the primary dwelling unit. The accessory dwelling unit must meet the setback requirement of the principal structure. The use of any parcel of land for both a single-family residence and an accessory dwelling unit as provided in this subsection shall be a conforming use under the Code of the Village of East Hampton, and shall not be considered a prohibited use and/or nonconforming use pursuant to §278-1B(2)(e) of this Code, provided that a declaration of covenants and restrictions with respect to the parcel on which the accessory dwelling unit is located is recorded with the County Clerk which limits the use of the accessory dwelling as set forth herein. The height regulations of §278-3B shall apply to an accessory dwelling permitted pursuant to this subsection. The issuance of any building permit for such use shall require the installation of an innovative alternative septic system for all dwelling units on the subject real property.

Limited Office District.

Permitted uses. In any Limited Office District, a primary residential structure in existence on May 1, 1989, may be used for either two offices or one office on the first floor and one apartment on the second floor.

Design Review Board approval. Before any structure located in the Limited Office District may be utilized in accordance with a permitted use, it must be approved by the Design Review Board pursuant to Chapter 121 of the Code of the Village of East Hampton.

Parking.

One parking space shall be provided for each 200 square feet of gross floor area. Notwithstanding the above, the Design Review Board shall have the right to waive and/or restrict the above-required parking spaces pursuant to the applicable provisions of Chapter 121, Design and Site Plan Review. No payment to the Village of East Hampton Public Off-Street Parking Trust Fund shall be required in the event that any parking spaces are waived or restricted.

The total number of employees, independent contractors and principal operators and tenants that occupy the building shall not exceed the lesser of eight or 75% of the parking spaces required by Subsection C(3)(a) above.

Commercial and Core Commercial Zoning Districts.

Permitted uses. In any Commercial Zoning District, buildings or premises may be used in whole or in part for any purpose permitted in any residential district and also for any of the following purposes:

Retail store, provided that the display and sale of all goods or merchandise is confined to the interior of the building.

Bank.

Office: business, utility, professional or sales.

(Reserved)

Nursery, greenhouse.

(f)

Hospital (not for the insane or feebleminded).

(g)

Telephone exchange.

(h)

(Reserved)

(i)

Public parking field.

(j)

Printing shop.

(k)

Apartment on second floor.

(l)

Restaurant, but not fast-food restaurants or drive-ins.

(m)

Personal service shop: barbershop, beauty parlor, travel agency or similar shop.

(n)

Take-out food store.

Prohibited uses. The following uses are specifically prohibited in any Commercial Zoning District:

All manufacturing garages or garages in which machinery is used, stables, junkyards, new and/or used car lots and fuel filling stations.

The wholesaling of merchandise, unless it is incidental and subordinate to a business dealing primarily in retail.

All manufacturing, producing, processing, fabricating, converting, altering, finishing and assembling.

The storage of gas in quantities exceeding 500 cubic feet or in quantities exceeding 50 cubic feet if the pressure is greater than 100 pounds per square inch.

All automobile, truck, van or other vehicle rental businesses or franchises.

(f)

All fast-food restaurants or drive-ins.

(g)

Tents, whether or not temporary, including tents erected as accessory structures.

(h)

Nightclubs and similar establishments.

Apartments. Notwithstanding the above, apartments on the second floors of commercial structures shall be permitted, provided that the following conditions are satisfied:

Each apartment shall contain not less than 500 square feet nor more than 800 square feet of livable floor space.

No apartment shall contain more than two bedrooms, and each bedroom shall be at least 100 square feet in size.

Any structure in which an apartment is located shall contain a fire detection system in conformity with Article 12, Part 1060, of the New York State Uniform Fire Prevention and Building Code, and shall otherwise comply with all state and local building, construction and fire prevention codes affecting the Village of East Hampton.

Notwithstanding anything to the contrary herein contained, no apartment shall be allowed in a building which contains a high-hazard occupancy as defined by the New York State Uniform Fire Prevention and Building Code.

Manufacturing-Industrial Zoning Districts.

Permitted uses. In any Manufacturing-Industrial District, buildings or premises may be used in whole or in part for any purpose permitted in any residential zoning district or commercial zoning district and also for any of the following purposes:

Warehouse: establishment used for interior warehousing and storage facilities, including self-storage facilities, but not including any outdoor storage of goods.

Service trades: a place of work for building trade shops or contractors, including but not limited to electrician, plumbing, landscaping, building and construction contractors’ shops.

Ice plant: establishment engaged in manufacture and/or wholesale distribution or retail sales of ice.

Laundry: establishment providing self-operated machines for washing and drying clothes or an establishment in the business of cleaning clothes, fabrics or rugs.