East Hampton Village
City Zoning Code
City Zoning Code
§ 278-3
Area, setback and height regulations.
[Amended 3-15-1991 by L.L. No. 3-1991; 5-17-1991 by L.L. No. 6-1991; 9-16-1994 by L.L. No. 32-1994; 1-15-1999 by L.L. No. 1-1999; 6-16-2000 by L.L. No. 5-2000; 11-17-2000 by L.L. No. 7-2000; 3-15-2002 by L.L. No. 5-2002; 3-15-2002 by L.L. No. 6-2002; 6-21-2002 by L.L. No. 12-2002; 12-20-2002 by L.L. No. 19-2002; 3-21-2003 by L.L. No. 1-2003; 3-21-2003 by L.L. No. 2-2003; 6-18-2004 by L.L. No. 7-2004; 3-18-2005 by L.L. No. 7-2005; 3-14-2008 by L.L. No. 3-2008; 6-20-2008 by L.L. No. 5-2008; 4-17-2009 by L.L. No. 3-2009; 4-16-2010 by L.L. No. 4-2010; 9-17-2010 by L.L. No. 11-2010; 5-18-2012 by L.L. No. 6-2012; 5-18-2012 by L.L. No. 9-2012; 6-7-2012 by L.L. No. 10-2012; 10-19-2012 by L.L. No. 23-2012; 12-21-2012 by L.L. No. 26-2012; 1-18-2013 by L.L. No. 1-2013; 2-15-2013 by L.L. No. 8-2013; 4-19-2013 by L.L. No. 11-2013; 6-6-2013 by L.L. No. 14-2013; 11-15-2013 by L.L. No. 23-2013; 6-19-2015 by L.L. No. 13-2015; 6-19-2015 by L.L. No. 14-2015; 6-19-2015 by L.L. No. 15-2015; 9-18-2015 by L.L. No. 18-2015; 3-2-2017 by L.L. No. 6-2017; 9-15-2017 by L.L. No. 15-2017; 7-31-2019 by L.L. No. 8-2019; 8-20-2021 by Ord. No. 20-2021; 8-20-2021 by Ord. No. 21-2021; 8-20-2021 by Ord. No. 23-2021; 11-19-2021 by L.L. No. 28-2021; 11-19-2021 by L.L. No. 29-2021; 1-21-2022 by L.L. No. 3-2022; 4-28-2023 by L.L. No. 6-2023; 4-19-2024 by L.L. No. 6-2024; 12-18-2024 by L.L. No. 22-2024]
A.
Area, setback and coverage requirements.
(1)
Area requirements. No lot or parcel of land created after the effective date of this chapter shall be smaller in size than the following:
District | Size (square feet) |
|---|---|
Residence District R-160 | 160,000 |
Residence District R-80 | 80,000 |
Residence District R-40 | 40,000 |
Residence District R-20 | 20,000 |
(2)
Minimum building line width. Every lot created after the effective date of this chapter shall have a minimum building line width as follows:
District | Width (feet) |
|---|---|
Residence District R-160 | 160 |
Residence District R-80 | 160 |
Residence District R-40 | 100 |
Residence District R-20 | 100 |
(3)
Principal building front yard setback requirements. These restrictions apply to all lots located in residential districts regardless of the use of the structures thereon and to all lots used solely for residential purposes regardless of the classification of the underlying zoning district. Accessory dwelling units permitted pursuant to § 278-2B(7)(d) shall comply with principal building front yard setback requirements.
(a)
Except as hereinafter provided, no principal building shall extend within the following distances of any street line. Setbacks are according to the actual lot size within the following ranges:
Lot Size (square feet) | Distance (feet) |
|---|---|
Less than 10,000 | 25 |
10,000 or greater but less than 20,000 | 30 |
20,000 or greater but less than 30,000 | 35 |
30,000 or greater but less than 40,000 | 40 |
40,000 or greater but less than 80,000 | 50 |
80,000 or greater but less than 160,000 | 70 |
160,000 or greater | 80 |
(b)
The minimum front yard setback shall be at the applicable distances set forth above. However, where an existing residence is located inside the applicable front yard setback, that portion of the lot between the existing residence and the building envelope for the width of the existing residence is exempt from the required front yard setback, provided that side yard setbacks are met.
(4)
Principal building side and rear yard setbacks. These restrictions apply to all principal buildings on lots located in residential districts regardless of the use of the structures thereon and to all lots used solely for residential purposes regardless of the classification of the underlying zoning district unless otherwise exempt pursuant to Subsection A(4)(b) below. Accessory dwelling units permitted pursuant to § 278-2B(7)(d) shall comply with principal building side and rear yard setback requirements.
(a)
Except as hereinafter provided, no principal building shall extend within the following distances of any side yard or rear yard property line. Setbacks are according to the actual lot size within the following ranges:
Lot size (square feet) | Distance (feet) |
|---|---|
Less than 10,000 | 20 |
10,000 or greater but less than 20,000 | 22 |
20,000 or greater but less than 30,000 | 24 |
30,000 or greater but less than 40,000 | 26 |
40,000 or greater but less than 80,000 | 34 |
80,000 or greater but less than 160,000 | 50 |
160,000 or greater | 55 |
(b)
Notwithstanding the table above, the following structures attached or connected to a single-family residence or multifamily residence shall comply with accessory structure side and rear yard setback requirements: cellar stairwells not exceeding five-foot width and eighteen-foot length, chimneys not exceeding two-foot width and four-foot length, bulkhead enclosures not exceeding eight-foot length and five-foot width, window wells eight feet or less from the wall of a foundation, window wells not exceeding four-foot width and four-foot length, stoops not exceeding six-foot width and three-foot length. Building roof eaves may penetrate the above-described setbacks by no more than 24 inches.
(5)
Accessory building and structure setbacks. These restrictions apply to all residential accessory buildings and structures on lots located in residential districts and to all lots used solely for residential purposes regardless of the classification of the underlying zoning district.
(a)
No accessory building or structure shall extend within the following distances of any front property line. Setbacks are according to actual lot size within the following ranges:
Lot Size (square feet) | Distance (feet) |
|---|---|
Less than 20,000 | 35 |
20,000 or greater but less than 40,000 | 45 |
40,000 or greater but less than 80,000 | 55 |
80,000 or greater but less than 160,000 | 75 |
Greater than 160,000 | 85 |
(b)
No accessory building or structure shall extend within the following distances of any side yard or rear yard property line. Setbacks are according to the actual lot size within the following ranges:
Lot Size (square feet) | Distance (feet) |
|---|---|
Less than 20,000 | 10 |
20,000 or greater but less than 40,000 | 15 |
40,000 or greater | 20 |
(c)
The accessory building and structure setbacks required in § 278-3A(5)(b) shall be doubled for all playing courts, swimming pools, pool equipment and pool houses, which are not eligible for the relief provided in § 278-3A(6).
(d)
Retaining walls that do not exceed four feet in height as measured from natural grade, pedestrian walkways and garbage bins are exempt from the above-described setbacks but shall be set back a minimum of three feet from any front, side or rear property line.
(f)
No portion of a detached garage shall be placed anywhere within a front yard.
(g)
Dry wells and leaching pools installed for the purpose of controlling or retaining stormwater runoff or swimming pool discharge are exempt from the above described setbacks, but shall be set back a minimum of five feet from any front yard, side yard or rear yard property line and are not exempt from the setback requirements of Chapter 101, Chapter 124 or Chapter 163.
(6)
Relief provisions. In the case of lots which are nonconforming to current building line width as determined in § 278-3A(2), each side yard setback shall be reduced to 20% of the average lot width. The calculation shall be the average of two chords measured at the required front lot width and the required rear lot width. The minimum rear yard setback shall be at the applicable distance set forth in the table above or at a distance from the rear lot line equal to 20% of the average lot depth. This calculation shall be based upon the lot depth measured as two chords at the required side yard setback requirements. The flag pole portion of a flag lot shall not be used in calculating relief provisions. Diagrams illustrating the method of calculating the relief provisions are included at the end of this chapter as an attachment.
(7)
Ocean dune setbacks. Except as hereinafter provided, no building or structure shall be located within the following distance of a natural contour line at its nearest point to the mean high water mark of the Atlantic Ocean at the following elevation above the mean high water mark (See Chapters 101 and 124 of this Code for additional requirements.):
Location | Distance (feet) | Elevation (feet) |
|---|---|---|
To the west of Old Beach Lane | 100 | 15 |
To the east of Old Beach Lane | 25 | 20-foot continuous line |
(8)
Wetland setbacks. Except for docks, none of the following structures or activities shall be located within the following distances of the landward edge of any wetland (See Chapter 163 of this Code for additional requirements.):
Structure or Activity | Distance (feet) |
|---|---|
Building | 150 |
Septic system | 200 |
Clearing of land, landscaping or fertilization | 125 |
(9)
Permitted coverage.
(a)
Except as otherwise provided, the maximum permitted coverage for all structures on any lot or parcel of land in a residential district shall be 20% of lot area, except lots whose size is less than 40,000 square feet, which may have a maximum permitted coverage of 20% of lot area plus 500 square feet.
(b)
Driveways serving residential property, walkways over dunes, and a postman's walkway are exempt from coverage.
(c)
The maximum permitted coverage for all structures on any lot or parcel of land in the Commercial or Manufacturing-Industrial District shall be 60%. The maximum permitted coverage for all structures on any lot or parcel of land in the Core Commercial District shall be 80%.
(10)
Fences and gates.
(a)
No fence or gate shall be greater than 12 inches in depth, including its footing, or extend more than six feet in height as measured from natural grade, which shall not include any berms, preexisting or otherwise, except for fences designed in accordance with the following subsection.
(b)
Posts supporting the fence may extend to not more than eight feet in height as measured from natural grade, provided they are not less than six feet apart, and smooth, nonelectric, dark or neutral-colored wire may be strung horizontally between the posts at a separation of at least 12 inches for a total height not in excess of eight feet from the natural grade.
(c)
All fences shall have the face or finished side thereof facing the property line of the adjacent owner or adjacent street. The Building Inspector shall designate which side of the fence is the finished or face side of the fence.
(d)
No component of a gate or gate key pad shall be located within a Village, county or state street right-of-way.
(11)
Single-family residence district design standards.
(a)
The total area of any cellar extending beyond the exterior wall of the first story of the building in which it is located shall not exceed 25% of the gross floor area of the first floor. That portion of the cellar which extends beyond the exterior wall of the first story of the building in which it is located shall count toward coverage limits.
(b)
No cellar shall extend more than 15 feet below natural grade.
(c)
There shall be at least one common entrance on the ground floor, through which every room, other than a utility room, shall be readily accessible by passage through the interior of a single-family residence. The setback of any part of a cellar shall be the same as the structure under which it is located.
(d)
Any enclosed hallway, conditioned breezeway or other design element that functionally connects otherwise detached buildings shall have a width no less than half of its length.
(12)
A single-family residence in a commercial or manufacturing district is subject to the dimensional requirements applicable to a lot of the same size in a residential zoning district.
(13)
One-family and two-family detached dwellings.
(a)
The maximum gross floor area for one-family and two-family detached dwellings, as permitted in all residential districts, shall be 10% of the lot area plus 1,000 square feet or 20,000 square feet, whichever is less.
(b)
Where a lot is improved with one or more one-family or two-family detached dwellings and/or where a lot is improved with a separate detached building or buildings containing cooking or sleeping facilities, regardless of whether each such building is suitable for occupancy by a separate family as an independent dwelling unit, the gross floor area of all such buildings shall be combined and includable within the maximum gross floor area permitted pursuant to this section.
(14)
The maximum gross floor area for commercial buildings in all zoning districts shall be 10,000 square feet. For purposes of this section, if multiple buildings on the same lot or adjacent lots are operated as a single business, operation or enterprise or if the business or businesses within such individual buildings are owned, operated or controlled by a single entity, either directly or through affiliates, the maximum building area shall apply to all such buildings in the aggregate.
(15)
In commercial buildings, the use of attics for any purpose other than storage or mechanical equipment is prohibited.
(16)
The installation of design modifications and accessibility improvements shall be exempt from any applicable front, side and rear lot setback or lot coverage requirements.
(17)
Tennis courts and pickleball courts on residential property.
(a)
Tennis courts and pickleball courts are only permitted on lots containing a minimum area of 60,000 square feet.
(b)
Tennis courts and pickleball courts shall be constructed at least four feet below grade when measured from the lowest adjacent natural grade.
(c)
Pickleball courts shall be surrounded on three sides by a six-foot sound attenuation wall, placed no further than 10 feet from the edge of the court, constructed of a minimum of 3/4 inch solid boards, and with the middle section of the wall on the court side closest to the nearest adjoining property line, or at the discretion of the building inspector, a similar product with at least the same dbA noise-reduction impact may be used in lieu of solid fencing provided the height from the adjacent natural grade is at least six feet and the sound attenuation product covers three sides of the pickleball court.
B.
Height regulations.
(1)
Measurement. The height of a building or structure shall be measured from the average existing natural ground level within 10 feet of the building to the highest point of the roof or of any other structure on the roof, except chimneys. In determining average natural ground level, the level of driveways, areaways and entrances of abrupt change in elevation totaling 10% or less of the wall shall not be included. To determine natural ground level, the Building Inspector may require a topographical survey in two-foot increments.
(2)
Residence districts.
(a)
No principal residence or dwelling shall have a height exceeding the following limits:
Parcel Size (square feet) | Height A (feet) |
|---|---|
Less than 10,000 | 29 |
10,000 or greater but less than 20,000 | 30 |
20,000 or greater but less than 30,000 | 32 |
30,000 or greater but less than 40,000 | 33 |
40,000 or greater but less than 80,000 | 34 |
80,000 or greater but less than 160,000 | 35 |
160,000 or greater | 36 |
(b)
Within nine feet of the maximum permitted roof height an area equivalent to no more than 15% of the gross floor area on the first floor of the building shall be permitted to have a low pitch roof. Any low pitch roof area within nine feet of the maximum height limit shall be indicated on a two-dimensional roof plan and measured to the outside of the roof edge (drip line). Safety railings required by New York State statutes, codes, rules and regulations not exceeding 12 inches in width shall not be included in calculation of height.
(c)
No low pitch roof area within nine feet of the maximum permitted roof height shall be located closer to a lot line than the permitted setback plus six feet.
(d)
There shall be no average calculation of a roof pitch (using a steep pitch and a shallow pitch to arrive at an average pitch); however, the pitch of a conical, bell or dome cap shall be calculated as the average of slopes taken at six-inch intervals.
(3)
Commercial Districts. No flat-roofed building or structure shall exceed two stories or have a height exceeding 30 feet, and no building or structure with a roof other than a flat roof shall exceed two stories or have a height exceeding 35 feet. A "flat roof" is defined as a roof having no more than six inches of rise over 12 inches of run.
(4)
Manufacturing-Industrial Districts. No flat-roofed building or structure shall exceed two stories or have a height exceeding 30 feet, and no building or structure with a roof other than a flat roof shall exceed two stories or have a height exceeding 35 feet.
C.
Lighting. There shall be no lighting of private tennis courts or private basketball courts within the residential areas of the Village.
D.
Accessory building and structure design requirements.
(1)
The maximum gross floor area of all accessory buildings on a lot shall not exceed 2% of the lot area plus 200 square feet.
(2)
No accessory building shall contain more than one room on any level or story except an accessory building permitted pursuant to § 278-2B(7)(d) and (e) and § 278-3D(3) and (4) below.
(3)
No accessory building shall exceed 250 square feet of gross floor area except for a garage or an accessory building permitted pursuant to § 278-2B(7)(d) and (e).
(4)
Pool house design requirements:
(5)
Detached garage design requirements:
(a)
No habitable space, toilet, shower or bathtub shall be permitted inside a garage on any level.
(b)
No plumbing of any kind shall be permitted on the second floor over a garage.
(c)
A garage shall be accessible by an improved driveway, designed and capable for use for the storage of motor vehicles owned and regularly used by or on behalf of the owner or tenant of the lot.
(6)
Detached garage containing a pool house or recreation room design requirements. A pool house and a recreation room may be attached to an existing or proposed garage or located within a preexisting accessory structure in excess of 250 square feet of gross floor area when the following criteria are met:
(a)
The building shall conform with the required setbacks of § 278-3A(5)(c) and those of Chapter 101, Coastal Erosion Areas; Chapter 124, Preservation of Dunes; and Chapter 163, Freshwater Wetlands.
(b)
A pool house shall be located at ground level of the building and comply with the requirements of § 278-3D(4).
(c)
A recreation room shall be located on the second story of the building.
(d)
Interior plumbing associated with a recreation room shall be limited to a sink plus one powder room.
(e)
A recreation room shall not contain indoor showers, nor shall any recreation room contain cooking or sleeping facilities.
(f)
The portion of the garage to be utilized as a pool house or recreation room is restricted to said use and there shall be no internal passages into the garage portion of building.
(g)
The garage portion of the building shall be restricted to use as defined in § 278-1, and shall be accessible by an improved driveway, designed and capable for use for the storage of motor vehicles owned and regularly used by or on behalf of the owner or tenant of the lot.
(h)
The property owner shall file a declaration of convenants and restrictions with this subsection.
(7)
No pedestrian walkway, as defined in this chapter, shall it be designed or intended to be used as a patio, deck or similar accessory structure.
(8)
No accessory building or accessory structure shall exceed 14 feet in height, except a garage, which shall not exceed the following height limitations or the height limitations under § 278-3B(2), whichever is less.
(a)
On lots of less than 10,000 square feet, a garage shall not exceed 16 feet in height.
(b)
On lots greater than 10,000 square feet, but not more than 20,000 square feet, a garage shall not exceed 18 feet in height.
(c)
On lots of more than 20,000 square feet, a garage shall not exceed 20 feet in height.
E.
Transitional yards and screening. The following minimum required transitional yards and screening shall be provided on all lots in nonresidential districts that adjoin a residential district, except for those lots which adjoin nonresidential uses located within a residential zoning district, and on all lots within a residential district that are used for any use other than a one-family residential use, excluding those that adjoin nonresidential uses, in order to assure orderly and compatible relationships between residential and nonresidential properties.
(1)
Minimum required transitional side and rear yards shall be 30 feet, or, in residential districts, the otherwise applicable principal structure setback, whichever is greater. No structure and no parked motor vehicles shall be permitted in a required transitional yard.
(2)
Screening, such as fencing and/or landscape plantings, as approved by the Design Review Board, shall be installed and maintained in all required transitional side and rear yards. The purpose of the screening is to reduce to the greatest extent practicable the effects of the noise and light generated by nonresidential uses and their associated accessory uses, including parking, on adjacent residential properties. The Design Review Board shall require fencing and/or screening adequate to achieve this purpose, which may include a six-foot-tall fence along the property line(s) and an evergreen buffer a minimum of 20 feet wide, installed and maintained along the entire length of each residential property.
F.
On-site parking requirements for residential uses. Every lot used for a residential use shall provide on-site parking for a minimum of two vehicles.
G.
Window displays in commercial buildings. The owner or tenant of every commercial premises that is vacant, which shall be deemed to include any unit that is closed for business for a period of more than two weeks, shall maintain a display in every ground-level or first-floor window facing a public right-of-way during the period of vacancy. The display may be of merchandise or it may consist of the installation of a screen with graphics or posters placed at least four feet inside the windows. Examples of displays that will meet these requirements without the necessity for any permit applications can be found in the Guidelines for Vacant and Closed Stores, available at Village Hall. When a real estate or contractor's sign is posted in a window of such premises, it shall be posted only in a lower corner on either side of the window.