Riverhead City Zoning Code
PART 2
Districts
§ 301-5 Classes of districts.
A.
In order to designate districts for the purpose of this chapter, the Town of Riverhead is hereby divided into the following zoning use districts in the order listed in the table of contents of Chapter 301, Zoning and Land Development:
[Last amended 12-17-2024 by L.L. No. 47-2024]
RA40 | Residence A-40 Zoning Use District |
RB40 | Residence B-40 Zoning Use District |
RA80 | Residence A-80 Zoning Use District |
RB80 | Residence B-80 Zoning Use District |
APZ | Agriculture Protection District |
RC | Residence RC Zoning Use District (Retirement Community) |
HR | Hamlet Residential Zoning Use District |
HC | Hamlet Center Zoning Use District |
VC | Village Center Zoning Use District |
RLC | Rural Corridor Zoning Use District |
TRC | Tourism/Resort Campus Zoning Use District |
MRP | Multifamily Residential Professional Office Zone Zoning Use District |
CRC | Commercial/Residential Campus Zoning Use District |
BUS PB | Business PB Zoning Use District |
BUS F | Business F Zoning Use District (Manufacturer's Outlet Center Overlay Zone) |
CBD | Community Benefit Zoning Use District |
BC | Business Center Zoning Use District |
BUS CR | Business CR Zoning Use District (Rural Neighborhood Business) |
CO | Calverton Office Zoning Use District |
DRC | Destination Retail Center Zoning Use District |
SC | Shopping Center Zoning Use District |
H | Hospital Zoning Use District |
CI | Calverton Industrial Zoning Use District |
LI | Light Industrial Zoning Use District |
Industrial Receiving District | |
Adult Uses | |
DC-1 | Downtown Center 1: Main Street Zoning Use District |
DC-2 | Downtown Center 2: Waterfront Zoning Use District |
DC-3 | Downtown Center 3: Office Zoning Use District |
DC-4 | Downtown Center 4: Office/Residential Transition Zoning Use District |
DC-5 | Downtown Center 5: Residential Zoning Use District |
PRC | Peconic River Community Zoning Use District |
RFC | Riverfront Corridor Zoning Use District |
Arts District | |
OSC | Open Space Conservation Zoning Use District |
NRP | Natural Resources Protection Zoning Use District |
PIP | Planned Industrial Park Zoning Use District |
PRP | Planned Recreational Park Zoning Use District |
Pine Barrens Overlay District |
B.
No building or structure shall be erected or altered nor shall any building or premises be used for any purpose other than a use permitted in the district in which such building or premises is located.
§ 301-6 Boundaries of districts.
[Amended 7-6-2005 by L.L. No. 16-2005]
The boundaries of said districts are hereby established as shown on the map entitled "Zoning Map, Town of Riverhead, Suffolk County, New York," as last amended on the date which map is hereby made a part of this chapter, and all notations, references and other things shown thereon shall be as much a part of this chapter as if fully described herein.[1] Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be constructed to be such boundaries.
B.
Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.
C.
Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets or to the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.
D.
Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tract of said railroad line.
E.
Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Riverhead unless otherwise indicated.
[1]
Editor's Note: The Zoning Map is on file in the Town Clerk's office.
§ 301-7 Purpose and intent.
The intent of the Residence A-40 (RA40) Zoning Use District is to allow medium-density residential development and medium- to high-density development provided through the transfer of development rights (TDR) pursuant to Article XLII, Transfer of Development Rights, of this chapter or the construction of workforce housing pursuant to guidelines on file and administered by the Town of Riverhead Community Development Agency.
§ 301-8 Uses.
In the RA40 Zoning Use District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
B.
Specially permitted uses, by special permit of the Town Board:
(1)
Dwelling, two-family, with transferred development rights.
(2)
Overhead electrical power transmission and distribution lines in excess of 13 kilovolts.
(3)
Day-care facility conducted in a residence.
(4)
Nursery school conducted in a residence.
(5)
Home occupations or professions conducted within an accessory building by the residents thereof.
[Added 6-2-2010 by L.L. No. 13-2010]
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
(1)
Home occupations or professions conducted within the dwelling by the residents thereof.
[Amended 6-2-2010 by L.L. No. 13-2010]
§ 301-9 Accessory buildings and structures.
A.
Location.
(1)
No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows:
(a)
In a front yard.
(b)
In a side yard, unless the accessory building is 50 feet from a side street line, 20 feet from a property line and 10 feet from any other building.
(c)
In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 50 feet from a side street line and rear street line.
(d)
One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 50 feet from a side street line and rear street line.
[Amended 7-19-2011 by L.L. No. 21-2011]
(2)
Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one-family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street.
B.
Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-10 Living area.
No dwelling shall be erected unless provisions shall be made therein as follows:
A.
For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,200 square feet of living area.
§ 301-11 Lot, yard, bulk and height requirements.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this article by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 301-12 Nonconforming lots.
With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.
§ 301-13 Purpose and intent.
The intent of the Residence B-40 (RB40) Zoning Use District is to allow medium-density residential development.
§ 301-14 Uses.
In the RB40 Zoning Use District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses and specially permitted uses and their customary accessory uses:
B.
Specially permitted uses, by special permit of the Town Board:
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
(1)
Home occupations or professions conducted within the dwelling by the residents thereof.
[Amended 6-2-2010 by L.L. No. 13-2010]
§ 301-15 Accessory buildings and structures.
A.
Location.
(1)
No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows:
(a)
In a front yard.
(b)
In a side yard, unless the accessory building is 50 feet from a side street line, 20 feet from a property line and 10 feet from any other building.
(c)
In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 50 feet from a side street line and rear street line.
(d)
One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 50 feet from a side street line and rear street line.
[Amended 7-19-2011 by L.L. No. 21-2011]
(2)
Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one-family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street.
B.
Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-16 Living area.
No dwelling shall be erected unless provisions shall be made therein as follows:
A.
For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,200 square feet of living area.
§ 301-17 Lot, yard, bulk and height requirements.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this article by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 301-18 Nonconforming lots.
With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.
§ 301-19 Purpose and intent.
The intent of the Residence A-80 (RA80) Zoning Use District is to allow for low-density residential development and medium-density residential development with transfer of development rights (TDR), to allow for the preservation of appropriate agricultural parcels, to ensure the preservation of the historic integrity and rural character of the Sound Avenue corridor and to conserve wooded areas and other natural features.
§ 301-20 Uses.
In the RA80 Zoning Use District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses:
(1)
Agricultural production, including but not limited to the following:
(a)
Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans.
(b)
Fruits, including apples, peaches, grapes, cherries and berries.
(c)
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.
(d)
Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.
(e)
Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs.
(f)
Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump.
(g)
Commercial horse-boarding operations.
(2)
Licensed small animal and bird rehabilitation on a parcel a minimum of 10 acres with lot coverage not to exceed 20% for this use.
[Added 8-1-2006 by L.L. No. 26-2006]
(3)
Dwelling, one-family.
(4)
Attached single-family dwelling units within a cluster development.
[Amended 7-19-2005 by L.L. No. 33-2005]
(5)
Riding academy, corral and training of horses, including but not limited to private polo chukkers.
(6)
Greenhouse, provided that the subject parcel is a minimum of five acres. A permanent greenhouse to be used for retail sales shall be subject to site plan review and approval.
[Amended 9-6-2006 by L.L. No. 36-2006]
B.
Specially permitted uses, by special use permit of the Town Board:
(1)
Bed-and-breakfast.
(2)
Overhead electrical power transmission and distribution lines in excess of 13 kilovolts.
(3)
Educational institution without boarding facilities or dormitories, private.
(4)
Day-care facility conducted in a residence.
(5)
Golf course (standard), with or without clubhouse.
(6)
An accessory dwelling unit on a lot of 10 acres or more with a maximum living area of 1,000 square feet, provided that the total number of dwelling units yielded by the original subdivision creating such lot is not exceeded.
(7)
Home occupations or professions conducted within an accessory building by the residents thereof.
[Added 6-2-2010 by L.L. No. 13-2010]
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
(1)
Home occupations or professions conducted within the dwelling by the residents thereof.
[Amended 6-2-2010 by L.L. No. 13-2010]
(2)
The sale at retail of homegrown or homemade products, provided that all retail uses shall be subject to site plan approval pursuant to Article LVI, Site Plan Review, and the other provisions of this chapter. The farmer may sell supporting farm products and farm products not grown by the farmer, provided that the area devoted to the sale of said products at no time exceeds 40% of the total merchandising area.
§ 301-21 Accessory buildings and structures.
A.
Location.
(1)
No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows:
(a)
In a front yard.
(b)
In a side yard, unless the accessory building is 60 feet from a side street line, 25 feet from a property line and 10 feet from any other building.
(c)
In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line.
(d)
One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line.
[Amended 7-19-2011 by L.L. No. 21-2011]
(2)
Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one-family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street.
B.
Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-22 Living area.
No dwelling shall be erected unless provisions shall be made therein as follows:
A.
For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,500 square feet of living area for the first story.
§ 301-23 Lot, yard, bulk and height requirements.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 301-24 Cluster development and additional subdivision requirements.
[Amended 1-21-2009 by L.L. No. 2-2009]
A.
Purpose and intent. It is the purpose of this article to require cluster development pursuant to § 278 of the Town Law in order to allow for maximum flexibility in achieving a compatible arrangement of agricultural and residential land uses and to protect prime agricultural soils, scenic vistas, and significant natural features.
B.
In order to accomplish the clustering of residential lots within the RA80 Zoning Use District, an applicant for subdivision shall provide a standard yield plan and a cluster plat which succeeds in preserving agricultural land for agricultural use to the greatest extent practicable. In its review of a cluster subdivision plat, the Planning Board shall consider the following:[1]
(1)
The location and extent of prime agricultural soils;
(2)
The location of wooded areas;
(3)
The location and extent of natural features;
(4)
The general topography and the location and extent of sloped areas;
(5)
The spatial relationship of the property to contiguous or neighboring preserved agricultural land;
(6)
The general stormwater tributary area and the extent and direction of overland drainage.
C.
Cluster development in this article shall require that a minimum of 70% of Class I or Class II prime agricultural soils are preserved through the creation of farm lots or preservation of 70% of land as open space, recording of agricultural or open space easements which restrict division of said lot(s), coverage and such other items as the Planning Board deems appropriate to preserve the agriculture and scenic vistas created by the farm lot or open space area.
D.
The Planning Board may approve a cluster subdivision with a reduced percentage of preserved prime agricultural soils or open space based upon unique characteristics of land such that public utilities, streets, arrangement of lots or existence of natural features require development with less than 70% preservation of prime agriculture soils or open space. In the event that the Planning Board approves a cluster subdivision that preserves less than 70% of prime agricultural soils or open space, the Planning Board must set forth all considerations, practical difficulties, and/or reasons supporting a decision to approve the cluster plat within the resolution approving the preliminary plat. In no event may the Planning Board approve a cluster subdivision plat with less than 50% of the area of the tract being preserved as prime soils or open spaces area.
§ 301-25 Guidelines for cluster development.
[Amended 1-21-2009 by L.L. No. 2-2009]
The Planning Board shall apply the following guidelines in addition to Article LIII, Subdivision Regulations, and Article LIV, Cluster Development, of this chapter, for all cluster subdivisions:
A.
The cluster subdivision plat shall be designated so as to situate the agricultural lots or open space along an existing highway or roadway or adjacent to existing agricultural lots or preserved land or such other location such that maximum preservation of agricultural and scenic vistas are achieved.
B.
The agricultural lot shall be laid out so as to provide for one building area, and said building area shall be counted towards yield. The Planning Board shall describe the square footage of the building area, and the Planning Board may, in its discretion, require that the building area be plotted on the subdivision map. The Planning Board shall require covenants and restrictions to enforce dimensional requirements, lot coverage, impervious surface limits, retention or plan for all stormwater runoff for both the residential and agricultural components of the subject property as set forth in the Town Code, and such other items the Planning Board deems appropriate to conform with the intent of the cluster regulations, including, but not limited to, location and limitation of parking, outdoor storage, clearing limits, and means of ingress and egress. The Planning Board shall require covenants and restrictions to be filed affecting the aforestated prior to issuance of final plat approval.
C.
The agricultural lot must be laid out so as to provide a minimum lot size of 10 acres. An agricultural lot with a lot size greater than 20 acres shall only be divided if required to ensure appropriate arrangement of lots, streets and public utilities or preserve or highlight existence of natural features. An agricultural lot shall prohibit erection, construction, or placement of any structures, permanent or temporary, without prior approval of the Planning Board.
D.
Within the RA80 Zoning Use District, no more than 53% of wooded areas existing upon a tract shall be cleared.
E.
The Planning Board shall not cluster lots in order to create golf courses, playgrounds, tennis courts, swimming pools or any other amenity as required open space. The sole purpose of the cluster plat is to preserve agricultural land for agricultural use and other natural features and open space to the greatest extent practicable.[1]
§ 301-26 Nonconforming lots.
With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.[1]
§ 301-27 Purpose and intent.
The intent of the Residence B-80 (RB80) Zoning Use District is to allow for low-density single-family residential development and encourage protection of prime agricultural soils where appropriate.
§ 301-28 Uses.
In the RB80 Zoning Use District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses:
(1)
Agricultural production, including but not limited to the following:
(a)
Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans.
(b)
Fruits, including apples, peaches, grapes, cherries and berries.
(c)
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.
(d)
Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.
(e)
Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs.
(f)
Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump.
(g)
Commercial horse-boarding operations.
(2)
Dwelling, one-family.
(3)
Attached single-family dwelling units within a cluster subdivision.
[Amended 7-19-2005 by L.L. No. 32-2005]
(4)
Riding academy, corral or facilities for the training of horses, including but not limited to private polo chukkers.
(5)
Greenhouse, provided that the subject parcel is a minimum of five acres. A permanent greenhouse to be used for retail sales shall be subject to site plan review and approval.
[Amended 9-6-2006 by L.L. No. 36-2006]
B.
Specially permitted uses, by special permit of the Town Board:
(1)
Bed-and-breakfast.
(2)
Overhead electrical power transmission and distribution lines in excess of 13 kilovolts.
(3)
Educational institution without boarding facilities or dormitories, private.
(4)
Day-care facility conducted in a residence.
(5)
Golf course (standard), with or without clubhouse.
(6)
An accessory dwelling unit with a maximum living area of 1,000 square feet on a lot of 10 acres or more, provided that the total number of dwelling units yielded by the original subdivision creating such lot is not exceeded.
(7)
Professional offices of attorneys, architects, medical doctors, or dentists, provided that the subject real property conforms to the following conditions:
[Added 1-21-2009 by L.L. No. 6-2009]
(a)
The property is improved with a single-family residence at the time of the adoption of this Subsection B(7).
(b)
The professional office use shall be within the building footprint of the existing single-family residence.
(c)
The property has frontage along New York State Route 25 between Route 105 and the Town boundary with the Town of Southold.
(8)
Home occupations or professions conducted within an accessory building by the residents thereof.
[Added 6-2-2010 by L.L. No. 13-2010]
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
(1)
Home occupations or professions conducted within the dwelling by the residents thereof.
[Amended 6-2-2010 by L.L. No. 13-2010]
(2)
The sale at retail of homegrown or homemade products, provided that all retail uses shall be subject to site plan approval pursuant to Article LVI, Site Plan Review, and the other provisions of this chapter. The farmer may sell supporting farm products and farm products not grown by the farmer, provided that the area devoted to the sale of said products at no time exceeds 40% of the total merchandising area.
§ 301-29 Accessory buildings and structures.
A.
Location.
(1)
No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows:
(a)
In a front yard.
(b)
In a side yard, unless the accessory building is 60 feet from a side street line, 25 feet from a property line and 10 feet from any other building.
(c)
In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line.
(d)
One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line.
[Amended 7-19-2011 by L.L. No. 21-2011]
(2)
Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one-family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street.
B.
Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-30 Living area.
No dwelling shall be erected unless provisions shall be made therein as follows:
A.
For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,500 square feet of living area for the first story.
§ 301-31 Lot, yard, bulk and height requirements.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this article by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 301-32 Cluster development and additional subdivision requirements.
[Amended 1-21-2009 by L.L. No. 1-2009]
A.
Purpose and intent. It is the purpose of this article to require cluster development pursuant to § 278 of the Town Law in order to allow for maximum flexibility in achieving a compatible arrangement of agricultural and residential land uses and to protect prime agricultural soils, scenic vistas, and significant natural features.
B.
In order to accomplish the clustering of residential lots within the RB80 Zoning Use District, an applicant for subdivision shall provide a standard yield plan and a cluster plat which succeeds in preserving agricultural land for agricultural use to the greatest extent practicable. In its review of a cluster subdivision plat, the Planning Board shall consider the following:[1]
(1)
The location and extent of prime agricultural soils;
(2)
The location of wooded areas;
(3)
The location and extent of natural features;
(4)
The general topography and the location and extent of sloped areas;
(5)
The spatial relationship of the property to contiguous or neighboring preserved agricultural land;
(6)
The general stormwater tributary area and the extent and direction of overland drainage.
C.
Cluster development in this article shall require that a minimum of 70% of Class I or Class II prime agricultural soils are preserved through the creation of farm lots or preservation of 70% of land as open space, recording of agricultural or open space easements which restrict division of said lot(s), coverage and such other items as the Planning Board deems appropriate to preserve the agriculture and scenic vistas created by the farm lot or open space area.
D.
The Planning Board may approve a cluster subdivision with a reduced percentage of preserved prime agricultural soils or open space based upon unique characteristics of land such that public utilities, streets, arrangement of lots or existence of natural features require development with less than 70% preservation of prime agriculture soils or open space. In the event that the Planning Board approves a cluster subdivision that preserves less than 70% of prime agricultural soils or open space, the Planning Board must set forth all considerations, practical difficulties, and/or reasons supporting a decision to approve the cluster plat within the resolution approving the preliminary plat. In no event may the Planning Board approve a cluster subdivision plat with less than 50% of the area of the tract being preserved as prime soils or open spaces area.
§ 301-33 Guidelines for cluster development.
[Amended 1-21-2009 by L.L. No. 1-2009]
The Planning Board shall apply the following guidelines in addition to Article LIII, Subdivision Regulations, and Article LIV, Cluster Development, of this chapter, for all cluster subdivisions:
A.
The cluster subdivision plat shall be designated so as to situate the agricultural lots or open space along an existing highway or roadway or adjacent to existing agricultural lots or preserved land or such other location such that maximum preservation of agricultural and scenic vistas are achieved.
B.
The cluster subdivision plat must depict an arrangement of residential lots so as to reduce, to the maximum extent practicable, any nuisance or conflict between residential and agricultural uses, both within the tract and in relation to adjoining and nearby tracts, and to demonstrate compatibility of the cluster plat with existing residential development and agricultural land uses.
C.
The residential portion of the cluster subdivision plat must be so laid out, and protected during construction, as to remain as harmonious to the greatest extent practicable with the natural environment minimizing the clearing of treed areas, the grading of earth, removal of soils, and precluding the disturbance of surface waters and wetlands and other similar disturbances of the natural environment pursuant to Chapter 295, Wetlands, of the Riverhead Town Code.
D.
The agricultural lot shall be laid out so as to provide for one building area, and said building area shall be counted towards yield. The Planning Board shall describe the square footage of the building area, and the Planning Board may, in its discretion, require that the building area be plotted on the subdivision map. The Planning Board shall require covenants and restrictions to enforce dimensional requirements, lot coverage, impervious surface limits, retention or plan for all stormwater runoff for both the residential and agricultural components of the subject property as set forth in the Town Code, and such other items the Planning Board deems appropriate to conform with the intent of the cluster regulations, including, but not limited to, location and limitation of parking, outdoor storage, clearing limits, and means of ingress and egress. The Planning Board shall require covenants and restrictions to be filed affecting the aforestated prior to issuance of final plat approval.
E.
The agricultural lot must be laid out so as to provide a minimum lot size of 10 acres. An agricultural lot with a lot size greater than 20 acres shall only be divided if required to ensure appropriate arrangement of lots, streets and public utilities or preserve or highlight existence of natural features. An agricultural lot shall prohibit erection, construction, or placement of any structures, permanent or temporary, without prior approval of the Planning Board.
F.
The Planning Board shall not cluster lots in order to create golf courses, playgrounds, tennis courts, swimming pools or any other amenity as required open space. The sole purpose of the cluster plat is to preserve agricultural land for agricultural use and other natural features and open space to the greatest extent practicable.[1]
§ 301-34 Nonconforming lots.
With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.
§ 301-35 Purpose and intent.
The intent of the Agriculture Protection Zoning Use District (APZ) is to facilitate existing and future agricultural land uses; to preserve existing prime agricultural soils; to maintain highly productive agricultural lands by limiting encroachment of nonagricultural development; to minimize the conflicts between agricultural and nonagricultural uses; to discourage residential sprawl and minimize adverse fiscal impacts through the extension of municipal services; to maintain agricultural vistas; to promote agro-tourism; and to preserve the rural character of the Town of Riverhead.
§ 301-36 Uses.
In the APZ District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses:
(1)
Agricultural production, including but not limited to the following:
(a)
Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans.
(b)
Fruits, including apples, peaches, grapes, cherries and berries.
(c)
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.
(d)
Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.
(e)
Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs.
(f)
Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump.
(g)
Commercial horse-boarding operations.
(2)
Dwelling, one-family.
(3)
Attached single-family dwellings within a cluster subdivision.
[Amended 7-19-2005 by L.L. No. 34-2005]
(4)
Riding academy, corral or facilities for the training of horses, including but not limited to private polo chukkers.
(5)
Greenhouse, provided that the subject parcel is a minimum of five acres. A permanent greenhouse to be used for retail sales shall be subject to site plan review and approval.
[Amended 9-6-2006 by L.L. No. 36-2006]
B.
Specially permitted uses, by special use permit of the Town Board:
[Amended 1-21-2009 by L.L. No. 5-2009; 4-7-2009 by L.L. No. 11-2009]
(1)
Bed-and-breakfast.
(2)
Overhead electrical power transmission and distribution lines in excess of 13 kilovolts.
(3)
Kennel, commercial.
(4)
Educational institution without boarding facilities or dormitories, private.
(5)
Day-care facility conducted in a residence.
(6)
An accessory dwelling unit with a maximum living area of 1,000 square feet on a lot of 10 acres or more, provided that the total number of dwelling units yielded by the original subdivision creating such lot is not exceeded.
(7)
Professional offices of attorneys, architects, medical doctors, or dentists, provided that the subject real property conforms to the following conditions:
(a)
The property is improved with a single-family residence at the time of the adoption of this Subsection B(7).
(b)
The professional office use shall be within the building footprint of the existing single-family residence.
(c)
The property has frontage along New York State Route 25 between Route 105 and the Town boundary with the Town of Southold.
(8)
Home occupations or professions conducted within an accessory building by the residents thereof.
[Added 6-2-2010 by L.L. No. 13-2010]
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
(1)
Home occupations or professions conducted within the dwelling by the residents thereof.
[Amended 6-2-2010 by L.L. No. 13-2010]
(2)
The sale at retail of homegrown or homemade products, provided that all retail uses shall be subject to approval pursuant to Article LIIA, Farm Stand Review, of this chapter and all provisions set forth in Article LIIA, including but not limited to the definitions and principal use criteria set forth in §§ 301-283.2 and 301-283.4.
[Amended 5-6-2008 by L.L. No. 16-2008; 10-6-2015 by L.L. No. 19-2015]
(4)
Farm operations.
§ 301-37 Accessory buildings and structures.
A.
Location.
(1)
No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows:
(a)
In a front yard.
(b)
In a side yard, unless the accessory building is 60 feet from a side street line, 25 feet from a property line and 10 feet from any other building.
(c)
In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line.
(d)
One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line.
[Amended 7-19-2011 by L.L. No. 21-2011]
(2)
Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one-family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street.
B.
Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-38 Living area.
No dwelling shall be erected unless provisions shall be made therein as follows:
A.
For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,500 square feet of living area.
§ 301-39 Lot, yard, bulk and height requirements.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this article by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. Further, all nonagricultural buildings constructed within the APZ shall be of a design and incorporate exterior materials as to exhibit rural character.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 301-40 Cluster development and additional subdivision requirements.
[Amended 1-21-2009 by L.L. No. 3-2009]
A.
Purpose and intent. It is the purpose of this article to require cluster development pursuant to § 278 of the Town Law in order to allow for maximum flexibility in achieving a compatible arrangement of agricultural and residential land uses and to protect prime agricultural soils and scenic vistas without impeding agricultural land use on a portion of a property or on adjacent or nearby properties.
B.
In order to accomplish the clustering of residential lots within the APZ, an applicant for subdivision shall provide a standard yield plan and a cluster plat which succeeds in preserving agricultural land for agricultural use to the greatest extent practicable. In its review of a cluster subdivision plat, the Planning Board shall consider the following:[1]
(1)
The location and extent of prime agricultural soils;
(2)
The location of wooded areas;
(3)
The location and extent of natural features;
(4)
The general topography and the location and extent of sloped areas;
(5)
The spatial relationship of the property to contiguous or neighboring preserved agricultural land;
(6)
The general stormwater tributary area and the extent and direction of overland drainage.
C.
Cluster development in this article shall require that a minimum of 70% of Class I or Class II prime agricultural soils are preserved through the creation of farm lots or preservation of 70% of land as open space, recording of agricultural or open space easements which restrict division of said lot(s), coverage and such other items as the Planning Board deems appropriate to preserve the agriculture and scenic vistas created by the farm lot or open space area.
D.
The Planning Board may approve a cluster subdivision with a reduced percentage of preserved prime agricultural soils or open space based upon unique characteristics of land such that public utilities, streets, arrangement of lots or existence of natural features require development with less than 70% preservation of prime agriculture soils or open space. In the event that the Planning Board approves a cluster subdivision that preserves less than 70% of prime agricultural soils or open space, the Planning Board must set forth all considerations, practical difficulties, and/or reasons supporting a decision to approve the cluster plat within the resolution approving the preliminary plat. In no event may the Planning Board approve a cluster subdivision plat with less than 50% of the area of the tract being preserved as prime soils or open spaces area.
§ 301-41 Guidelines for cluster development.
[Amended 1-21-2009 by L.L. No. 3-2009]
The following guidelines are to be applied in addition to Article LIII, Subdivision Regulations, and Article LIV, Cluster Development, in this chapter, and shall apply to all cluster subdivisions within the APZ:
A.
The cluster subdivision plat shall be designated so as to situate the agricultural lots or open space along Sound Avenue or NYS Route 25 or adjacent to existing agricultural lots or preserved land or such other location such that maximum preservation of agricultural and scenic vistas are achieved.[1]
B.
The cluster subdivision plat must locate and arrange the residential lots so as to protect, to the maximum extent practicable, that portion of the tract preserved for agricultural use.
C.
The cluster subdivision plat must depict an arrangement of residential lots so as to reduce, to the maximum extent practicable, any nuisance or conflict between residential and agricultural uses, both within the tract and in relation to adjoining and nearby tracts and to demonstrate compatibility of the cluster plat with existing residential development and agricultural land uses.
D.
The residential portion of the cluster subdivision plat must be so laid out, and protected during construction, as to remain as harmonious to the greatest extent practicable with the natural environment, minimizing the clearing of treed areas, the grading of earth, removal of soils, and precluding the disturbance of surface waters and wetlands and other similar disturbances of the natural environment pursuant to Chapter 295, Wetlands, of the Riverhead Town Code.
E.
The agricultural lot shall be laid out so as to provide for one building area, and said building area shall be counted towards yield. The Planning Board shall describe the square footage of the building area, and the Planning Board may, in its discretion, require that the building area be plotted on the subdivision map. The Planning Board shall require covenants and restrictions to enforce dimensional requirements, lot coverage, impervious surface limits, retention or plan for all stormwater runoff for both the residential and agricultural component of the subject property as set forth in the Town Code, and such other items the Planning Board deems appropriate to conform with the intent of the cluster regulations, including, but not limited to, location and limitation of parking, outdoor storage, clearing limits, and means of ingress and egress. The Planning Board shall require covenants and restrictions to be filed affecting the aforestated prior to issuance of final plat approval.
F.
The agricultural lot must be laid out so as to provide a minimum lot size of 10 acres. An agricultural lot with a lot size greater than 20 acres shall only be divided if required to ensure appropriate arrangement of lots, streets and public utilities or preserve or highlight existence of natural features. An agricultural lot shall prohibit erection, construction or placement of any structures, permanent or temporary, without prior approval of the Planning Board.
G.
The Planning Board shall not cluster lots in order to create golf courses, playgrounds, tennis courts, swimming pools or any other amenity as required open space. The sole purpose of the cluster plat is to preserve agricultural land for agricultural use and other natural features and open space to the greatest extent practicable.[2]
H.
The Planning Board may review applications for cluster subdivisions which preserve standard golf courses that exist as of the date of enactment of the amendment of this Subsection H, subject to the following restrictions:
[Added 1-21-2009 by L.L. No. 11-2009]
(1)
The yield shall be 66% of the yield allowed in the applicable zoning use district.
(2)
As set forth in § 301-207, there shall be no allocation of preservation credits made for the real property improved with a standard golf course, including that portion designated for the residential cluster.
(3)
Cluster subdivision shall be limited to homeowner association realty subdivisions. The Planning Board shall not entertain or approve condominium maps pursuant to Article LVIII, Condominium Maps, of this chapter.
(4)
All residential units shall be restricted to owners and occupants of the age of 55 years or older with the following exceptions:
(a)
A husband and wife under the age of 55 years who resides with his or her spouse who is 55 years of age or over.
(b)
Children and grandchildren residing with their parents or grandparents where one of said parents or grandparents with whom the child or children or grandchild or grandchildren is/are residing is 55 years of age or older, provided that said child or children or grandchild or grandchildren are over the age of 19 years.
(c)
Adults under 55 years of age may be admitted as permanent residents if it is established to the satisfaction of the Town Board that the presence of such person is essential for the physical care and economic support of the eligible older person.
§ 301-42 Nonconforming lots.
With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.
§ 301-43 Purpose.
It is the purpose of this article to implement the recommendations of the Comprehensive Plan to permit the construction of high-density living accommodations with suitable facilities and services that are sufficiently adequate to provide seniors and disabled older individuals with comfortable and safe home-like housing in a congregate setting while providing a continuum of care that allows seniors and older individuals to age in place, and to further provide services that encourage personal independence and enhance the quality of life. In addition, it is the intent of the Town Board to provide a diversity of housing types to be located in close proximity to shopping, medical offices, public services and public transportation. Particular development applications made pursuant to this zoning use district will require the transfer of development rights pursuant to Article XLII, Transfer of Development Rights, of this chapter.[1]
§ 301-44 Uses.
In the Residence RC District (Retirement Community), no building, structure or premises shall be used or arranged or designed to be used and no building shall be hereafter erected, reconstructed or altered or occupied, unless otherwise provided in this chapter for the following specially permitted uses:
A.
One-family dwelling units, either attached or detached, designed to provide living accommodations for persons 55 years of age or older.
B.
Independent congregate-living residences.
C.
Assisted-living retirement community.
D.
Continuing-care retirement community.
E.
Accessory uses. Accessory uses shall include structures, buildings or improvements which are located on the same lot as the principal use and are customarily incidental to the principal use and designed for the sole use of the residents of the community or their guests.
§ 301-45 Lot, yard, dimensional, yield and height requirements.
No building shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
A.
The as-of-right development yield for one-family dwelling units, either attached or detached, for persons 55 years of age or older as provided under § 301-44A shall not exceed one dwelling unit per 40,000 square feet of land area without the use of transferred development rights pursuant to Article XLII, Transfer of Development Rights, of this chapter.
B.
There shall be dimensional requirements for all residential units within the Residence RC Zoning Use District, to wit:
(1)
Independent dwelling units within a continuing-care retirement community shall not exceed 1,200 square feet and shall not be less than 600 square feet.
(2)
All other units within either an assisted-living retirement community or a continuing-care retirement community shall not exceed 1,050 square feet and shall not be less than 350 square feet.
(3)
There shall be a maximum of two bedrooms for all residential units within either an assisted-living retirement community or a continuing-care retirement community.
C.
The development yield for all residential units within either an affordable assisted-living retirement community or an affordable continuing-care retirement community shall be as follows:
D.
The development yield for all residential units within either a conventional assisted-living retirement community or a conventional continuing-care facility shall be as follows:
(1)
Independent living units shall not exceed two dwelling units per 40,000 square feet of real property. Independent living units shall not exceed four dwelling units per acre with the redemption of development rights, at a rate of one additional unit per development right.
(2)
Assisted-living units shall not exceed four dwelling units per 40,000 square feet of real property. Assisted-living units shall not exceed eight dwelling units per acre with the redemption of development rights, at a rate of one additional unit per development right.
E.
The lot area shall not be less than 15 acres of contiguous real property in single or consolidated ownership. The contemplated development shall not be subdivideable. Multiple lots shall be consolidated prior to the approval of the relevant special permit.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 301-46 Additional requirements.
The site plan shall show, in addition to all other requirements of this chapter, the following:
A.
All lots shall be located within the Town of Riverhead Water District and Sewer District or be located within 1,500 feet of the Water District and Sewer District and subject to approval for the requisite capacity for the proposed development. The applicant shall be responsible for all costs related to application for Water and/or Sewer District extension and costs related to extension of the appurtenances to include the parcel in the water and sewer districts.
B.
The method of water supply and of sewage disposal, conforming to Health Department requirements.
C.
At least 30% of the total site area shall be devoted to open space which shall be kept in its natural state or landscaped and maintained with grass for passive recreational uses such as picnic areas, walking trails, gardening and horticultural.
D.
The use of interconnecting walkways, trails and natural walking paths for pedestrian traffic shall be an integral part of the design of any development to facilitate access between common areas, groups of dwelling units and open space areas.
E.
All primary walkways and sidewalks shall meet Americans with Disabilities Act (ADA) requirements. Trails and natural walking paths are exempt from this requirement; however, the Town encourages maximizing accessibility to all residents. Due consideration shall be given to planning walks, ramps, and driveways to prevent slipping, stumbling, and handrails and ample places for rest shall be strategically provided.
F.
A buffer strip of not less than 10 feet in width consisting of massed trees and shrubbery or existing mature vegetation supplemented by new landscaping shall be maintained alongside front and rear property lines, except the buffer area shall be 25 feet in width along any lot line abutting a residential district or use. The trees and shrubbery shall consist of evergreens and deciduous plant material which, when planted, shall be at least six feet tall and when mature shall be maintained at a height of not less than eight feet, so as to provide an effective natural screen. No structure shall be permitted within this strip or buffer.
G.
All utilities shall be placed underground, including telephone, electric and cable telephone service.
H.
All parking shall comply with the Parking Schedule set forth in § 301-231 of this chapter, notwithstanding the following:
I.
The proposed method of collection and disposal of stormwater, designed so as not to interfere with adjoining properties or burden public facilities.
J.
The proposed lighting facilities for the safety of pedestrian and vehicular traffic, with exterior spotlighting of buildings or grounds to be from shaded sources and located so that the light beams are not directed toward any lot in a residential district or toward a public highway.
K.
The provisions of this section (§ 301-46) which were added by Local Law No. 9-2012, adopted on June 19, 2012, are intended to and shall take effect for those parcels designated or mapped as Retirement Community after the effective date of Local Law No. 9-2012. Parcels that were mapped as Retirement Community prior to June 19, 2012, shall be subject to the additional requirements of § 301-46 in effect prior to June 19, 2012.
[Added 3-1-2016 by L.L. No. 8-2016]
§ 301-47 Purpose and intent.
The intent of the Hamlet Residential (HR) Zoning Use District is to allow for low-density single-family residential development and medium-density single-family residential development with transferred development rights.
§ 301-48 Uses.
In the HR Zoning Use District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses:
(1)
Dwelling, one-family.
(2)
Parks and playgrounds, noncommercial.
(3)
Attached single-family dwelling units.
(4)
Agricultural production, including but not limited to the following:
[Added 8-7-2007 by L.L. No. 23-2007]
(a)
Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans.
(b)
Fruits, including apples, peaches, grapes, cherries and berries.
(c)
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.
(d)
Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.
(e)
Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs.
(f)
Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump.
(g)
Commercial horse-boarding operations.
B.
Specially permitted uses, by special permit of the Town Board:
(1)
Bed-and-breakfast.
(2)
Day-care facility conducted in a residence.
(3)
Overhead electrical power transmission and distribution lines in excess of 13 kilovolts.
(4)
Nursery school when conducted in a residence.
(5)
Home occupations or professions conducted within an accessory building by the residents thereof.
[Added 6-2-2010 by L.L. No. 13-2010]
(6)
Small animal rehabilitation conducted by licensed rehabilitators. The licensed rehabilitator shall also be a resident thereof. Small animals shall include rabbits, squirrels, possums, turtles and birds. In addition to the items to be considered in connection with a special permit by the Town Board as set forth elsewhere under Chapter 301, the applicant for a special permit shall establish the following:
[Added 9-6-2017 by L.L. No. 18-2017]
(a)
The rehabilitation area is not greater than 750 square feet.
(b)
The rehabilitation area shall be completely enclosed.
(c)
The applicant is a licensed New York State DEC rehabilitator.
(d)
The applicant does not charge any fee for services.
(e)
The applicant may not have any paid employees or staff. Nothing herein shall prevent the applicant from having assistants that are not paid.
(f)
No sign shall be posted upon the premises designating it as a small animal rehabilitator.
(g)
The rehabilitation area shall not be open to the public.
(h)
All waste from the small animals shall be placed in closed containers and disposed off site not less than two times weekly.
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses when located on the same lot. Specifically permitted are the following:
(1)
Home occupations or professions conducted within the dwelling by the residents thereof.
[Amended 6-2-2010 by L.L. No. 13-2010]
§ 301-49 Accessory buildings and structures.
A.
Location.
(1)
No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows:
(a)
In a front yard.
(b)
In a side yard, unless the accessory building is 60 feet from a side street line, 25 feet from a property line and 10 feet from any other building.
(c)
In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line.
(d)
One accessory building with a maximum floor area of 144 square feet or less, a maximum height of 12 feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line.
[Amended 7-19-2011 by L.L. No. 21-2011]
(2)
Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height which may be erected on the lot lines of the front yard or any existing street line of a one-family dwelling, and fences not exceeding six feet in height which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street.
B.
Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-50 Living area.
No dwelling shall be erected unless provisions shall be made therein as follows:
A.
For a single-family dwelling, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,500 square feet of living area for the first story.
§ 301-51 Lot, yard, bulk and height requirements.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this article by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 301-52 Cluster development and additional subdivision requirements.
A.
Purpose and intent. It is the purpose of this article to encourage cluster development pursuant to § 278 of the Town Law in order to allow for maximum flexibility in achieving a compatible arrangement of residential lots and environmentally sensitive lands.
B.
In order to accomplish the clustering of residential lots within the HR Zoning Use District, an applicant for subdivision shall provide a standard yield plan and a cluster plat, which succeeds in preserving natural features and the community character of a traditional residential neighborhood to the greatest extent practicable. In its review of a cluster subdivision plat, the Planning Board shall consider the following:[1]
(1)
The location of wooded areas;
(2)
The location and extent of natural features;
(3)
The general topography and the location and extent of sloped areas;
(4)
The spatial relationship of the property to contiguous or neighboring preserved agricultural land;
(5)
The general stormwater tributary area and the extent and direction of overland drainage.
§ 301-53 Guidelines for cluster development.
The residential portion of the cluster subdivision plat must be so laid out, and protected during construction, as to remain as harmonious to the greatest extent practicable with the natural environment minimizing the clearing of treed areas, the grading of earth, removal of soils, and precluding the disturbance of surface waters and wetlands and other similar disturbances of the natural environment pursuant to Chapter 295, Wetlands, of the Riverhead Town Code.
§ 301-54 Nonconforming lots.
With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to § 301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.
§ 301-55 Purpose and intent.
The intent of the Hamlet Center (HC) Zoning Use District is to provide small clusters of shops and professional services in a rural setting, with a residential character. Development is intended to be pedestrian-friendly, small-scale, and clustered in a campus-style pattern. The HC Zoning Use District is intended to have larger front and side setbacks and more landscaping than the Village Center (VC) Zoning Use District.
§ 301-56 Uses.
In the HC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses:
(1)
Retail stores.
(2)
Art galleries and arts and craft shops.
(3)
Antiques stores and home furnishing stores.
(4)
Personal services.
(5)
Specialty food stores, wine shops and bakeries with retail sales on premises.
(6)
Restaurants, cafes, banquet facilities, and ice cream parlors.
(7)
Offices.
(8)
Professional offices.
(9)
Museums.
(10)
Libraries.
(11)
Schools.
(12)
Places of worship.
(13)
Apartments on upper floors.
(14)
One-family dwellings upon lots with a minimum area of 80,000 square feet.
[Added 9-15-2009 by L.L. No. 50-2009]
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot.
§ 301-57 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
New buildings in the HC Zoning Use District shall comply with the lot, yard, bulk and height requirements of the Zoning Schedule. However, the Town Board shall have discretion during site plan approval to grant variances in front setbacks based on the contextual pattern of nearby commercial or residential properties, so as to maintain a unified street wall pattern.
C.
Exemptions. Bay windows, unenclosed porches, and other projections shall be exempt from calculation of building area, in order to provide incentives for variety in facade design. However, such projections shall be required to meet the setback requirements of the Zoning Schedule.
§ 301-58 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 19-2009]
The design, buffer and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
The principal building entrance and front shall face the primary street frontage and sidewalk.
(2)
Building design and landscaping should serve to reinforce and announce the main pedestrian building entrances.
(3)
Walkways shall be provided for safe and convenient pedestrian access from sidewalks to storefront entries, and from storefronts to adjacent public parks and residential and commercial areas.
(4)
Special materials, such as brick or cobblestones and picket fences, are encouraged for walkways in hamlet areas, particularly those with older or historic buildings.
(5)
For ground-floor commercial space, at least 50% of the linear width of the front facade shall be comprised of transparent windows. Where shade is desired, awnings are encouraged. Windows may not be obscured more than 20% by opaque banners, or either permanent or temporary advertisements or signs.
(6)
The exteriors of buildings shall utilize natural cladding materials such as wood, brick, stucco, stone or a combination of such materials. The use of synthetic, metallic, and reflective materials should be avoided.
(7)
Building shape, proportions, massing, and design should be appropriate to the historic character of the hamlet in which the building is located. Architectural features such as porches, porticoes, shutters, decorative door and window frames, balconies, cornices, dormers, chimneys, turrets, and spires should be used to reinforce a pedestrian scale and create interest and variety in the facade.
(9)
Buffering and transitions.
(a)
Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(b)
Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial uses and adjoining residential uses or zones.
(c)
Deliveries and loading activities shall to the extent possible be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays.
B.
Parking standards.
(1)
The number of off-street parking spaces in the HC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter.
(2)
Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to 20% reduction in off-street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times.
(3)
Parking requirements may be reduced with payment of a fee or land dedication in lieu of providing off-street parking as provided for in § 301-231.
(4)
Off-street parking areas or garages shall be recessed at least 15 feet back from the front property line.
(5)
Curb cuts to parking lots and garages shall be minimized by sharing driveways for access to adjacent parking lots. However, curb cuts and driveways are prohibited along the front property line for properties less than 30 feet in width; in these situations, parking must be accessed from a rear alley, side street, or shared rear lot.
(6)
Shared parking lots with cross-access agreements are encouraged so as to allow drivers to park in one lot and walk to other businesses without moving their cars, or to drive from one lot to another without returning to the street.
(7)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 15% of their land area.
(8)
In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges.
(9)
In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Entire parking areas shall be surfaced with gravel, rather than pavement.
(b)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(c)
Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
C.
Additional requirements.
[Added 2-17-2016 by L.L. No. 5-2016]
(1)
Hours of operation of retail business establishments. As used herein, a "retail business establishment" shall mean and include a retail store, shop, or other business establishment in which goods, wares, foods, commodities, articles or products are sold at retail, except that a retail business establishment shall not be construed to include any business establishment licensed to sell alcoholic beverages at retail for on-premises consumption. No retail business establishment shall remain open for business during the five-hour period between 12:00 midnight and 5:00 a.m. Every retail business establishment shall be closed to the public during the aforementioned five-hour period, and business with the public therein is prohibited after the hour of 12:00 midnight and before the hour of 5:00 a.m. of every day.
§ 301-59 Purpose and intent.
The intent of the Village Center (VC) Zoning Use District is to transform village commercial nodes into vibrant "Main Streets" with small shops, restaurants, and professional services following a traditional pattern of development and design in a compact, pedestrian-oriented setting.
§ 301-60 Uses.
In the VC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses:
[Amended 2-7-2006 by L.L. No. 7-2006]
(1)
Retail stores.
(2)
Antiques stores.
(3)
Art galleries.
(4)
Arts and crafts shops.
(5)
Personal services.
(6)
Restaurants, cafes, banquet facilities and ice cream parlors.
(7)
Bakeries with retail sales on premises, and specialty food stores.
(8)
Banks.
(9)
Professional offices (excluding veterinary offices).
(10)
Museums.
(11)
Libraries.
(12)
Schools.
(13)
Places of worship.
(14)
Parks and playgrounds.
(15)
Apartments on upper floors.
B.
Special permit uses:
(1)
Indoor recreation facilities.
(2)
Day-care establishments and nursery schools.
(3)
Live entertainment as a principal use.
(4)
Bed-and-breakfast establishments.
(5)
One-family dwellings.
(6)
Microbreweries, brewpubs, microcideries, and microwineries are subject to the following additional criteria:
[Added 2-2-2016 by L.L. No. 2-2016]
(a)
The use shall not be located within 200 feet of a house of worship or 500 feet of a school.
(b)
The use shall be limited to serving prepackaged food products unless the applicant obtains approval and a certificate of occupancy for use as a brewpub or restaurant use within that portion of the premises used for preparation and service of food.
(c)
The use shall permit tastings and sale for on-site consumption, subject to all required permits and approvals required by state and local laws, rules and regulations.
(d)
The use shall permit sales for off-site consumption (i.e., filling of growlers) limited to 1,000 barrels annually and offers to licensed retailers and wholesalers limited to 2,500 barrels of beer, cider or wine annually.
(e)
Processing and manufacturing shall not exceed 10,000 barrels (310,000 gallons) annually.
(f)
All manufacturing and processing activities, including storage of grains, shall take place within an enclosed building.
(g)
A maximum of 70% of the total square footage shall be used for manufacture and processing.
(h)
A minimum of 30% shall be used for sale and marketing of the manufactured product.
(i)
All sales and marketing shall be located in the portion of the building located along road frontage.
(j)
A microbrewery, brewpub, microcidery, or microwinery use shall be required to hook up to the sewer system and enter into a monitoring agreement with the Sewer District to determine flow and calculate use fee. (Note: A separate hook-up and fee shall be assessed for a pub/restaurant use related to a brewpub.)
(k)
All loading areas shall be located in the rear portion of the building.
§ 301-61 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
New buildings in the VC Zoning Use District shall comply with the lot, yard, bulk and height requirements of the Zoning Schedule. However, the Town Board shall have discretion during site plan approval to grant variances in front setbacks based on the contextual pattern of nearby commercial or residential properties, so as to maintain a unified street wall pattern.
§ 301-62 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 14-2009]
The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) of this section which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
The principal building entrance and front shall face the primary street frontage and sidewalk.
(2)
Building design and landscaping should serve to reinforce and announce the main pedestrian building entrances.
(3)
Development shall provide walkways for safe and convenient pedestrian access to storefront entries from sidewalks, and to link storefronts to any nearby public parks and residential and commercial areas.
(4)
For ground-floor commercial space, at least 25% of linear width of the front facade shall be comprised of transparent windows. Where shade is desired, awnings are encouraged. Windows may not be obscured more than 20% by opaque banners, or either permanent or temporary advertisements or signs.
(5)
The exteriors of buildings shall utilize natural cladding materials such as wood, brick, stucco, stone or a combination of such materials. The use of synthetic, metallic, and reflective materials should be avoided.
(6)
Building shape, proportions, massing, and design should be appropriate to the historic character of the commercial center in which the building is located. Architectural features such as porches, porticoes, shutters, decorative door and window frames, balconies, cornices, dormers, chimneys, turrets, and spires should be used to create pedestrian-scale interest and variety in the facade.
(8)
Buffering and transitions.
(a)
Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(b)
Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial uses and adjoining residential uses or zones.
(c)
Deliveries and loading activities shall to the extent possible be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays.
B.
Parking standards.
(1)
The number of off-street parking spaces in the VC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter.
(2)
Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to 20% reduction in off-street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times.
(3)
Parking requirements may be reduced with payment of a fee or land dedication in lieu of providing off-street parking as provided for in § 301-231.
(4)
Off-street parking shall not be permitted in the front yard. Parking shall be sited to rear of buildings, away from street frontage(s) when possible, or to the side of buildings. In all cases, garages and parking areas shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line.
(5)
Curb cuts to parking lots and garages shall be minimized by sharing driveways for access to adjacent parking lots. However, curb cuts and driveways are prohibited along the front property line for properties less than 30 feet in width; in these situations, parking must be accessed from a rear alley, side street, or shared rear lot.
(6)
Shared parking lots with cross-access agreements are encouraged so as to allow drivers to park in one lot and walk to other businesses without moving their cars, or to drive from one lot to another without returning to the street.
(7)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 15% of their land area.
(8)
In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges.
(9)
In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Entire parking areas shall be surfaced with gravel, rather than pavement.
(b)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(c)
Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
C.
Additional requirements.
[Added 2-17-2016 by L.L. No. 6-2016]
(1)
Hours of operation of retail business establishments. As used herein, a "retail business establishment" shall mean and include a retail store, shop, or other business establishment in which goods, wares, foods, commodities, articles or products are sold at retail, except that a retail business establishment shall not be construed to include any business establishment licensed to sell alcoholic beverages at retail for on-premises consumption. No retail business establishment shall remain open for business during the five-hour period between 12:00 midnight and 5:00 a.m. Every retail business establishment shall be closed to the public during the aforementioned five-hour period, and business with the public therein is prohibited after the hour of 12:00 midnight and before the hour of 5:00 a.m. of every day.
§ 301-63 Purpose and intent.
The intent of the Rural Corridor (RLC) Zoning Use District is to allow a very limited range of roadside shops and services that are compatible with the agricultural and rural setting along major arterial roads, such as New York State Route 25, leading into Downtown Riverhead and areas zoned Hamlet Center (HC) or Village Center (VC).
§ 301-64 Uses.
In the RLC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses:
(1)
Agricultural production.
(2)
Antique stores and craft stores.
(3)
Retail stores or shops on properties with frontage along either side of New York State Route 25 between South Jamesport and Washington Avenues and their logical extensions.
(4)
Nurseries.
(5)
Museums.
(6)
Libraries.
(7)
Schools.
(8)
Places of worship.
(9)
Parks and playgrounds.
(10)
Single-family and two-family houses.
B.
Special permit uses:
(1)
Professional offices, provided they are within 1/4 mile of the Hamlet Center (HC) or Village Center (VC) Zoning Use Districts.
(2)
Country inns, provided they are within 1/4 mile of the HC or VC Zoning Use Districts.
(3)
Funeral homes, provided they are within 1/4 mile of the HC or VC Zoning Use Districts.
(4)
Bistros, cafes.
(5)
Bed-and-breakfast establishments.
(6)
Professional offices of attorneys, architects, medical doctors, or dentists, provided that the subject real property conforms to the following conditions:
[Added 6-17-2008 by L.L. No. 17-2008]
(a)
The property is improved with a single-family residence at the time of the adoption of this Subsection B(6).
(b)
The professional office use shall be within the building footprint of the existing single-family residence.
(c)
The property has frontage along New York State Route 25 between Route 105 and the Town boundary with the Town of Southold.
(7)
Existing structures may be enlarged for use as professional offices of attorneys, architects, medical doctors, or dentists as wellness facilities or as general offices, provided that the subject property conforms to the following:
[Added 9-6-2017 by L.L. No. 19-2017]
(a)
Such property must be designated as a landmark pursuant to Article II of Chapter 241 of the Town Code of the Town of Riverhead or be property that is located in and contributes to the character of a designated historic district, created pursuant to Article III of Chapter 241 of the Town Code of the Town of Riverhead.
(d)
Additions to and alteration and rehabilitation of exteriors are approved by the Town's Landmarks Preservation Commission prior to commencement of work.
(e)
The floor area of additions shall not exceed 100% of the floor area of the existing structure or 3,000 square feet, whichever is less.
(f)
The lot coverage of additions shall not exceed the total lot coverage allowed for this zone.
(g)
The property has frontage along New York State Route 25 between Route 105 and the Town boundary with the Town of Southold.
§ 301-65 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
New buildings in the RLC Zoning Use District shall comply with the lot, yard, bulk and height requirements of the Zoning Schedule. However, the Town Board shall have discretion during site plan approval to grant variances in front setbacks based on the contextual pattern of nearby commercial or residential properties, so as to maintain a unified street wall pattern.
§ 301-66 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 18-2009]
The design, buffer and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
For all parcels three acres or greater in area, the proposed floor area shall be distributed into a minimum of four buildings, with no building having a footprint greater than 5,000 square feet.
(2)
Properties within 1/4 mile of a Downtown Center (DC), Hamlet Center (HC) or Village Center (VC) Zoning Use District shall provide sidewalks within the public right-of-way abutting their properties. Otherwise, sidewalks are specifically discouraged.
(3)
In order to minimize their visual impacts on the predominantly rural corridors, nonagricultural uses shall be housed in residential or farm-style buildings.
(4)
Nonagricultural-use buildings should echo the character of the district's residences or farmhouses in terms of shape, roofline, and massing. The exteriors of buildings shall utilize natural cladding materials such as wood, brick, stucco, stone or a combination of such materials. The use of synthetic, metallic, and reflective materials should be avoided.
(5)
Agricultural-use buildings should harmonize with the agricultural character of the area through appropriate use of materials, paint colors, and landscaping.
B.
Parking standards.
(1)
The number of off-street parking spaces in the RLC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter.
(2)
Parking is prohibited in the front yard. Parking shall be provided to the side or rear of buildings.
(3)
Where site grading and topography result in parking areas being located at higher elevation than and visible from the adjacent roadway, planted berms shall be used to screen the view of automobiles from public roadways.
(4)
In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting for shade: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges.
(5)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 15% of their land area.
(6)
In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management measures shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Entire parking areas shall be surfaced with gravel, rather than impervious pavement.
(b)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(c)
Landscaped areas shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
C.
Additional requirements.
[Added 2-17-2016 by L.L. No. 4-2016]
(1)
Hours of operation of retail business establishments. As used herein, a "retail business establishment" shall mean and include a retail store, shop, or other business establishment in which goods, wares, foods, commodities, articles or products are sold at retail, except that a retail business establishment shall not be construed to include any business establishment licensed to sell alcoholic beverages at retail for on-premises consumption. No retail business establishment shall remain open for business during the five-hour period between 12:00 midnight and 5:00 a.m. Every retail business establishment shall be closed to the public during the aforementioned five-hour period, and business with the public therein is prohibited after the hour of 12:00 midnight and before the hour of 5:00 a.m. of every day.
§ 301-67 Purpose and intent.
The intent of the Tourism/Resort Campus (TRC) Zoning Use District is to provide opportunities for overnight accommodations and recreational amenities in a campus setting with significant open space preserves.
§ 301-68 Uses.
In the TRC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
(1)
Art galleries.
(2)
Retail stores and personal service shops, as accessory to a hotel use and enclosed within the hotel building, and intended to serve guests only. Such accessory shall not exceed 10% of the total floor area of rooms provided.
(3)
Recreational facilities, including equestrian facilities, accessory to and restricted to resort guests.
(4)
Catering halls and restaurants, when accessory to a hotel, not to exceed a total of 300 seats.
(5)
Tavern, not to exceed 50 seats.
§ 301-69 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
In order to foster environmental conservation as well as preservation of the Town's scenic and rural quality, all properties shall provide a contiguous open space area equal to at least 70% of the lot area, to be designed as follows:
(1)
At least 50% of such open space areas shall be planted with native species or left in its undisturbed natural form in order to enhance the appearance and function of the tidal wetlands and other native habitats.
(2)
The remaining open space portion on the property shall be attractively landscaped with lawns, shrubs, flowerbeds, or nonimpervious recreation areas.
(3)
In conformance with the best management practices of the Comprehensive Conservation and Management Plan (CCMP) of the Peconic Estuary Program.
§ 301-70 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 26-2009]
The design, buffer and parking standards listed in the provisions below (Subsections A, B and C of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection C(1) of this section which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
Driveway openings and curb cuts shall be aligned with the existing curb cuts along major arterial roads in order to reduce the potential addition of traffic lights and conflicting turning movements.
(2)
In order to protect the health of the waterways, the use of lawns and other plantings which rely on fertilizers and herbicides is strongly discouraged along areas bordering waterfronts.
(3)
Resort projects shall be set back at least 100 feet from all property lines and waterfront areas.
B.
Buffering and transitions.
(1)
Trash/dumpster areas shall be screened from view of streets, sidewalks, pedestrian pathways, and windows of residential buildings, pursuant to § 245-8.
(2)
Resort developments shall provide dense natural or landscaped buffers a minimum of 100 feet along borders with other properties, railroad easements, and roadways. Buffer planting is not required along waterfront borders.
C.
Parking standards.
(1)
The number of off-street parking spaces in the Tourism/Resort Campus District shall be provided in accordance with § 301-231, Off-street parking, of this chapter.
(2)
Curb cuts to parking lots shall be minimized by sharing driveways and consolidating entrances for access to adjacent parking lots.
(3)
Planted berms shall be used to screen the view of automobiles from public roadways.
(4)
Off-street parking is prohibited within 50 feet of all property lines for resort developments.
(5)
Driveways shall be set back at least 30 feet from side property lines for resort developments.
(6)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 15% of their land area. This landscaping requirement is in addition to the seventy-percent parcel-wide landscaping mentioned above.
(7)
Parking lots with 21 or more spaces shall have orchard planting for shade: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges.
(8)
In order to provide groundwater recharge and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Entire parking areas shall be surfaced with gravel, rather than pavement.
(b)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(c)
Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
(9)
Large areas of surface parking shall be broken up by landscaped walkways connecting sidewalks and parking areas to business entrances in order to create parking fields of no more than 250 spaces each.
§ 301-71 Purpose.
The purposes of this article are to provide for multifamily residences and professional office activities adjacent to neighborhood commercial areas; to respect and preserve the existing rural and woodland character of hamlets; and to provide for coordinated site design which unifies individual developments, thereby allowing convenient and safe vehicular circulation and promoting high-quality design of developments which complements the scale and hamlet character of these areas.[1]
§ 301-72 Uses.
[Amended 4-20-2010 by L.L. No. 7-2010; 10-2-2012 by L.L. No. 26-2012]
In the Multifamily Residential Professional Office Zone District, no building, structure or premises shall be used, arranged or designed to be used and no building or structure shall hereafter be erected, reconstructed or altered, unless otherwise provided in this chapter, except for one of the following permitted uses and their customary accessory uses:
A.
Permitted uses:
(1)
Multifamily residential condominiums served by a community water system of Suffolk County Department of Health Services.
(2)
Day-care centers or nursery schools, as defined by the Social Services Law.
(3)
Professional offices of:
(a)
Accountants.
(b)
Architects.
(c)
Artists.
(d)
Attorneys.
(e)
Audiologists.
(f)
Bookkeepers.
(g)
Chiropractors.
(h)
Dentists.
(i)
Engineers.
(j)
Income tax preparers.
(k)
Insurance agents or brokers.
(l)
Interior designers.
(m)
Journalists.
(n)
Medical doctors.
(o)
Optometrists.
(p)
Osteopaths.
(q)
Podiatrists.
(r)
Person or persons determined by the Town Board to be engaged in a profession similar to those set forth above.
(4)
One-family townhomes or multifamily units.
(5)
Agricultural production, including but not limited to the following:
(a)
Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans.
(b)
Fruits, including apples, peaches, grapes, cherries and berries.
(c)
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.
(d)
Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.
(e)
Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs.
(f)
Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump.
(g)
Commercial horse-boarding operations.
(6)
Professional studios and performing arts studios.
C.
Accessory uses:
(1)
Those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot and not involving the conduct of a business unless as otherwise specified below.
(2)
The sale at retail of homegrown or homemade products, provided that all retail uses shall be subject to site plan approval pursuant to Article LVI, Site Plan Review, and the other provisions of this chapter. The farmer may sell supporting farm products and farm products not grown by the farmer, provided that the area devoted to the sale of said products at no time exceeds 40% of the total merchandising area.
§ 301-73 Development standards.
[Amended 4-20-2010 by L.L. No. 7-2010; 10-2-2012 by L.L. No. 26-2012]
A.
Lot area. The minimum lot area shall be 160,000 square feet.
B.
Lot width. The minimum width (frontage) shall be 400 feet.
C.
Yards.
(1)
Front. The minimum front yard shall be 50 feet. No building, structure, storage, tennis court, swimming pool, parking or other similar accessory uses shall be located in the front yard so provided. Sidewalks, walkways, and access driveways shall be exempt from this requirement.
(2)
Side. The minimum side yard shall be 25 feet.
(3)
Rear. The minimum rear yard shall be 50 feet, except that the minimum rear yard shall be 25 feet when adjacent to a property within a Multifamily Residential Professional Office Zone District.
D.
Building area.
(1)
The maximum building area shall be 15%.
(2)
The number of dwelling units permitted for residential uses shall be based on the number of bedrooms per dwelling unit and the type of community water and sewage system provided, which number shall be incorporated as a filed restriction in all deeds and titles related to the condominium site as follows:
E.
Floor area ratio. The maximum floor area ratio shall be 0.20.
F.
Impervious surface coverage. The maximum impervious surface coverage for all uses shall be 75%.
G.
Height. The maximum height of buildings and structures shall be 35 feet, and the maximum stories shall be 2 1/2.
§ 301-74 Landscaping, screening and buffering.
[Amended 4-20-2010 by L.L. No. 7-2010; 10-2-2012 by L.L. No. 26-2012; 5-22-2013 by L.L. No. 8-2013]
A.
A front yard landscape buffer plan shall be reviewed and approved by the Planning Board for property zoned Multifamily Residential Professional Office (MRP) Zone for residential uses. Said plan shall include a minimum thirty-five-foot front yard landscaped buffer along the entire property line with the exception of the required site and emergency access locations and/or bus shelter, as required by the Planning Board. Proposed landscaping shall not impede sight distances from any street intersections and/or driveways.
B.
Proposed landscaping shall be staggered and of sufficient height to fully diffuse and screen the mass and scale of the development from the street view year round. The term "sufficient height" shall mean deciduous trees no less than a caliper of 3 1/2 inches and a variety of evergreen trees a minimum of six feet in height. Said buffer yard may be designed to include the installation and planting of an earthen berm and/or fence not to exceed six feet in height. Said fence shall be placed behind any required berm or buffer vegetation.
C.
Yard landscaping. Within all the required yards, the existing vegetation shall be retained. Any proposals for disturbance shall be subject to site plan approval and Architectural Review Board recommendation.
D.
Preservation of existing vegetation. Site plans for the development of property located in a Multifamily Residential Professional Office Zone District shall include an indication of existing mature trees and other instances of unique, indigenous and/or significant vegetation or other natural features so as to ensure their preservation and thereby retain an open space environment which enhances the character of the Town.
E.
Parking areas.
(1)
The visual impact of parking areas shall be softened by interrupting continuous rows of parking spaces with planting and by creating planted canopies over parking areas.
(2)
Any open parking areas of 15 spaces or more shall be provided with internal landscaping covering not less than 10% of the total area of the parking area.
(3)
Landscaping shall be reasonably dispersed throughout the parking area. Primary landscape materials shall be shade trees. Secondary materials shall complement the tree planting and the surrounding natural environment.
§ 301-75 Access and parking requirements.
A.
Parking.
[Amended 10-2-2012 by L.L. No. 26-2012[1]]
(1)
Parking shall be provided in conformity with the Parking Schedule included as an attachment to this chapter and § 301-231 below.
(2)
If a mix of uses is proposed, the Planning Board may entertain a proposal for shared parking from the applicant. If the applicant requests less parking because of the sharing of spaces between uses, the applicant shall submit a shared parking study to justify the reduced number of parking spaces. However, in no case shall the parking requirement be reduced by more than 15%.
B.
Access. No more than one access shall be provided per lot.
§ 301-76 Signage.
Signage shall meet the requirements of Article XLVIII, Signs, of this chapter.
§ 301-77 Additional requirements.
A.
Cluster development application. The application for a proposed condominium will be combined with an application for a cluster development pursuant to the provisions of Article LIV, Cluster Development, of this chapter, and both will be considered under this provision.
B.
Additional information. The Planning Board, under these provisions and the procedures set forth in the subdivision regulations of the Town of Riverhead, may require the following additional information as a basis for approving the condominium map of such condominium subdivisions:
(1)
A complete site plan showing the location of all landscaping and other improvements, including dwelling units (with floor plans, elevation of all buildings and structures).
(2)
The text of all filed restrictions on the use of the land and buildings, including the condominium agreement ads approved by the New York State Attorney General.
(3)
Any other information deemed by the Board to be necessary to a reasonable determination of the application.
§ 301-78 Purpose and intent.
[Amended 12-5-2006 by L.L. No. 52-2006]
The intent of the Commercial/Residential Campus (CRC) Zoning Use District is to provide locations for offices and professional offices which offer essential legal, medical, accounting, real estate, travel, and other services to Riverhead residents, and to provide additional housing alternatives convenient to services and arterials.
§ 301-79 Uses.
In the CRC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses:
(1)
Offices.
(2)
Banks.
(3)
Restaurants.
(4)
Funeral homes.
(5)
Single-family residences.
(6)
Two-family residences, with the use of one preservation credit.
(7)
Townhouses.
(8)
Garden apartments.
(9)
Radio and television broadcast studios.
(10)
Schools.
(11)
Museums and art galleries.
(12)
Meeting rooms of fraternal organizations.
(13)
Places of worship.
(14)
Parks and playgrounds.
(15)
Indoor sports and recreation facilities.
[Added 12-5-2006 by L.L. No. 52-2006]
B.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
§ 301-80 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
In order to foster environmental conservation as well as preservation of the Town's scenic and rural quality, properties shall provide an attractively landscaped open space area equal to at least 20% of the lot area at the front of the lot.
§ 301-81 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 28-2009]
The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
Office and professional office developments shall be organized in a campus style.
(2)
Driveway openings and curb cuts shall be aligned with existing curb cuts along major arterial roads, in order to reduce the potential addition of traffic lights and conflicting turning movements.
(3)
Continuous sidewalks, off-street transit stops (where routes exist or are planned) and bike racks close to business entrances shall be provided for properties fronting Route 58 or other major arterial street.
(5)
Buffering and transitions.
(a)
Trash/dumpster areas shall be screened from view of streets, sidewalks, pedestrian pathways, and windows of residential buildings, pursuant to § 245-8.
(b)
Buffer plantings shall be provided between commercial uses and adjoining residential uses or zones, as well as along frontages with arterial roads.
B.
Parking standards.
(1)
The number of off-street parking spaces in the CRC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter.
(2)
Curb cuts to parking lots shall be minimized by sharing driveways and consolidating entrances for access to adjacent parking lots.
(3)
Planted berms shall be used to screen the view of automobiles from public roadways.
(4)
Off-street parking is prohibited within 10 feet of all property lines.
(5)
Driveways are prohibited within five feet of side property lines.
(6)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 10% of their land area. This landscaping requirement is in addition to the twenty-percent parcel-wide landscaping mentioned above.
(7)
In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges.
(8)
In order to provide recharge of the groundwater basin and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(b)
Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
(9)
Large areas of surface parking shall be broken up by landscaped walkways connecting sidewalks and parking areas to business entrances, in order to create parking fields of no more than 250 spaces each.
§ 301-82 Purpose.
[Amended 7-18-2006 by L.L. No. 24-2006; 8-16-2022 by L.L. No. 14-2022]
It is the purpose of this article to implement the recommendations of the Master Plan to permit the new construction, reconstruction or renovation of existing structures for the uses set forth below. This use district designation is to be applied consistent with the standards set forth below in transitional areas between intensive business development and residential development, primarily along major arteries. This use district designation may be imposed by the Town Board in conjunction with or to the exclusion of all other use districts shown upon the Official Map of the Town of Riverhead.
§ 301-83 Uses.
[Amended 9-18-1984; 10-6-1992; 7-18-2006 by L.L. No. 24-2006]
In the Business PB District, no building, structure or premises shall be used or arranged or designed to be used and no building or structure shall be hereafter erected, reconstructed or altered or occupied, unless otherwise provided in this chapter, except for one or more of the following uses or accessory uses:
A.
Permitted uses:
[Amended 8-16-2022 by L.L. No. 14-2022]
(1)
Professional offices of:
(a)
Accountants.
(b)
Architects.
(c)
Artists.
(d)
Attorneys.
(e)
Audiologists.
(f)
Bookkeepers.
(g)
Chiropractors.
(h)
Dentists.
(i)
Draftsmen.
(j)
Dwelling, one-family.
(k)
Engineers.
(l)
Income tax preparers.
(m)
Insurance agents or brokers.
(n)
Interior decorators.
(o)
Journalists.
(p)
Medical doctors.
(q)
Optometrists.
(r)
Osteopaths.
(s)
Podiatrists.
(t)
Photographers.
(u)
Physical therapists.
(v)
Real estate agents or brokers.
(w)
Surveyors.
(x)
Veterinarians.
B.
Special permit uses. All special permit uses set forth herein shall be subject to the approval of the Town Board pursuant to the definition of "special permits" in § 301-3 of this chapter. Special permit uses are as follows:
(1)
Day-care centers or nursery schools as defined by the Social Services Law.
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted or special permitted uses when located on the same lot and specifically granted by the Town Board as accessory to the permitted or special permitted uses.
§ 301-84 Lot, yard, bulk and height requirements.
No building shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 301-85 Additional requirements.
A.
There shall be a protective planting strip or buffer, not less than 10 feet in width, along any lot line abutting a residential district or use. No structure, storage or parking or other uses shall be permitted within this strip or buffer. Said buffer or strip will be planted with evergreens or similar vegetation which, when planted, shall be at least six feet tall and when mature shall be maintained at a height of not less than eight feet, so as to provide an effective natural screen between districts. The maintenance of this strip or buffer, any parking area or any green area shown on a site plan submitted as a part of an application for a special permitted use under this article during the continuance of said use is hereby a condition of said special use, and the failure to maintain said areas shall operate to revoke said special permit in addition to all other penalties provided by this chapter.
B.
Signage shall be provided in accordance with § 301-254J of this chapter. Such sign shall have a maximum area of eight square feet and may be located on the building wall or in the front yard, provided that it is set back not less than 25 feet from any sideline, that it is set back not less than 15 feet from the front lot line and that it is not more than six feet above the natural ground at its location.
[Amended 5-19-2009 by L.L. No. 33-2009]
C.
The site plan shall show, in addition to all other requirements of this chapter, the following:
(1)
The proposed method of collection and disposal of stormwater, designed so as not to interfere with adjoining properties or burden public facilities.
(2)
The proposed lighting facilities for the safety of pedestrian and vehicular traffic, with exterior spot lighting of buildings or grounds to be from shaded sources and located so that the light beams are not directed toward any lot in a residential district or toward a public highway.
(3)
The method of water supply and of sewage disposal, conforming to Health Department requirements.
D.
Parking shall be provided in conformity with the Parking Schedule[1] and § 301-231 of this chapter. For each parking space required, there shall be provided 30 square feet of landscaped island or green area. Such areas shall not be less than eight feet in width, measured on the shortest side. Such areas shall be contained by curbs conforming to the Town of Riverhead highway specifications. Said areas shall be landscaped in accordance with § 301-236D of this chapter. Said areas shall be maintained as set forth in Subsection A above.
[Amended 7-7-1987]
[1]
Editor's Note: The Parking Schedule is included as an attachment to this chapter.
E.
No building, structure, premises or lot in the Business PB District shall be used or occupied for any of the following uses:
§ 301-86 Purpose.
It is the specific purpose and intent of this article to provide for the following permitted uses: manufacturers' outlet and retail sales center, interior design showroom and trade center, and specialty grocery, food stores and market center, together with their customary accessory and attending uses such as those permitted under § 301-88 upon those lands which are appropriate due to their location relative to public infrastructure and which are accessible to arterial roadway networks.
§ 301-87 Special permit uses.
In the Business F District, no building, structure or premises shall be used, arranged or designed to be used and no building or structure shall hereafter be erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following specially permitted uses. The arrangement and design of all buildings shall be single-story campus, except for such use(s) exempt from single-story requirement set forth in the provisions below, and architecturally designed such that each use appear compatible and harmoniously incorporated into the unitary design of the entire campus and within each building(s) the uses shall be linked to a common market orientation. All pad sites, presently three exist described as building 400, 1600, and 1700, shall be compatible with and/or complement the design of the buildings within the manufacturers' outlet and retail sales center, interior design showroom and trade center, and specialty grocery, food stores and market center. All special permit uses set forth herein shall be subject to the approval of the Town Board pursuant to the definition of "specially permitted uses" in § 301-3 of this chapter. The three uses, to wit: manufacturers' outlet and retail sales center, interior design showroom and trade centers, and specialty grocery, food stores and market center described below may be located within the same campus however to the extent practicable and within a time parameter set by such board designated to review and approve, such use(s) shall be located within one building or clustered within such building of the campus.
A.
Manufacturers outlet and retail sales center. Any building or buildings, or a portion thereof, used by one or more enterprises operated by the manufacturer, brand-specific retailer, or retailer for sale at retail or wholesale of first-quality goods, overruns and factory seconds.
B.
Interior design and decor showroom and trade center. Any building or buildings used by one or more enterprises operated by the manufacturer, wholesaler or retailer for display and retail sale of new first-quality furniture, fabric, rugs, lighting, accessories, floor and wall coverings, fine art and framing, kitchens, bath, tile and stone. While in manufacturers' outlet and retail sales center, each enterprise is required to purvey either manufacturer, brand-specific retailer or retailer products for sale at retail or wholesale of first-quality goods, overruns and factory seconds, there is no limitation or restriction requiring manufacture or distribution by an affiliate enterprise. In addition, the display and retail of goods shall occupy a minimum of 70% of the total floor area and a maximum of 30% of the floor area may be used for professional services, such services not intended to include manufacture, fabrication, or storage.
C.
Specialty grocery, food stores and markets center. Any building or buildings used by one or more enterprises used as a specialty grocery for retail sale of specialty food products such as baked goods, pasta, cheese, confections, coffee, meat, seafood, produce, artisanal goods, and other specialty food products, and may also offer additional food and nonfood commodities related or complementary to the specialty food products and limited to 20,000 square feet, specialty food store primarily engaged in the retail sale of specialized food products with limited distribution with preference for locally grown agricultural products and limited to 7,500 square feet, and specialty food market comprising retail sale of specialty food products with preference for locally grown or sourced products together with a variety of small-scale restaurants with limited menu and seating not to exceed 25 seats per venue, food and beverage counters, and cooking school, all of the uses located within one single space not to exceed 25,000 square feet. Drive-throughs shall not be permitted.
§ 301-88 Accessory uses.
Accessory uses shall include those uses customarily incidental to any of the above permitted uses when located on the same lot and shall specifically include:
A.
Garages for the parking of vehicles.
B.
Off-street loading areas.
C.
Central heating or power plants.
D.
Fully enclosed storage areas.
E.
Maintenance and utility facilities.
F.
Trash receptacles and dumpsters suitably screened.
G.
Common areas.
H.
Indoor and outdoor recreational areas. The outdoor recreation may include walking or exercise trails, playgrounds, small amusements rides, carousels, splash pads. Indoor recreation may include arcades, virtual reality games, billiards, foosball, ping pong, yoga dance and other fitness activities. Indoor and outdoor recreation shall not include motorcycle or ATV courses, raceways, bow and arrow or gun-firing ranges. Outdoor recreation areas and its attendant green space incorporated or made part of the outdoor recreation area(s) should be excluded from calculating the percentage of the total floor area for calculation of parking requirements. Notwithstanding the above, indoor recreation shall be limited to 10,000 square feet per 100,000 square feet of approved site plan.
I.
Food courts. One food court may be permitted within each campus and designed with a common seating area with multiple counters for fast food vendors. A food court shall not provide table service and may not sell alcoholic beverages. Notwithstanding the above, a single restaurant use may be substituted for a food court subject to the follow restrictions: no direct vehicular access from immediately adjacent parking area to Route 58 or Route 25, excluding direct vehicular access that exists on effective date of this chapter, and instead access is limited to roadways within the campus; billboards are prohibited and signage is limited to storefront or campus kiosk; no drive-through; limited entertainment (i.e., pianist, guitarist) shall be permitted within restaurants for the entertainment of patrons only and all other entertainment shall require a special event permit pursuant to Chapter 255; outdoor seating may not exceed 20% of available restaurant seating; and alcohol may be sold within the single-use restaurant to patrons.
J.
Transportation centers.
K.
Theater, indoor. Indoor theaters may be included in end-cap units of a building or located with a freestanding buildings or on pad sites. The portion of the building used for this use may exceed the single story height requirement but may not exceed 30 feet in height. The theater use may offer food and beverage service by counter service in the lobby or by delivery to patrons at their theater seats, subject to the conditions that there shall be no outdoor food service, food and beverage purchased from outside the theater building shall be prohibited inside the theater building, and if alcoholic beverages are served in the theater building, such service shall be done in accordance with a valid state license. Reserved theater seating may be offered. Theaters shall be excluded from calculating the percentage of the total floor area for calculation of parking requirements.
§ 301-89 Additional development standards.
A.
Sites served by the Riverhead Sewer District shall have a maximum building area of 30%. In this instance, the Town Board may relieve landscape requirements through site plan review.
B.
Off-street parking shall be generally required at one parking space per 200 square feet of gross floor area. Areas of stairwells, elevators, restrooms and food courts may be excluded by the Town Board through site plan review.
C.
Frontage upon a major arterial roadway shall be required.
D.
Pursuant to Article LVI, Site Plan Review, of this chapter, site plan review shall be required. In the consideration of a preliminary site plan accompanying the special permit, the Town Board shall require the following:
(1)
A landscaped area of a minimum of 25% of the total site area.
(2)
A landscaped front yard of a minimum of 100 feet measured from the property line. Existing vegetation should be made part of the landscaped front yard where appropriate. Parking areas shall not be located within the front yard.
(3)
In parking areas of greater than 10,000 square feet, landscaped areas shall be employed to divide asphalt areas.
(4)
Site plans shall, to the greatest extent practical, incorporate the special separation of architecturally related buildings in order to create interior courtyard and pedestrian areas.
(5)
Areas of natural features, including freshwater wetlands, surface waters and slopes in excess of 15%, as well as those areas required for public facilities, shall not be considered in the calculation of maximum building area.
§ 301-90 Prohibited uses.
No building, structure, premises or lot in the Business F District (manufacturers outlet and retail sales center, interior design showroom and trade center showroom and outlet center and specialty grocery, food stores and market center overlay) shall be occupied for the following uses:
A.
Flea markets.
B.
Gasoline service stations.
C.
Motor vehicle sales.
D.
Car washes.
E.
Printing plants.
F.
Drive-through service.
G.
Medical and professional offices, except accessory professional office related to interior design showroom and trade center.
H.
Hotel, lodging or any use providing overnight accommodations.
I.
Personal care services as a stand-alone use, including hair styling and hair care, nail salons, cosmetology, body art, tattoo, tanning salons or other business providing similar face or body care services.
J.
Adult uses.
K.
Stores or lounges for use for sale of tobacco, tobacco substitutes or infused products, cannabis, and electronic cigarettes or products related to use of said products.
§ 301-90.1 Purpose and intent.
A.
It is the purpose of the Community Benefit District (CBD) to implement the recommendations of the Town of Riverhead Comprehensive Plan (2003) by permitting the construction of clustered multifamily rental dwelling units in a manner designed to meet the needs of a range of users who are presently underserved by the housing market, including young people entering the work force, young families, and seniors.
B.
Permission for the development set forth in Subsection A above shall require the concurrent construction of on-site community center and nonresidential use(s) that, together or individually, provide an enhancement of not only the subject project for its residents but for the use, enjoyment and enhancement of the surrounding community as well.
C.
The goals of the CBD District are:
(1)
To promote a mixed-use development on a single site in a cohesive manner, with the main purpose of providing for the needs of its residents and residents in the larger community;
(2)
To promote the most-desirable land use upon real property that is suitable for such development due to its size, location and access to necessary infrastructure; and
§ 301-90.2 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A structure/s providing educational and recreational services to the community, including, but not limited to, day-care, nutrition and wellness programs, performing arts space, sports, and fitness facilities. Food service, ATMs, and retail space in support of the foregoing activities shall be permitted in the community center.
Residential housing occupied by residents whose income conforms to guidelines published by a governmental authority with appropriate jurisdiction as 80% to 120% of median, adjusted for area.
§ 301-90.3 Overlay district; conflict with other provisions; special use permits.
A.
The CBD District may be imposed by the Town Board as an overlay district in conjunction with or to the exclusion of all other use districts shown on the Zoning Use District Map of the Town of Riverhead.
§ 301-90.4 Eligible properties.
In order to be considered for the CBD designation, a property shall meet all of the following criteria:
A.
The minimum area of a parcel shall be 10 acres;
B.
The site shall have frontage on a state or county arterial highway, onto which all vehicle access shall be directed;
C.
The minimum road frontage on a state or county arterial highway shall be 800 linear feet.
D.
The property shall be served by appurtenances of the Riverhead Water District and the Riverhead Sewer District or shall be in sufficient proximity to such district boundaries as they exist at the time of the adoption of this article to permit access to such infrastructure; and
E.
It shall be of sufficient area to provide for all applicable parking, buffer yards, landscaping and open space requirements.
§ 301-90.5 Uses.
A.
In the Community Benefit (CBD) District, no building, structure, or premises shall be used or arranged or designed to be used and no building or structure shall hereafter be erected, reconstructed, or altered or occupied unless otherwise provided in this article for the following special permitted uses:
B.
Any development pursuant to this article shall consist of the concurrent construction of clustered residential, on-site community center and nonresidential uses.
§ 301-90.6 Accessory uses.
Accessory uses shall include those uses customarily incidental to any of the above specially permitted uses when located on the same site or within a structure with a specially permitted use. Specifically allowed are the following, provided that the total lot coverage does not exceed 5% of the site:
§ 301-90.7 Workforce housing requirement.
A minimum of 100% of dwelling units shall be sold or rented to households that meet income standards, as those standards may change from time to time, as set by the state or federal government and designated as workforce housing.
§ 301-90.8 Community center requirements.
Any community center approved pursuant to this article shall conform to the following requirements:
§ 301-90.9 Mixed-use residential/professional office structures.
A.
The professional office use shall be of such character as to be appropriate for a residential neighborhood setting.
B.
All such structures are to be limited in floor area, not to exceed 2,500 square feet (SF) in size each.
C.
One residence may be located within each such structure, and it may only be occupied by the owner or an employee of the professional office that occupies that structure.
§ 301-90.10 General lot, yard, bulk and height requirements.
Type | Requirement | |
|---|---|---|
Maximum building net floor area ratio | 0.40 | |
Maximum lot coverage (total footprint) | 0.20 | |
Minimum front yard depth | 15 feet | |
Minimum rear yard depth | 20 feet | |
Minimum side yard setback (both) | 15 feet | |
Maximum building height | 50 feet, not to exceed 3 1/2 stories | |
Dwelling unit density and mix | ||
Dwelling unit density | 1 unit per 40,000 square feet | |
§ 301-90.11 Redemption of preservation rights to increase dwelling unit yield.
A.
Preservation credits may be used to increase dwelling unit density within the Community Benefit Zoning Use District. In its review and approval of any site plan application within the Community Benefit Zoning Use District utilizing preservation credits, the reviewing board shall condition the final site plan approval upon the redemption of the appropriate number of credits, with the signature of the Mylar predicated upon the redemption and retiring of the appropriate number of preservation credits.
B.
Preservation credits may be acquired through the transfer of development rights pursuant to Article XLII of this chapter or the acquisition of workforce housing development rights through the Suffolk County Workforce Housing Transfer of Development Rights Program. Any preservation rights acquired through the Suffolk County Workforce Housing Transfer of Development Rights Program must be rights that were placed in the program from the purchase or preservation of property located in the Town of Riverhead.
C.
The Town Board, in its review and approval of an application for a special permit, may increase the allowable dwelling unit yield at a rate of one dwelling unit per preservation credit redeemed, not to exceed 10 dwelling units per 40,000 square feet after subtracting for that land area required for infrastructure and public improvements.
§ 301-90.12 Open space requirements.
A.
A minimum of 40% of the total site area shall be reserved for vegetated open space, pond areas, or passive recreational use.
B.
Such recreational amenities may include, but not be limited to, playgrounds, walking trails, fitness trails, picnic areas or sitting areas; no landscaped areas that are not easily accessible for use and occupancy as recreational space are to be included in this calculation.
§ 301-90.13 Off-street parking requirements.
A.
The development shall endeavor to provide minimum off-street parking in conformance with the following schedule:
Use | Number of Spaces |
|---|---|
Residences | 1.5 spaces per unit |
Community center | 1 space per 300 square feet of floor area |
Church | 1 space per 3 pew seats |
Nonresidential spaces | 1 space per 200 square feet of floor area |
B.
In recognition of the shared-use aspects of the CBD District, if the Planning Board determines that an applicant has conclusively demonstrated that one or more of such uses will be generating a demand for the parking spaces primarily during periods when another use or uses has or have a significant lower parking demand, the Planning Board may, upon application, reduce the total parking spaces required.
§ 301-90.14 Additional guidelines.
A.
All utility service lines within the site shall be constructed underground.
B.
The development shall provide safety and security lighting in appropriate areas, including, but not limited to, building exteriors, building entrances, walkways, vehicle access points and within parking areas.
C.
All exterior lighting fixtures shall conform to Article XLIX of the Riverhead Zoning Ordinance, such that no fugitive lighting impacts adjacent properties.
D.
To the maximum extent practicable, sustainable energy site lighting shall be utilized.
E.
All lighting fixtures, whether mounted on building walls or on poles, shall be placed at the minimum height necessary to cast adequate lighting intensities on illuminated surfaces.
F.
All buildings shall be handicapped-accessible.
G.
A maintenance plan for all ground and buildings shall be in effect, and such initial plan shall be included in site plan review.
H.
Landscaping shall be designed to reduce heat island effects.
I.
On-site retention/harvesting of stormwater runoff to minimize sewer impact and reduce water usage for irrigation shall be utilized.
J.
In recognition of the inherent mixed-use character of the CBD District, no abutting landscape buffer areas other than those specifically required in this section shall be required.
K.
For the purpose of the requirements for off-street loading berths, the permitted and accessory uses shall not be considered as being used for business, industrial or hospital purposes.
L.
Where the CBD Zoning District has been applied to a property, the site plan must show a twenty-five-foot nonimproved transitional buffer along any boundary shared with a residential use or residentially zoned property. If, in the opinion of the Planning Board, the natural vegetation existing on the site does not provide a sufficient buffer between the property and the abutting residential use or residentially zoned property, the Planning Board may require the applicant to augment the buffer with appropriate screening and vegetation. For the purposes of this section, fencing in the nonimproved transitional buffer area shall not be deemed an improvement.
§ 301-90.15 Service provider amenities and services.
Where the development includes health and fitness facilities and/or day-care services for preschool age and/or services for senior citizens within the community center, oversight and supervision shall be provided by professional staff.
§ 301-90.16 Development standards within the Community Benefit District.
No earthwork, land clearing, construction or land disturbance of any kind shall take place upon real property within a CBD until such time as a site plan has been approved by the Planning Board. In cases in which a proposed project involves the subdivision of land, no development may proceed until final conditional subdivision approval has been granted by the Planning Board. Approval of a site plan for development shall be conditioned upon approval by the Suffolk County Department of Health Services. Energy Star® compliance on all equipment and appliances in residential units shall be required. All users and residents within the CBD shall be required to comply with a recycling plan for refuse. Buildings shall be oriented to maximize natural daylight. Low-flow water for all plumbing fixtures shall be utilized.
§ 301-91 Purpose and intent.
[Amended 12-5-2006 by L.L. No. 52-2006; 5-5-2009 by L.L. No. 27-2009]
The intent of the Business Center (BC) Zoning Use District is to encourage single, freestanding roadside commercial uses, mainly along Route 58, between the existing Destination Retail Center (DRC) and Shopping Center (SC) Zoning Use Districts, with the employment of transferred development rights where appropriate.
§ 301-92 Uses.
In the BC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses:
(1)
Retail stores.
(2)
Personal services.
(3)
Restaurants, cafes, banquet facilities, and ice cream parlors.
(4)
Bakeries with retail sales on premises, specialty food stores.
(5)
Banks.
(6)
Health clubs and spas.
(7)
Radio or television broadcast studios.
(8)
Offices.
(9)
Professional offices.
(10)
Dealerships for new motor vehicle and boat sales.
(11)
Indoor sports and recreation facilities.
[Added 12-5-2006 by L.L. No. 52-2006]
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
§ 301-93 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
In order to maintain the Town's scenic and rural quality, properties shall provide a contiguous landscaped area equal to at least 5% of the lot area. Such open space area shall be landscaped with shrubs, flowers, rock gardens, ornamental grasses, or other plantings rather than grass lawns.
C.
The following minimum required nondisturbed transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines:
[Added 10-16-2013 by L.L. No. 18-2013]
(1)
Adjoining residential districts and uses.
(a)
The minimum required nondisturbed transitional side and rear yards shall be 50 feet. When buildings are less than 5,000 square feet in size, the required side and rear transition yards shall be 25 feet adjacent to the residential district.
(b)
The minimum required screening within such nondisturbed transitional side and rear yards shall be a six-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Planning Board may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
(c)
The minimum required nondisturbed transitional side and rear yards provided for in this section may be modified by the Planning Board as part of site plan review where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished.
(d)
Where a site does not have existing vegetation within the required nondisturbed transitional yard sufficient to screen the proposed development from the adjacent residential zone or use, a landscaping plan shall be submitted to the Planning Board. In addition to the existing vegetation in the required nondisturbed transitional yard, the landscaping plan shall include plantings, berms and/or fencing in this area to visually screen and reduce noise impacts of the proposed development.
§ 301-94 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 27-2009]
The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
Driveway openings and curb cuts shall be aligned with the existing curb cuts along Route 58 or other major arterial roads, in order to reduce the potential addition of traffic lights and conflicting turning movements.
(3)
Buffering and transitions.
(a)
Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(b)
Buffer plantings or opaque fences, preferably wood fences, shall be provided between commercial uses and adjoining residential uses or zones.
(c)
Deliveries and loading activities shall to the extent possible be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays.
B.
Parking standards.
(1)
The number of off-street parking spaces in the BC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter.
(2)
Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to 20% reduction in off-street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times.
(3)
No off-street parking shall be allowed within 10 feet of any property line.
(4)
Curb cuts to parking lots shall be minimized by sharing driveways and consolidating entrances for access to adjacent parking lots.
(5)
Shared parking lots with cross-access agreements are encouraged so as to allow drivers to park in one lot and walk to other businesses without moving their cars, or to drive from one lot to another without returning to the street.
(6)
Driveways shall be set back at least five feet from side property lines. However, driveways providing shared access to two or more properties are exempt from this standard.
(7)
Where site grading and topography result in parking areas being located at higher elevation than and visible from the adjacent roadway, planted berms shall be used to screen the view of automobiles from public roadways.
(8)
In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges.
(9)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 10% of their land area. This landscaping requirement is in addition to the five-percent parcel-wide landscaping mentioned above.
(10)
In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(b)
Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
§ 301-95 Purpose and intent.
The intent of the Business CR Zoning Use District is to allow for the development of small clusters of shops, including eating and drinking establishments and professional offices, geared primarily toward providing daily services to residents in the adjacent residential areas. The scale and design of new development in this district are intended to complement the rural character of the Town and preserve and enhance natural open space areas and habitat. Where lot sizes and depths permit, development is intended to be clustered in a campus-style pattern.
§ 301-96 Uses.
In the Business CR Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses:
(1)
Retail stores.
(2)
Specialty food stores, wine shops and bakeries with retail sales on premises.
(3)
Personal services.
(4)
Restaurants, cafes, and ice cream parlors.
(5)
Professional offices.
(6)
Professional studios and performing arts studios.
(7)
Public libraries.
(8)
Museums.
(9)
Schools.
(10)
Banks.
[Added 8-19-2008 by L.L. No. 30-2008]
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically included are the following:
[Amended 7-6-2005 by L.L. No. 17-2005]
(1)
Drive-through windows for pharmacies and banks.
D.
Prohibited uses:
(1)
Buildings with a floor area exceeding 10,000 square feet.
[Amended 10-2-2012 by L.L. No. 25-2012]
(2)
Drive-through windows serving restaurants.
[Amended 7-6-2005 by L.L. No. 17-2005]
(3)
Car washes.
(4)
An automobile sales lot; motor vehicle sales room; public or private garage; or storage warehouse or wholesale establishment.
(5)
Any vending machine or amusement device located outside of any structure. This prohibition does not apply to electronic funds transfer facility substations.
(6)
Any display, storage or sale of goods, wares or merchandise outside of any structure in any area other than that indicated for such outdoor display, storage or sale on an approved site plan. Such display, storage or sale areas shall not encroach on any landscaped areas, parking areas or areas intended for customer access.
(7)
Flea markets.
(8)
Rolling or sliding security-type grilles and doors.
§ 301-97 Lot, yard, bulk and height requirements.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 301-98 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 20-2009]
The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
For all parcels three acres or greater in area, the proposed floor area shall be distributed into a minimum of four buildings.
(2)
For all parcels, the front yard shall be landscaped, except for areas devoted to walkways and an optional limited amount of parking. Parking is allowed in the front yard only as follows:
(a)
No more than 20% of the parking supply may be provided in front and street-facing side yards combined; see Subsection B(4) below for more information.
(b)
Only one row of parking is allowed in front yards, with a paved area not to exceed 40 feet in depth, measured perpendicular to the front street.
(c)
To mitigate the appearance of any parking in the front yards, any front yard parking areas shall be set back at least 30 feet within landscaped front yards.
(3)
For corner parcels, the street-facing side yard shall be landscaped, except for areas devoted to walkways and an optional limited amount of parking. Parking is allowed in street-facing side yards only as follows:
(a)
No more than 20% of the parking supply may be provided in front and street-facing side yards combined; see Subsection B(4) below for more information.
(b)
Only one row of parking is allowed in street-facing side yards, with a paved area not to exceed 40 feet in depth, measured perpendicular to the side street.
(c)
To mitigate the appearance of any parking in street-facing side yards, parking areas shall be set back at least 15 feet within landscaped side yards.
(4)
The central organizing element for buildings in the Business CR Zoning Use District shall be one or more "central squares," such as greens, plazas, or courtyards.
(a)
Such central squares shall open towards, and be visible from, front streets and any adjoining side streets.
(b)
Such central squares shall measure at least 30 feet by 50 feet.
(c)
The open space(s) provided by central squares shall be outside of and in addition to the required front and side yards.
(d)
Central squares shall include landscaping, plantings, decorative pavers, seating, outdoor eating areas, shade elements, and other features so as to create attractive public spaces that serve as amenities for shoppers and nearby residents.
(5)
No structures are allowed within front, side, or rear yards.
(6)
Buildings shall be arranged along one, two, or three sides of the central squares, and their main entries shall face these spaces.
(7)
Secondary building entries may be provided from rear parking areas; however, such entries shall not remove the need for a front entrance facing the central square.
(8)
In no case shall the rear of buildings face a public street, and in no case shall the front of a building face a rear service access road or a side driveway.
(9)
The provision of improved cross access shall be provided between those parcels located on the south side of NYS Route 25A between the westerly Town boundary and Wading River Manorville Road.
[Amended 10-2-2012 by L.L. No. 25-2012]
(10)
Building design and landscaping shall serve to reinforce and announce the main pedestrian building entrances.
(11)
Development shall provide walkways for safe and convenient pedestrian access to storefront entries from all parking areas and public sidewalks and, where possible, to link storefronts to adjacent residential areas.
(12)
Building placement shall, wherever possible, minimize walking distances from rear parking areas to front building entries; for example, by breaking large buildings into smaller units of less than 200 feet in width, interspersed with walkways.
(a)
Breaks between buildings where automobile access is not necessary shall provide for safe and attractive pedestrian walkways and shall be at least 15 feet wide.
(b)
Breaks between buildings where automobile or truck access is necessary (such as to rear parking lot access roads or driveways) shall provide a combined roadway and sidewalk of at least 30 feet in width, including one eight-foot-wide sidewalk.
(13)
Facades of commercial buildings that face streets, central squares, or pedestrian walkways shall be broken up into bays of no more than 30 feet in width, through use of variations in facade plane, piers, or other architectural features.
(14)
At least 50% of the linear width of facades facing streets or pedestrian pathways shall be comprised of transparent windows. Where shade is desired, awnings are encouraged. Windows may not be obscured more than 20% by opaque banners, or either permanent or temporary advertisements or signs. In no case shall blank walls face a public street.
(15)
The exteriors of buildings in the Business CR District shall utilize natural cladding materials such as wood, brick, stucco, stone or a combination of such materials. The use of synthetic, metallic, and reflective materials should be avoided.
(16)
Signs shall be provided in accordance with Article XLVIII, Signs, of this chapter. Signs for commercial uses within shopping centers shall be a uniform design to the greatest extent practicable.
[Amended 10-2-2012 by L.L. No. 25-2012]
(17)
Buffering and transitions.
(a)
Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(b)
Front yards, street-facing side yards, and rear yards shall be landscaped or maintained as natural open space. To the extent possible, existing woodlands, stands of or individual trees, and other unique, indigenous, or significant vegetation within such setbacks should be protected.
(c)
Buffer landscaping shall be provided between commercial uses and adjoining residential uses or zones. Such plantings shall include canopy trees and evergreens that may reach a mature height of not less than the commercial structures, and planted in sufficient quantity to screen views of the commercial structures from residential areas. However, buffer landscaping shall not interfere with the potential for pedestrian access from residential areas to the commercial businesses.
B.
Parking standards.
(1)
The number of off-street parking spaces in the Business CR Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter.
(2)
Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to 20% reduction in off-street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times.
(3)
Parking requirements may be reduced with payment of a fee or land dedication in lieu of providing off-street parking as provided for in § 301-231.
(4)
No more than 20% of the required parking supply may be provided in front and street-facing side yards. Any parking in front or street-facing side yards shall be sited within the rear portion of said yard, behind landscaping. The remaining 80% or more of the parking supply shall be sited to the rear or side of buildings, adjacent to interior lot lines or access driveways, and away from front and side street frontages.
(5)
Curb cuts shall be limited to one curb cut every 400 linear feet on public front and side streets. Driveway entrances to adjacent parking lots shall be shared and consolidated.
(6)
Shared parking lots with cross-access agreements are encouraged so as to allow drivers to park in one lot and walk to other businesses without moving their cars, or to drive from one lot to another without returning to the street.
(7)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 15% of their land area.
(8)
Parking lots with 21 or more spaces shall have "orchard" planting for shade: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges.
(9)
In order to provide recharge of the groundwater basin and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Entire parking areas shall be surfaced with gravel, rather than pavement.
(b)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(c)
Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
(10)
Large areas of surface parking shall be broken up by landscaped walkways connecting sidewalks and parking areas to business entrances, in order to create parking fields of no more than 250 spaces each.
C.
Additional requirements.
(1)
Hours of operation of retail business establishments. As used herein, a "retail business establishment" shall mean and include a retail store or shop or other business establishment in which goods, wares, foods, commodities, articles or products are sold at retail, except that a "retail business establishment" shall not be construed to include any business establishment licensed to sell alcoholic beverages at retail for on-premises consumption. No retail business establishment shall remain open for business during the five-hour period between 12:00 midnight and 5:00 a.m. Every retail business establishment shall be closed to the public during the aforementioned five-hour period, and business with the public therein is prohibited after the hour of 12:00 midnight and before the hour of 5:00 a.m. of every day.
§ 301-99 Purpose.
The purpose of the Calverton Office Zoning Use District is to promote the construction of the highest quality (Class A) office development in an integrated campus-like setting upon large tracts of land. It is the goal of the Calverton Office Zoning Use District to require design relationships between buildings and to provide amenities for workers and visitors.
§ 301-100 Uses.
No building or premises shall be used and no building shall be erected, reconstructed, altered or added to except for the following permitted, specially permitted or accessory uses:
A.
Permitted uses:
(1)
Office buildings for business and governmental uses, including general, executive, and administrative, administrative training, data processing, libraries, publication, financial institutions, sales offices, offices or agencies for scientific or technical development, including research and testing laboratories.
C.
Accessory uses:
(1)
Those uses customarily incidental and subordinate to and in furtherance of any of the aforementioned principal uses. Accessory uses shall be for the sole use of the employees and tenants of the principal use and not for the use by the general public. The following accessory uses are specifically provided for:
(a)
Retail or personal service uses that are specifically designed as accessory to principal uses, such as but not limited to pharmacies, lunch counters, lunch stands, newsstands, barbershops and beauty parlors and shoe repair, provided that said retail or personal service accessory is located within the same building, and there are no exterior signs advertising said retail or personal service use. Such use shall be confined to the lower level of a building, unless such use supports a specific tenant's use.
(b)
Restaurants, not including diners, luncheonettes, drive-in and fast-food facilities, for the use of executives, employees and visitors of the principal use.
(c)
Indoor and outdoor recreation facilities for the exclusive use of employees, and tenants by special permit of the Town Board of the principal use, and their families.
(d)
In-service training schools for employees of the principal use.
(e)
Auditoriums.
(f)
Day-care facilities.
(g)
Banks, automatic teller machines.
(h)
Lower-level and ground-floor storage, copy centers, conference rooms and training rooms.
(i)
Private garages for the storage and service of motor vehicles owned by the owner of the principal use or the executives or employees thereof, or visitors thereto.
(j)
Central heating and power plants accessory to the principal use and the service of all structures on the premises.
(k)
Fully enclosed storage facilities incidental to the principal use.
(l)
Maintenance and utility shops incidental to the principal use.
(m)
Accessory signs, subject to the applicable provisions of the sign regulations of the Town of Riverhead, Article XLVIII, Signs, of this chapter.
(n)
Trash compactors and dumpsters which are screened from sight.
§ 301-101 Prohibited uses.
Prohibited uses are as follows:
A.
Outdoor storage.
D.
Wholesale business, excluding a showroom or demonstration center.
E.
No machinery or equipment shall be installed and no labor shall be engaged upon the premises for the manufacture, processing or assembly of goods or articles, except the manufacturing, processing or assembly of prototypes or experimental products in which the close supervision by scientific personnel of a permitted research laboratory is required.
F.
No such process shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans.
G.
No manufacturing, processing or assembly of goods or articles of any kind for sale shall be permitted on the premises, except for the sale of pilot prototypes or experimental products which are the result of the end product of scientific research, development or engineering.
H.
No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use, and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health.
I.
Any use not expressly permitted or specially permitted is prohibited.
§ 301-102 Lot, yard, bulk and height requirements.
No building shall be erected nor any land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this article by reference and made part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 301-103 Design standards.
The following design standards shall apply to all uses within the Calverton Office Zoning Use District:
A.
Parking shall be provided at a rate of one space per 200 square feet of gross floor area for office use and three stalls per 1,000 square feet of gross floor area for research and testing laboratories.
B.
The maximum gross and coverage (buildings, structures and paved) area shall not exceed 60%.
C.
No more than 30% of the required parking shall be located in the front yard.
D.
The provision of a one-hundred-foot nondisturbance area to hard surface from the roadbed of New York State Route 25.
E.
Building design. The objective of the building design standards is to provide overall high quality and complementary design of industrial and multifloor Class A office buildings. Special emphasis is placed upon methods that tend to reduce the large-scale visual impact of buildings and to encourage imaginative design for individual buildings.
(1)
Building mass. Solid and unarticulated buildings are discouraged. The mass and scale of buildings shall be reduced by staggered building walls or other architectural treatments at least every 150 feet to provide architectural interest and reduce the visual scale of a building. Buildings shall include the following elements:
(a)
The use of variations in height, rooflines and grade definition is encouraged to reduce the perceived height and mass of a building.
(b)
Building entries shall be readily identifiable through the use of canopies, marquees and architectural treatment.
(c)
Where possible, buildings with smaller or multiple structures instead of one large building are preferred to reduce massive appearance.
(d)
Clusters of mature landscaping and berms shall be provided along the building facade. The landscaping clusters shall include a variety of trees and tall shrubs.
(e)
Wall texture changes shall be provided.
(f)
Small-scale elements, such as planter walls and hedges, shall be clustered around building entrances.
(2)
Materials.
(a)
One dominant material shall be selected and used through each building on a site.
(b)
It is encouraged that the front and two side elevations of all buildings and/or structures be constructed of brick, granite, or other masonry matter and architectural block or architectural precast concrete. Painted or natural utility concrete panels or masonry units should be confined to rear elevations and in loading dock areas.
(c)
Roof design shall be as aesthetically pleasing as possible and shall screen all mechanical equipment.
(d)
Glass windows or some similar architectural treatment shall occupy at least 10% of the front elevation of a building.
§ 301-104 Performance criteria.
A.
All development subject to the provisions of Article 6 of the Suffolk County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health Services.
B.
All development shall be connected to the appurtenances of the Calverton Sewer District.
C.
All development shall comply with the provisions of Articles 7 and 12 of the Suffolk Sanitary Code.
D.
All development involving significant discharges to groundwater and located proximate to public water supply wells shall require measures to mitigate impacts upon water quality as required under Article 17 of the New York State Environmental Conservation Law. The Suffolk County Department of Health Services guidelines for private wells should be used for private wellhead protection.
E.
Development proposals for sites containing or abutting freshwater wetlands shall be separated by a nondisturbance buffer area which shall be in accordance with Article 24 of the New York State Environmental Conservation Law, the Wild, Scenic and Recreational Rivers Act,[1] and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation, field delineation or local ordinance. Stricter buffer areas may be established for wetlands as appropriate. Buffer areas shall be delineated on development plans with conditions imposed to assure the preservation of the freshwater wetland resource. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument.
[1]
Editor's Note: See Environmental Conservation Law § 15-2701 et seq.
F.
Development proposals for sites within the regulated area of the New York Wild, Scenic and Recreational Rivers Act shall conform to the standards of the Act. Variances from the Act shall meet all requirements imposed by the State of New York in order to be deemed to have met the requirements of this standard. Additional relief from the Town of Riverhead Zoning Board of Appeals shall not be required.
G.
All stormwater generated by development shall be recharged on site unless surplus capacity exists in an off-site drainage system. In the review of development plans, the Town Board shall encourage the use of natural recharge areas or drainage system design which result in minimal disturbance of native vegetation with the use of natural swales and depressions as an alternative to excavated recharge basins where feasible. Development plans should include the use of ponds only if such ponds are designed to retain stormwater and are not merely constructed for aesthetic purposes. Adequate measures should be employed to control soil erosion and stormwater runoff during construction, as per guidelines promulgated by the New York State Department of Environmental Conservation.
H.
No more than 65% of the lands within the Calverton Office Zoning Use District shall be cleared pursuant to the Central Pine Barrens Comprehensive Land Use Plan and Article XLI, Pine Barrens Overlay District, of this chapter. The applicable clearance percentage shall be calculated over the entire parcel, including but not limited to public highways, roadways, building sites, parking areas, drainage structures and recharge areas. Development plans shall delineate the existing naturally vegetated areas, shall calculate those portions of the site that are already cleared due to previous activities, and shall contain calculations for the amount of disturbance of native vegetation and indicate the clearing limits thereof.
I.
Land subdivision maps and site plans shall be designed to encourage the preservation of large unbroken blocks that provide for contiguous open spaces to be established when adjacent parcels are developed. Applications for subdivision and site plan shall contain calculations for clearing, and these limits shall become part of the filed map or approved drawings.
J.
Development projects shall place no more than 15% of the entire site in fertilizer-dependent vegetation. Development designs shall consider native planting suggestions made part of the plan.
K.
Development which will have a significant negative impact upon a habitat essential to those species identified on the New York State maintained lists as rare, threatened or of special concern, or upon the communities classified by the New York State Natural Heritage Program as G1, G2 or G3 or as S1, S2 or S3 or upon any federal listed endangered or threatened species, appropriate mitigation measures, as determined by the state, county or local government agency, shall be imposed to protect such species.
L.
Development projects shall minimize disturbance of the natural grade and/or natural vegetation where slopes exceed 10%. Construction in areas with slopes exceeding 10% may be approved if the site design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Where applicable, nondisturbance buffers shall be placed on those portions of the site where slopes exceed 10%. Development plans shall include a slope analysis depicting existing slopes in the ranges of 0% to 10%, 11% to 15% and 15% or greater. Erosion and sediment control plans and details of retaining walls and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%.
M.
Prior to construction, soil erosion and sediment control plans shall be prepared and approved which achieve the following objectives:
N.
In order to provide for orderly development and the efficient provision of infrastructure, applications for development projects depicting either open space or reserve areas shall specify the conditions of ownership and the use of such lands, and such conditions shall be set forth in the deed of dedication, declaration of covenants, conservation easement or similar instrument.
O.
Where applicable, development pursuant to the provisions of Article LIII, Subdivision Regulations, of this chapter shall be encouraged to preserve open spaces.
P.
Development plans shall indicate established recreational and educational trails and trail corridors, active recreational sites, scenic corridors, roads, vistas and viewpoints, sites of historical or cultural significance, including historic districts, sites on the State or National Registers of Historic Places and historic structures listed on the State or National Registers of Historic Places, or recognized by local law or statute, sensitive archaeological sites as identified by the New York State Historic Preservation Officer or the New York State Museum, within 500 feet of the proposed development, and shall provide adequate measures to protect such natural resources. The use of existing natural buffers or the restoration of degraded buffer areas, the use of signs or other man-made structures, consistent in style and scale with the community character, or other similar measures shall be taken to protect roadside areas as well as scenic and recreational resources.
Q.
All development shall comply with the applicable provisions of the Suffolk County Sanitary Code and all other applicable federal, state or local laws.
R.
A buffer of 1,000 feet of and no more than 50% disturbance shall be permitted around verified endangered species breeding ponds pursuant to NYSDEC freshwater wetland permit requirements.
S.
Development within the Calverton Office Zoning Use District shall comply with Chapter 251, Article I, Noise, of the Code of the Town of Riverhead, which limits such noise levels from commercial and industrial properties to neighboring properties to 65 dBA between the hours of 7:00 a.m. and 8:00 p.m., and 50 dBA between the hours of 8:00 p.m. and 7:00 a.m. [see § 251-5L(2)]. In the event that such noise levels are exceeded, such additional noise abatement measures, including increasing such setbacks or the provision of noise walls or the provision of berms, fences, vegetation and the like, shall be provided for.[2]
§ 301-105 Purpose and intent.
The intent of the Destination Retail Center (DRC) Zoning Use District is to provide a location for large retail centers along Route 58 that attract customers from the East End of Long Island and beyond, while linking development along the Route 58 corridor to open space protected in the Agriculture Protection (APZ) Zoning Use District. It is the further intent to allow increased floor area in the DRC Zoning Use District with the use of transferred development rights where appropriate. Development is intended to have a campus-style layout, with no strip or freestanding businesses permitted.
§ 301-106 Uses.
In the DRC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
§ 301-107 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
No individual retail store shall have a floor area of less than 10,000 square feet, excepting that 10% of the total floor area may be improved with retail stores of less than 10,000 square feet with a minimum size per retail store of 3,500 square feet.
C.
In order to maintain the Town's scenic and rural quality, properties shall provide a contiguous landscaped area equal to at least 20% of the lot area. Such open space area shall be landscaped with shrubs, flowers, rock gardens, ornamental grasses, or other plantings rather than grass lawns.
D.
The following minimum required nondisturbed transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines:
[Added 10-16-2013 by L.L. No. 18-2013]
(1)
Adjoining residential districts and uses.
(a)
The minimum required nondisturbed transitional side and rear yards shall be 50 feet. When buildings are less than 5,000 square feet in size, the required side and rear transition yards shall be 25 feet adjacent to the residential district.
(b)
The minimum required screening within such nondisturbed transitional side and rear yards shall be a six-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Planning Board may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
(c)
The minimum required nondisturbed transitional side and rear yards provided for in this section may be modified by the Planning Board as part of site plan review where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished.
(d)
Where a site does not have existing vegetation within the required nondisturbed transitional yard sufficient to screen the proposed development from the adjacent residential zone or use, a landscaping plan shall be submitted to the Planning Board. In addition to the existing vegetation in the required nondisturbed transitional yard, the landscaping plan shall include plantings, berms and/or fencing in this area to visually screen and reduce noise impacts of the proposed development.
§ 301-108 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 29-2009]
The design, buffer and parking standards listed in the provisions below (Subsections A, B and C of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection C(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
Development is intended to have a campus-style layout, with no strip-style development permitted.
(2)
Driveway openings and curb cuts shall be aligned with the existing curb cuts along Route 58 or other major arterial roads, in order to reduce the potential addition of traffic lights and conflicting turning movements.
(3)
Continuous sidewalks, off-street transit stops (where routes exist or are planned) and bike racks close to business entrances shall be provided for properties fronting Route 58 or other major arterial street.
B.
Buffering and transitions.
(1)
Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(2)
Buffer plantings or opaque fences, preferably wood fences, shall be provided between commercial uses and adjoining residential uses or zones, as well as along frontages with arterial roads.
C.
Parking standards.
(1)
The number of off-street parking spaces in the DRC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter.
(2)
Curb cuts to parking lots shall be minimized by sharing driveways and consolidating entrances for access to adjacent parking lots.
(3)
Planted berms shall be used to screen the view of parking areas from public roadways.
(4)
Off-street parking is prohibited within 10 feet of all property lines.
(5)
Driveways are prohibited within five feet of side property lines.
(6)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 10% of their land area. This landscaping requirement is in addition to the twenty-percent parcel-wide landscaping mentioned above.
(7)
In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges.
(8)
In order to provide recharge of the groundwater basin and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(b)
Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
(9)
Large areas of surface parking shall be broken up by landscaped walkways connecting sidewalks and parking areas to business entrances, in order to create parking fields of no more than 250 spaces each.
§ 301-109 Purpose and intent.
[Amended 12-5-2006 by L.L. No. 52-2006]
The intent of the Shopping Center (SC) Zoning Use District is to provide adequate locations for moderate-sized convenience shopping centers, mainly on Route 58, in central locations that are accessible from adjacent neighborhoods by car, transit, walking, and biking, where residents may purchase daily necessities such as groceries. It is the further intent to allow increased floor area in the SC Zoning Use District with the use of transferred development rights where appropriate. Retail development is intended to be arranged in a shopping center layout, with large-scale stores complemented by ancillary small-scale stores. Professional office buildings are intended to be arranged in campus-style layout. Strip or freestanding development is discouraged.
§ 301-110 Uses.
In the SC District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically included are the following:
[Amended 1-17-2006 by L.L. No. 5-2006]
(1)
Drive-through windows for banks and pharmacies.
§ 301-111 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
In order to maintain the Town's scenic and rural quality, properties shall provide a contiguous landscaped area equal to at least 5% of the lot area. Such open space area shall be landscaped with shrubs, flowers, rock gardens, ornamental grasses, or other plantings rather than grass lawns.
C.
The following minimum required nondisturbed transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines:
[Added 10-16-2013 by L.L. No. 18-2013]
(1)
Adjoining residential districts and uses.
(a)
The minimum required nondisturbed transitional side and rear yards shall be 50 feet. When buildings are less than 5,000 square feet in size, the required side and rear transition yards shall be 25 feet adjacent to the residential district.
(b)
The minimum required screening within such nondisturbed transitional side and rear yards shall be a six-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Planning Board may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
(c)
The minimum required nondisturbed transitional side and rear yards provided for in this section may be modified by the Planning Board as part of site plan review where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished.
(d)
Where a site does not have existing vegetation within the required nondisturbed transitional yard sufficient to screen the proposed development from the adjacent residential zone or use, a landscaping plan shall be submitted to the Planning Board. In addition to the existing vegetation in the required nondisturbed transitional yard, the landscaping plan shall include plantings, berms and/or fencing in this area to visually screen and reduce noise impacts of the proposed development.
§ 301-112 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 31-2009]
The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
Retail development shall be arranged in a shopping center layout, with large-scale stores complemented by ancillary small-scale stores.
(2)
Professional office and office buildings shall be arranged in campus-style layouts.
(3)
Driveway openings and curb cuts shall be aligned with the existing curb cuts along Route 58 or other major arterial roads, in order to reduce the potential addition of traffic lights and conflicting turning movements.
(4)
Continuous sidewalks, off-street transit stops (where routes exist or are planned) and bike racks close to business entrances shall be provided for properties fronting Route 58 or other major arterial street.
(6)
Buffering and transitions:
(a)
Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(b)
Buffer plantings or opaque fences, preferably wood fences, shall be provided between commercial uses and adjoining residential uses or zones, as well as along frontages with arterial roads.
B.
Parking standards.
(1)
The number of off-street parking spaces in the SC Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter.
(2)
No off-street parking shall be allowed within 10 feet of any property line.
(3)
Curb cuts to parking lots shall be minimized by sharing driveways and consolidating entrances for access to adjacent parking lots.
(4)
Driveways shall be set back at least five feet from side property lines. However, driveways providing shared access to two or more properties are exempt from this standard.
(5)
Where site grading and topography result in parking areas being located at higher elevation than and visible from the adjacent roadway, planted berms shall be used to screen the view of automobiles from the roadway.
(6)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 10% of their land area. This landscaping requirement is in addition to the five-percent parcel-wide landscaping mentioned above.
(7)
In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges.
(8)
In order to provide recharge of the groundwater basin and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(b)
Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
(9)
Large surface parking areas shall be broken up by landscaped walkways connecting sidewalks and parking areas to business entrances, in order to create parking fields of no more than 250 spaces each.
§ 301-112.1 Legislative intent.
It is the purpose of the Hospital (H) Zoning Use District to implement the recommendations of the Town of Riverhead Comprehensive Plan (2003), improving the ability to address health and human service needs throughout the community and permitting the continued existence of a community-based hospital within the Town of Riverhead. The Hospital (H) Zoning Use District will serve to optimize the hospital's services and meet the growing needs of the Riverhead community, its infrastructure improvements and enhance its services to better align the hospital's services with the Town's growing needs.
§ 301-112.2 Authorization.
The Town Board of the Town of Riverhead shall be the designated agency to review, approve, amend, modify or disapprove site plans for all structures and uses in the Hospital (H) Zoning Use District.
§ 301-112.3 Permitted uses.
In the Hospital (H) Zoning Use District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided for herein:
A.
Public or private hospital, whether for profit or not for profit.
§ 301-112.4 Accessory uses.
In the Hospital (H) Zoning Use District, the following uses are permitted as accessory or ancillary to that of a hospital use:
A.
Offices for hospital staff;
B.
Medical office space;
C.
Extended care facility;
D.
Bus passenger shelter;
E.
Public utility structure, right-of-way, sewage treatment plant or water supply facility;
F.
Emergency or supporting power generating equipment;
G.
Wireless and satellite antennas;
H.
Physical therapy;
I.
Pharmaceutical facilities;
J.
Storage facilities for medical equipment, supplies and records;
K.
Food service facilities and cafeterias;
L.
Laundry facilities;
M.
Housekeeping and maintenance storage areas;
N.
Medical library, research and educational facilities;
O.
Diagnostic clinic and clinical laboratories which provide support to hospital medical functions;
P.
Imaging services, including but not limited to magnetic resonance imaging, cat scan and linear accelerator;
Q.
Diagnostic and therapeutic radiation, laser, cryotherapy equipment, including portable and accessory buildings to house same;
R.
Gift stores;
S.
Chapels or places of worship;
T.
Off-street parking facilities;
U.
Helicopter landing site for the reception and transport of emergency and trauma patients;
V.
Garages for parking and storing of emergency and maintenance vehicles subject to the following conditions:
(1)
Garages must be designed to be architecturally compatible with the primary hospital building;
(2)
Garages shall have a ten-foot lot line setback from the property line;
(3)
No parking level shall exceed 50 feet above grade, exclusive of mechanical installations, stair bulkheads and elevator bulkheads;
(4)
Parking garages and dedicated mechanical equipment space shall be excluded from all calculations for parking requirements;
(5)
Parking garage shall be provided upon the same premises they serve, or elsewhere provided that all spaces are on a parcel having a property line located within 200 feet walking distance of the premises served.
W.
Such other accessory uses customary and ancillary to a hospital facility.
§ 301-112.5 Dimensional regulations.
A.
Minimum lot area: 40,000 feet.
C.
Maximum height: 70 feet. The height limitation shall not apply to exposed rooftop bulkheads, elevator bulkheads, stair bulkheads, water towers, fire towers, hose towers, cooling towers, mechanical equipment, helipad, chimneys, parapet walls/cornices or solar energy systems. However, any structure(s) described above that exceed(s) 80 feet in height shall require a special permit from the Town Board. Height shall be measured from the average elevation of the finished grade of the building.
D.
Maximum lot coverage: 90%. The lot areas of all properties owned by the hospital shall be computed into lot coverage calculations.
E.
Maximum impervious surface: 90%. Applicable to main hospital campus only and not to lots devoted to parking uses.
F.
Maximum floor area ratio: 1.50.
G.
Any hospital use shall be developed only on properties that are connected or capable of connection to a sewer district.
§ 301-112.6 Parking spaces.
A.
Parking spaces for properties within the Hospital Zoning Use District shall be calculated as follows: one parking space per 1.5 beds.
B.
Parking to satisfy the requirements of the Hospital District may be provided on land that is contiguous with the hospital building and not owned by the hospital.
C.
Minimum parking aisle width for ninety-degree and seventy-degree angle: 18.7 feet.
D.
Minimum parking aisle width for sixty-degree angle: 15 feet.
E.
Minimum parking aisle width for forty-five-degree angle: 12 feet.
F.
Each parking space required by this section shall be directly accessible from an access aisle without having to pass over any other parking space.
§ 301-112.7 Off-street loading.
A.
One loading berth per every 150,000 square feet of floor area.
B.
Each required loading berth shall be at least 12 feet long and 14 feet wide and in no event smaller than required to accommodate the vehicles normally using such berth.
C.
No parking shall be permitted, nor shall any area be counted, in the parking area within the loading berth area.
D.
Loading berths may be provided in spaces designed to serve jointly two or more adjacent establishments.
§ 301-121 Purpose and intent.
The intent of the Calverton Industrial (CI) Zoning Use District is to allow a mix of light industrial development, and office campuses in the area outside the boundary of Enterprise Park. The Calverton Industrial Zoning Use District is intended for moderate-sized businesses; to maintain the industrially zone lands outside of Enterprise Park, while concurrently minimizing the potential impacts to surrounding areas by eliminating or significantly restricting the uses permitted in the former Industrial A Zoning Use District. In addition, the district allows and encourages commercial recreation businesses. The use of generous landscaping and open space buffers is intended to help protect the rural appearance and minimize views of development from the expressway and arterial roads.
§ 301-122 Uses.
In the Calverton Industrial (CI) Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless listed as a permitted, specially permitted or permitted accessory use in conformity with the Industrial Districts Table of Use Regulations incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said Industrial Districts Table of Use Regulations.
§ 301-123 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
B.
In order to foster environmental conservation as well as preservation of the Town's scenic and rural quality, properties shall provide attractively landscaped contiguous open space areas, equal to at least 30% of the lot area, that shield views of the development from arterial roads and the Long Island Expressway. Preference is given to preservation of existing habitat (such as meadows or forests) rather than clearance and creation of new habitat.
§ 301-124 Supplementary design standards.
A.
Design standards.
(1)
Developments of multiple buildings in the Calverton Industrial (CI) District shall be planned in a campus layout to the extent practicable as determined by the Board responsible for review. No individual building within a campus style development shall exceed 50,000 square feet.
(2)
Continuous sidewalks, off-street transit stops (where routes exist or are planned) and bike racks close to business entrances shall be provided for properties fronting Route 25 or other major arterial street.
(4)
Buffering and transitions.
(a)
Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(b)
Along borders with public or private streets, a fifty-foot transition yard shall be provided. Said transition yard shall consist of landscaped or naturally vegetated nondisturbance buffer, as deemed appropriate by the reviewing board and shall only contain signs, lighting, a driveway and sidewalks. Along property lines shared with Enterprise Park and other properties, buffer plantings of a minimum ten-foot depth shall be provided. Buffer plantings shall minimize views of paving and buildings from public streets and from Enterprise Park.
B.
Parking standards.
(1)
The number of off-street parking spaces in the CI Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter.
(2)
Planted berms shall be used to screen the view of automobiles from public roadways.
(3)
Off-street parking is prohibited within fifty-foot transition yard and within 20 feet of side and rear property lines. No more than 10% of the required parking shall be located within front yard setback area.
(4)
In order to soften the appearance of parking lots, large areas of surface parking should be broken up by rows of landscaping no less than 10 feet in width, in order to create parking fields of no more than 50 spaces each. Landscaping shall include ground cover, ornamental grasses, or low shrubs and deciduous trees. This landscaping requirement is in addition to the 30% parcel-wide landscaping mentioned above.
(5)
In order to provide recharge of the groundwater basin and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(b)
Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
§ 301-125 Purpose and intent.
The purpose of this zoning use district is to provide for the development of manufacturing, assembly, warehousing, research and development, processing and packaging of goods or products from raw materials in which the goods produced are generally of high value in relation to bulk and which do not generate offensive noise, vibration, glare, dust, smoke, gas or other nuisances. It is a further goal of the Light Industrial Zoning Use District to encourage the development of employment-creating enterprises in accordance with modern development standards.
§ 301-126 Uses.
No building or premises shall be used and no building shall be erected, reconstructed, altered or added to unless listed as a permitted, specially permitted or permitted accessory use in conformity with the Industrial Districts Table of Use Regulations incorporated into this article by reference and made part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said Industrial Districts Table of Use Regulations, except as may be hereafter specifically modified.
§ 301-127 Lot, yard, bulk and height requirements.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule incorporated into this article by reference and made part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified
§ 301-128 Design standards.
The following design standards shall apply to all uses within the Light Industrial Zoning Use District:
A.
Building design. The exterior appearances of buildings shall complement the character of existing development in the surrounding area. The objective of the building design standards is to provide overall high quality and complementary design of industrial and office buildings. Special emphasis is placed upon methods that tend to reduce the large-scale visual impact of buildings and to encourage imaginative design for individual buildings.
(1)
Building mass. Solid and unarticulated buildings are discouraged. The mass and scale of buildings shall be reduced by staggered building walls or other architectural treatments at least every 150 feet to provide architectural interest and reduce the visual scale of a building. Buildings shall include the following elements:
(a)
The use of variations in height, rooflines and grade definition is encouraged to reduce the perceived height and mass of a building.
(b)
Building entries shall be readily identifiable through the use of canopies, marquees and architectural treatment.
(c)
Where possible, buildings with smaller or multiple structures instead of one large building are preferred to reduce massive appearance.
(d)
Clusters of mature landscaping and berms shall be provided along the building facade. The landscaping clusters shall include a variety of trees and tall shrubs.
(e)
Wall texture changes shall be provided.
(f)
Small-scale elements, such as planter walls and hedges, shall be clustered around building entrances.
(2)
Materials.
(a)
One dominant material shall be selected and used through each building on a site.
(b)
It is encouraged that the front and two side elevations of all buildings and/or structures be constructed of wood or wood-appearing siding, pole barn with metal siding, architectural block or architectural precast concrete. Painted or natural utility concrete panels or masonry units should be confined to rear elevations and in loading dock areas.
(c)
Roof design shall be as aesthetically pleasing as possible (e.g., color, material, grouping) with peaked roofs preferred.
(d)
Glass windows or some similar architectural treatment shall occupy at least 10% of the front elevation of a building.
(5)
Buffering and transitions
(a)
Trash/dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(b)
Along borders with public streets, a twenty-five-foot transition yard shall be provided. Said transition yard shall consist of landscaped or naturally vegetated nondisturbance buffer, as deemed appropriate by the reviewing board and shall only contain signs, lighting, a driveway and sidewalks. Along property lines shared with Enterprise Park and other properties, buffer plantings of a minimum ten-foot depth shall be provided. Buffer plantings shall minimize views of paving and buildings from public streets and from Enterprise Park.
(c)
In order to foster environmental conservation as well as preservation of the Town's scenic and rural quality, properties shall provide attractively landscaped contiguous open space areas, equal to at least 25% of the lot area, that shield views of the development from roadways. Preference is given to preservation of existing habitat (such as meadows or forests) rather than clearance and creation of new habitat.
(6)
Parking standards.
(a)
The number of off-street parking spaces in the LI Zoning Use District shall be provided in accordance with § 301-231, Off-street parking, of this chapter.
(b)
Planted berms shall be used to screen the view of automobiles from public roadways.
(c)
Off-street parking is prohibited within twenty-five-foot transition yard and within 10 feet of side and rear property line.
(d)
In order to soften the appearance of parking lots, large areas of surface parking should be broken up by rows of landscaping no less than 10 feet in width, in order to create parking fields of no more than 50 spaces each. Landscaping shall include ground cover, ornamental grasses, or low shrubs and deciduous trees. This landscaping requirement is in addition to the 25% parcel-wide landscaping requirement.
B.
No more than 10% of the required parking shall be located in the front yard setback area.
C.
All service and loading areas shall be screened from the view from streets by a combination of walls, fencing, vegetation or berms.
D.
The front and side facades shall be constructed with materials as specified in § 301-128A(2). At least 50% of the linear width of the front facade shall consist of transparent windows.
E.
Building shape, massing and siding shall reflect the prevalent character of surrounding buildings on the block.
§ 301-129 Performance criteria.
A.
All development subject to the provisions of Article 6 of County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health Services.
B.
All development shall be connected to the appurtenances of the Calverton Sewer District if located within the boundaries of the District or if required to connect as part of the development of the parcel.
C.
All development shall comply with the provisions of Articles 7 and 12 of the Suffolk Sanitary Code.
D.
All development involving significant discharges to groundwater and located proximate to public water supply wells shall require measures to mitigate impacts upon water quality as required under Article 17 of the New York State Environmental Conservation Law. The Suffolk County Department of Health Services' guidelines for private wells should be used for private wellhead protection.
E.
Development proposals for sites containing or abutting freshwater wetlands shall be separated by a nondisturbance buffer area which shall be in accordance with Article 24 of the New York State Environmental Conservation Law, the Wild, Scenic and Recreational Rivers Act and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation, field delineation or local ordinance. Stricter buffer areas may be established for wetlands as appropriate. Buffer areas shall be delineated on development plans with conditions imposed to assure the preservation of the freshwater wetland resource. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument.
F.
Development proposals for sites within the regulated area of the New York Wild, Scenic and Recreational Rivers Act shall conform to the standards of the Act. Variances from the Act shall meet all requirements imposed by the State of New York in order to be deemed to have met the requirements of this standard. Additional relief from the Town of Riverhead Zoning Board of Appeals shall not be required.
G.
All stormwater generated by development shall be recharged on site unless surplus capacity exists in an off-site drainage system. In the review of development plans, the Town Board shall encourage the use of natural recharge areas or drainage system design which results in minimal disturbance of native vegetation with the use of natural swales and depressions as an alternative to excavated recharge basins where feasible. Development plans should include the use of ponds only if such ponds are designed to retain stormwater and are not merely constructed for aesthetic purposes. Adequate measures should be employed to control soil erosion and stormwater runoff during construction, as per guidelines promulgated by the New York State Department of Environmental Conservation.
H.
For parcels located with the Compatible Growth Area the maximum clearing permitted shall 60% of the parcel, with a minimum open space requirement of 40% pursuant to the Central Pine Barrens Comprehensive Land Use Plan and Article XLI, Pine Barrens Overlay District, of this chapter. The applicable clearance percentage shall be calculated over the entire parcel, including but not limited to public highways, roadways, building sites, parking areas, drainage structures and recharge areas. Development plans shall delineate the existing naturally vegetated areas, shall calculate those portions of the site that are already cleared due to previous activities, and shall contain calculations for the amount of disturbances of native vegetation and indicate the clearing limits thereof.
I.
Land subdivision maps and site plans shall be designed to encourage the preservation of large unbroken blocks that provide for contiguous open spaces to be established when adjacent parcels are developed. Applications for subdivision and site plan shall contain calculations for clearing, and these limits shall become part of the filed map or approved drawings.
J.
Development projects shall place no more than 15% of the entire site in fertilizer-dependent vegetation. Development designs shall consider native planting suggestions made part of the plan.
K.
Development which will have a significant negative impact upon a habitat essential to those species identified on the New York State maintained lists as rare, threatened or of special concern, or upon the communities classified by the New York State Natural Heritage Program as G1, G2 or G3 or as S1, S2 or S3 or upon any federal listed endangered or threatened species, appropriate mitigation measures, as determined by the state, county or local government agency, shall be imposed to protect such species.
L.
Development projects shall minimize disturbance of the natural grade and/or natural vegetation where slopes exceed 10%. Construction in areas with slopes exceeding 10% may be approved if the site design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Where applicable, nondisturbance buffers shall be placed on those portions of the site where slopes exceed 10%. Development plans shall include a slope analysis depicting existing slopes in the ranges of 0% to 10%, 11% to 15% and 15% or greater. Erosion and sediment control plans and details of retaining walls and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%.
M.
Prior to construction, soil erosion and sediment control plans shall be prepared and approved which achieve the following objectives:
N.
In order to provide for orderly development and the efficient provision of infrastructure, applications for development projects depicting either open space or reserve areas shall specify the conditions of ownership and the use of such lands, and such conditions shall be set forth in the deed of dedication, declaration of covenants, conservation easement or similar instrument.
O.
Where applicable, development pursuant to the provisions of Article LIII, Subdivision Regulations, of this chapter shall be encouraged to preserve open spaces.
P.
Any existing, expanded or new activity involving agricultural production or horticulture shall comply with best management practices as set forth in the plan, as may be amended from time to time.
Q.
Development plans shall indicate established recreational and educational trails and trail corridors, active recreational sites, scenic corridors, roads, vistas and viewpoints, sites of historical or cultural significance, including historic districts, sites on the State or National Register of Historic Places and historic structures listed on the State or National Register of Historic Places, or recognized by local law or statute, sensitive archaeological sites as identified by the New York State Historic Preservation Officer or the New York State Museum, within 500 feet of the proposed development, and shall provide adequate measures to protect such natural resources. The use of existing natural buffers or the restoration of degraded buffer areas, the use of signs or other man-made structures, consistent in style and scale with the community character, or other similar measures shall be taken to protect roadside areas as well as scenic and recreational resources.
R.
All commercial or industrial development shall comply with the applicable provisions of the Suffolk County Sanitary Code and all other applicable federal, state or local laws.
S.
A buffer of 1,000 feet and no more than 50% disturbance shall be permitted around verified endangered species breeding ponds pursuant to New York State Department of Environmental Conservation (NYSDEC) freshwater wetlands permit requirements.
T.
Development within the LI District shall comply with Chapter 251, Article I, Noise, of the Code of the Town of Riverhead, which limits such noise levels from commercial and industrial properties to neighboring properties to 65 dBA between the hours of 7:00 a.m. and 8:00 p.m., and 50 dBA between the hours of 8:00 p.m. and 7:00 a.m. [see § 251-5L(2)]. In the event that such noise levels are exceeded, such additional noise abatement measures including increasing such setbacks or the provision of noise walls or the provision of berms, fences, vegetation and the like, shall be provided for.
§ 301-130 Purpose and intent.
A.
It is the purpose of this article to establish the Industrial Receiving District in order to establish receiving sites for both Pine Barrens credits and other identified development credits which may be transferred pursuant to the procedure set forth herein, Article XLII, Transfer of Development Rights, of this chapter, and § 261-a of the Town Law of the State of New York.
B.
It is the further intent of this article to set forth the procedure upon which the Town Board may establish an Industrial Receiving District, such district to be established on a floating zone basis with the necessary controls and provisions necessary to accomplish the aforementioned purpose.
C.
It is the purpose of the Industrial Receiving District legislation to provide for more desirable development and more efficient use of real property than is achievable under existing zoning and environmental regulation consistent with the recommendations of the Central Pine Barrens Comprehensive Land Use Plan and the Town of Riverhead Master Plan.
§ 301-131 Zoning Map amendments.
The Town Board may amend the Zoning Use District Map of the Town to provide for an Industrial Receiving District upon its own motion or upon the petition of a property owner pursuant to the provisions of this article, Article XLII, Transfer of Development Rights, of this chapter and Article 16 of Town Law of the State of New York. The procedure for the establishment of an Industrial Receiving District shall be in accordance with the procedure for zoning amendment pursuant to Article LX, Amendments and Changes, of this chapter.
§ 301-132 Criteria for establishment.
A.
An Industrial Receiving District may be authorized where the Town Board finds that the receiving area contains adequate transportation, water supply, waste disposal and fire protection and that there will be no significant environmentally damaging consequences due to increased development intensity, pursuant to § 261-a of the Town Law of the State of New York.
B.
An Industrial Receiving District shall be established in accordance with the recommendations of either the Central Pine Barrens Comprehensive Land Use Plan or the Master Plan of the Town of Riverhead and amendments thereto.
C.
A generic environmental impact statement pursuant to Article 8 of the New York State Environmental Conservation Law shall be prepared prior to the establishment of such district.
D.
The Industrial Receiving District shall be created consistent with a Comprehensive Plan pursuant to § 263 of the Town Law of New York State.
E.
Where the transfer of development rights affects two or more school districts, the sending area shall not unreasonably transfer the tax burden among the taxpayers of the Receiving District.
F.
The report and recommendation of the Planning Board shall be required.
§ 301-133 Development standards.
Upon the establishment of an Industrial Receiving District by the Town Board, a property owner may apply to the Planning Board for approval in accordance with the applicable provisions of this chapter. The transfer or redemption of Pine Barrens credits shall allow the property owner to increase the "as of right" building intensity without further zoning approvals. Development of an Industrial Receiving District shall be in accordance with the following standards:
A.
No land clearing, construction or development shall occur on any real property within the Industrial Receiving District prior to the approval of a site plan approved by the Planning Board in accordance with this article and pursuant to § 301-291 of this chapter.
B.
Approval of the site plan shall be conditioned upon the maximum allowable sanitary discharge level acceptable to the Suffolk County Department of Health Services pursuant to Article 6 of the Suffolk County Sanitary Code.
C.
Approval of the site plan shall be conditioned upon the landowner providing the necessary legal instruments (i.e., conservation easement, deed, covenants and title certification) to effect the redemption of Pine Barrens credits.
D.
The maximum allowable sanitary discharge at the site upon the use of Pine Barrens credits may not exceed that discharge provided by Article 6 of the Suffolk County Sanitary Code.
E.
Public water must be provided to the development site within the Industrial Receiving District, and, where applicable, public water shall be available downgradient of the development project in the Receiving District.
F.
All principal and accessory uses provided as permitted or special permit uses in the underlying industrial zoning use district shall be permitted in the industrial receiving area. There shall be no residence or dwelling as a principal use within the Industrial Receiving District.
§ 301-134 Area descriptions.
The areas described shall be the Industrial Receiving District in accordance with the recommendations of the Central Pine Barrens Comprehensive Land Use Plan:
A.
Beginning on the south side of Middle Country Road (known as State Road 25) in the Hamlet of Calverton at a point located at the southeast corner of the intersection of Edwards Ave. and Middle Country Rd.
Running thence in an easterly direction on the south side of Middle Country to a point located at the easterly property line of 0600-117-2-11. |
Running thence in a southeast direction along the property line south of Splish Splash Drive, continue running southeast along property to a point located at the northeast corner of Parcel 0600-118-1-3.1.1. |
Running thence in a southerly direction along property line approx. 1,405 feet to the southeast corner of parcel 0600-118-1-3.1 at this point proceed southwest along the north side of the Long Island Expressway property line to a point located at the southwest corner of the parcel 0600-138-1-23.1. Continue running in a southwest direction along the north property line of the Long Island Railroad to a point located at the southwest corner of parcel 0600-137-1-8 intersecting Edwards Avenue. |
Running thence in a northerly direction along the east side of Edwards Avenue to a point approx. 3,100 feet. |
Running thence in a westerly direction crossing over Edwards Ave. following the south property line of parcel 0600-117-1-8.4 for approx. 2,095 feet, continue in a westerly direction along the south property line of parcel 0600-116-2-7.4 for approx. 1,687 feet to a paper street known as Peconic Ave. |
Running thence cross over Peconic Ave. and to the southeast corner of parcel 0600-116-1-7.1. |
Running thence in a westerly direction along property line 1,721 feet, then north on said property line for approx. 500 feet then east on property line approx. 266 feet then north along property line approx. 1,656 feet. |
Running thence in a westerly direction along property line approx. 1,629 feet (southern property lines of parcels 0600-116-1-1, 2, 3.1). |
Running thence in a northerly direction approx. 504 feet. At this point. |
Running thence west 325 feet to a point. |
Running thence north approx. 1,958 feet to a point south side of Middle Country Road. |
Running thence in an easterly direction on the south side of Middle Country Road to the point of beginning. |
B.
Beginning at point of intersect on the southerly side of Port Jefferson-Riverhead Road (N.Y.S. Rte. 25A) and westerly side of Wading River - Manorville Road, otherwise known as the northeast corner of said property District: 0600 Section: 073 Block: 01 Lot: 1.12.
[Added 2-1-2000]
Thence running in a westerly direction along the southerly side of Port Jefferson - Riverhead Road (N.Y.S. Rte. 25A), 1,468 feet to a point located at the northwest corner of said property District: 0600 Section: 073 Block: 01 Lot: 1.2 (Alexander - Tuthill Funeral Home). |
Thence running in a southerly direction along the westerly property line 508 feet to the southwest corner of said property District: 0600 Section: 073 Block: 01 Lot: 1.12 (Alexander - Tuthill Funeral Home) also known as the Riverhead - Brookhaven Town Line. |
Thence running in an easterly direction 1,493 feet to the southeast corner of said property District: 0600 Section: 073 Block: 01 Lot: 1.14. |
Thence running in a northerly direction along the westerly side of Wading River - Manorville Road 513 feet to place or point of beginning. |
C.
Beginning at a point on the easterly side of Wading River - Manorville Road the southeast corner of said property District: 0600 Section: 075 Block: 03 Lot: 18.3 known as the United States Postal Service.
[Added 2-1-2000]
Thence running in a northerly direction 470 feet along the easterly side of Wading River - Manorville Road. |
Thence running in an northeasterly direction 42 feet to a point located on the southerly side of Port Jefferson - Riverhead Road (N.Y.S. Rte. 25A) |
Thence running in an easterly direction 2,045 feet along the southerly side of Port Jefferson - Riverhead Road (N.Y.S. Rte. 25A) to a point located at the northeast corner of said property District: 0600 Section: 075 Block: 3 Lot: 04. |
Thence running along the easterly property line of said property District: 0600 Section: 075 Block: 03 Lot: 04 in a southerly direction 500 feet. |
Thence running in a westerly direction in an imaginary line to a point located at the southeast corner of said property District: 0600 Section: 075, Block: 03 Lot: 3.6 and continuing in a westerly direction along the southerly property lines of said parcels, District: 0600 Section: 075 Block: 03 Lots: 3.6, 3.3, and 18.3 for 2,052 feet to place or point of beginning. |
D.
Beginning at a point of terminus on the southerly side of Old Country Road (C.R. 58) and westerly side of Kromer Ave, known as the northeast corner of said property now or formerly owned by Ehrler, Barclay (District: 0600 Section: 119 Block: 01 Lot: 36.
[Added 2-1-2000]
Thence running in a westerly direction along the southerly side of Old Country Road (C.R. 58) 291 feet. |
Thence running in a southerly direction 2,554 feet along the westerly property line of the following parcels, District: 0600 Section: 119 Block: 01 Lots: 36, 35.4, 35.3 to a point located at the southeast corner of parcel now or formerly owned by Kromer Ave. Associates Inc. (District: 0600 Section: 19 Block: 01 Lot: 35.3). |
Thence running in a easterly direction along the northerly property line of the Long Island Railroad 335 feet to a point located at the southeast corner of parcel now or formerly owned by Kromer Ave. Associates, Inc. (District: 0600 Section: 119 Block 01 Lot: 35.3). |
Thence running in a northerly direction along the westerly side of Kromer Ave. 2,588 feet (The easterly property lines of the following parcels District: 0600 Section: 119 Block: 01 Lots: 35.3, 35.5, 35.4, and 36) to point or place of beginning. |
E.
Beginning at a point of intersect on the southerly side of Old Country Road (C.R. 58) and the easterly side of Kromer Ave, known as the northwest corner of said property now or formerly owned by Preuss, Carl & Angela (District: 0600 Section: 119 Block: 01 Lot: 40).
[Added 2-1-2000]
Thence running in an easterly direction along the southerly side of Old Country Road (C.R. 58) 1,045 feet to the northeast corner of said property now or formerly owned by World Life Entertainment Inc. (District: 0600 Section: 119 Block: 01 Lot: 24). |
Thence running in a southerly direction 2,642 feet along the easterly property line of parcel District: 0600 Section: 119 Block: 01 Lot: 24 to the northern property line of the Long Island Railroad. |
Thence running in a westerly direction 1,046 feet along the northerly property line of the Long Island Railroad to the southwest corner of said property now or formerly owned by Paraco Gas Corp. (District: 0600 Section: 119 Block: 01 Lot: 31.2). |
Thence running in a northerly direction 2,597 feet along the easterly side of Kromer Ave. (The westerly property lines of the following parcels District: 0600 Section 119 Block: 01 Lots: 31.2, 32.1, 32.2, 30, 29, 28.6, 28.5, 28.4, 28.2, 27.1, 26.1, and 40) to point or place of beginning. |
F.
Beginning at a point of intersect on the easterly side of Kromer Ave. and the northerly of West Main Street (S.R. 25) known as the southeast corner of property now or formerly owned by 1993 Roanoke Apts. Corp., % Soundview Prop. Mgmt. (District: 0600 Section: 119 Block: 02 Lot: 4.1).
[Added 2-1-2000]
Thence running in a northerly direction along the easterly side of Kromer Ave. 99 feet to the southern property line of the Long Island Railroad. |
Thence running in an easterly direction 1,008 feet along the southern property line of the Long Island Railroad to the northeast corner of said property now or formerly by Mondello, Nicholas and Hoffman, Greg (District: 0600 Section: 119 Block: 02 Lot: 7.1). |
Thence running in a southerly direction 190 feet along the property line of said parcel District: 0600 Section: 119 Block: 02 Lot: 7.1 to the northerly side of West Main Street (S.R. 25). |
Thence running in a westerly direction 1,426 feet along the northern side of West Main Street (S.R. 25), (the southern property lines of the following parcels District: 0600 Section: 119 Block: 02 Lots: 7.1, 5, 4.1) to the point or place of beginning. |
G.
Beginning at a point of intersect on the northerly side of West Main Street (S.R. 25) and the westerly side of Kromer Ave. known as the southeast corner of said property now or formerly owned by Isler, Frank and Semaschuk, Walter (District: 0600 Section: 119 Block: 02 Lot: 02).
[Added 2-1-2000]
Thence running in a northerly direction 93 feet along the westerly side of Kromer Ave. to the southerly property line of the Long Island Railroad. |
Thence running in a westerly direction 335 feet along the southern property line of the Long Island Railroad to the northwest corner of said property now or formerly owned by Gedo, Inge (District: 0600 Section: 119 Block: 02 Lot: 01). |
Thence running in a southerly direction 27 feet along the western property line of parcel District: 0600 Section: 119 Block: 02 Lot: 01 to the northern side of West Main Street (S.R. 25). |
Thence running in an easterly direction 357 feet along the northern side of West Main Street (S.R. 25), (the southern property lines of the following parcels District: 0600 Section: 119 Block: 02 Lots: 1 and 2) to the point or place of beginning. |
H.
Beginning at a point on the northerly side of New York State Route 25A at the South West corner of parcel 0600-075-01-4.5 a distance of 2,076.0 feet more or less, east from the intersection of New York State Route 25A and Wading River Manorville Road.
[Added 6-20-2000]
Running thence from said point of beginning North 02 degrees 52 minutes 00 seconds West 500 feet (westerly property line of 0600-01-75-4.5). |
Thence North 87 degrees 08 minutes 00 seconds East 1,494.0 feet (along the northerly property line of parcels 0600-01-4.5 and 4.1). |
Thence North 02 degrees, 52 minutes, 00 seconds West 332 feet (westerly property line of 0600-75-01-7). |
Thence South 64 degrees, 40 minutes, 40 seconds East 216 feet (along the southerly side of Parker Road). |
Thence South 02 degrees, 52 minutes, 00 seconds West 350 feet (easterly property line of 0600-75-01-7). |
Thence North 87 degrees, 08 minutes, 00 seconds East 500 feet (northerly property line of 0600-75-01-8.1). |
Thence North 02 degrees, 52 minutes, 00 seconds West 143 feet (westerly property line of 0600-75-01-9). |
Thence South 52 degrees, 30 minutes, 30 seconds East 200 feet (southerly side of Parker Road). |
Thence South 62 degrees, 04 minutes, 00 seconds East 273 feet (southerly side of Parker Road). |
Thence South 02 degrees, 49 minutes, 20 seconds West 266 feet to New York State Route 25A (easterly property line of 0600-75-01-9). |
Thence South 87 degrees, 08 minutes, 00 seconds West 2,611 feet more or less along the northerly side of New York State Route 25A (along the southerly property line of parcels 0600-01-75-9, 8.1, 7, 4.1 and 4.5) to the point of beginning. |
§ 301-135 Uses allowable as special exception; findings; intent.
B.
Purposes and considerations.
(1)
In the execution of this article, it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.
(2)
It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Riverhead.
§ 301-136 Restriction on location of adult uses.
The adult uses as defined § 301-3 above are to be restricted as to location in the following manner in addition to any other requirements of this Code:
A.
Any of the above uses shall not be located within a five-hundred-foot radius of any area zoned for residential use.
B.
Any of the above uses shall not be located within a one-half-mile radius of another such use.
C.
Any of the above uses shall not be located with a five-hundred-foot radius of any school, church or other place of religious worship, park, playground or playing field.
§ 301-137 Conditions for waiver of restrictions.
The restrictions enumerated in § 301-136 above may be waived by the Town Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in this chapter:
A.
The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and interest of this article will be observed;
B.
The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and
§ 301-138 Number of adult uses restricted.
No more than one of the adult uses as defined in § 301-3 shall be located on any lot.
§ 301-139 Termination of legal nonconforming uses.
By amortization, the right to maintain a legal nonconforming adult use shall terminate in accordance with the following schedule:
Amount of Capital Investment1 as of the Effective Date of this Article | Date Before Which Use Shall Terminate |
|---|---|
0 to 5,000 | January 1, 2000 |
5,001 to 8,000 | January 1, 2001 |
8,001 to 15,000 | January 1, 2002 |
15,001 to 22,000 | January 1, 2003 |
22,001 or more | January 1, 2004 |
§ 301-140 Purpose and intent.
The intent of the Downtown Center 1: Main Street (DC-1) Zoning Use District is to allow, maintain, and foster a traditional downtown character along Main Street, with a pedestrian-friendly streetscape, active ground-floor uses, a twenty-four-hour presence from upper-story residential, with a compact, walkable scale.
§ 301-141 Uses.
In the DC-1 Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses:
[Amended 2-7-2006 by L.L. No. 8-2006]
(2)
Banks.
(3)
Personal service businesses.
(4)
Indoor public markets.
(5)
Art galleries and studios.
(6)
Museums, libraries, aquariums and other cultural attractions.
(7)
Restaurants, cafes, bakeries with retail sale on premises, banquet facilities, specialty food stores, ice cream parlors.
(8)
Theaters and cinemas.
(9)
Professional offices (except for veterinary offices) on the ground floor.
(10)
Schools (including business and secretarial).
(11)
Places of worship.
(12)
Residential units on upper floors, subject to the following conditions:
[Amended 11-17-2009 by L.L. No. 62-2009]
(a)
Studio apartments or efficiency units consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities, shall have a minimum of 300 square feet and a maximum of 450 square feet.
(b)
Except as set forth in Subsection A(12)(a) above, the dwelling unit may contain one kitchen, one dining room, one living room, one or two bathrooms and up to two bedrooms. Rooms designated as dens, libraries, studios, family rooms, bonus rooms, computer rooms, or any similarly named room, shall be deemed to be additional bedrooms, unless the room is designed such that the dimensions are less than 70 square feet or as part of an open floor plan design.
(c)
The application for site plan approval must include all floor plans which demonstrate compliance with the provisions in Subsection A(12)(a) and (b) above.
* | Note: Subsequent to the date of enactment of this article, upon the issuance of certificates of occupancy for 500 residential units, such residential units as set forth in Subsection A(12) of this section shall be prohibited within the DC-1 Zoning Use District. |
(13)
Bed-and-breakfast establishments.
(14)
Townhouses upon lots with frontage along public highways other than New York State Route 25.
B.
Special permit uses:
(1)
Hotels.
(2)
Marinas.
(3)
Taverns.
(4)
Indoor recreation facilities.
(5)
Day-care, nursery schools.
(6)
Dormitories, on upper floors.
(7)
Retail stores with greater than 10,000 square feet of gross leasable floor area.
(8)
Microbrewery, brew pub, microcidery and microwinery, subject to the following additional criteria:
[Added 7-7-2015 by L.L. No. 10-2015]
(a)
The use shall not be located within 200 feet of a school or house of worship.
(b)
The use shall be limited to serving prepackaged food products, unless the applicant obtains approval and a certificate of occupancy for use as a brew pub or restaurant use within that portion of the premises used for preparation and service of food.
(c)
The use shall permit tastings and sale for on-site consumption, subject to all required permits and approvals required by state and local laws, rules and regulations.
(d)
The use shall permit sale for off-site consumption (i.e., filling of growlers) limited to 1,000 barrels annually and offer to licensed retailers and wholesalers limited to 2,500 barrels of beer, cider or wine annually.
(e)
The processing and manufacturing shall not exceed 10,000 barrels (310,000 gallons) annually.
(f)
All manufacturing and processing activities, including storage of grains, shall take place within an enclosed building.
(g)
A maximum of 70% of the total square footage shall be used for manufacture and processing.
(h)
A minimum of 30% shall be used for the sale and marketing of the manufactured product.
(i)
All sales and marketing shall be located in the portion of the building located along road frontage.
(j)
A microbrewery, brew pub, microcidery or microwinery use shall be required to hook up to the sewer system and enter into a monitoring agreement with the Sewer District to determine flow and calculate the use fee. (Note: A separate hookup and fee shall be assessed for a pub/restaurant use related to a brew pub.)
(k)
All loading areas shall be located in the rear portion of the building.
C.
Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following:
(1)
Artists' studios, provided that they occupy 40% or less of a principal residence or are located in a detached accessory building on a residential parcel, and do not exceed 1,000 square feet of floor area.
D.
Prohibited uses:
(1)
All ground-floor offices, with the exception of real estate and professional offices.
(2)
Office-only buildings.
(3)
Ground-floor residential units, with the exception of townhouse uses.
(4)
Flea markets, with the exception of farmers markets.
(5)
Gas stations, car washes, and other automobile-oriented uses.
(6)
Drive-through windows for restaurants and banks.
(7)
Antennas for wireless providers.
§ 301-142 Lot, yard, bulk and height requirements.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 301-143 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 21-2009]
The design, buffer and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
The principal building entrance and front shall face the primary street frontage and sidewalk. Secondary building entrances on the south side of Main Street shall face the Peconic Riverfront.
(2)
At least 75% of linear width of the front facade shall be comprised of transparent windows. Where shade is desired, awnings are encouraged. Windows may not be obscured more than 10% by opaque banners, or either permanent or temporary advertisements or signs.
(3)
Building shape, massing, and siting should reflect the prevalent character of surrounding buildings on the block.
(4)
Facades of commercial buildings that face sidewalks or pedestrian walkways shall be required to have variations in facade plane, piers, or other architectural features.
(5)
Signage in the DC-1 Zoning Use District shall be provided in accordance with Article XLVIII, Signs, of this chapter.
(6)
Buffering and transitions.
(a)
Trash and/or dumpster areas shall be screened by wood fences or landscaping, or a combination thereof pursuant to § 245-8.
(b)
Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial businesses and adjoining residential uses.
(c)
Deliveries and loading activities shall, to the extent possible, be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays.
B.
Parking standards.
(1)
The number of off-street parking spaces in the DC-1 Zoning Use District shall be provided in accordance with § 301-231, Off-street parking.
(2)
Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to a twenty-percent reduction in off-street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times.
(3)
The parking requirement may be reduced with payment of a fee in lieu of providing off-street parking as provided for in § 301-231.
(4)
Off-street parking shall not be permitted in the front yard. Parking shall be sited to the rear of buildings, away from street frontage(s) when possible, or to the side of buildings. In all cases, garages and parking areas shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line.
(5)
Parking may also be located fully below buildings, partially below grade in a building, or at grade within a building, provided it is fully enclosed and no entry is provided facing a public street or front yard. Structured parking that is partially below grade shall be screened from the street by steps, trellises, or screens.
(6)
Curb cuts to parking lots and garages shall be minimized by sharing driveways for access to adjacent parking lots. However, curb cuts and driveways are prohibited along the front property line for properties less than 30 feet in width; in these situations, parking must be accessed from a rear alley, side street, or shared rear lot.
C.
Storefronts and facade standards. The storefronts and facades of building(s)/structure(s) shall be maintained in a way that does not provide evidence of vacancy. The interiors, when visible to passersby through storefront windows, shall be maintained in a way that does not exhibit evidence of vacancy. Any storage within the building(s)/structure(s) shall be concealed by means of storefront and/or window decor, displays, etc. Spray painting or frosting windows is not an acceptable means by which an owner of property may conceal that which is within.
[Added 10-17-2017 by L.L. No. 22-2017]
§ 301-144 Purpose and intent.
The intent of the Downtown Center 2: Waterfront (DC-2) Zoning Use District is to create a downtown waterfront area that meets the combined goals of continuous pathways and public waterfront access, generous open space and landscaping, and watershed protection through limits on impervious surfaces.
§ 301-145 Uses.
In the DC-2 Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
§ 301-146 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
In order to foster environmental conservation as well as preservation of the Town's scenic and rural quality, properties shall provide a contiguous open space area equal to at least 30% of the lot area. Such open space areas shall use native plant species to enhance the appearance and function of the riverfront as ecological habitat. In order to protect the health of the river, the use of lawns and other plantings which rely on fertilizers and herbicides is strongly discouraged at the rear of lots facing the river.
§ 301-147 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 22-2009]
The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
All properties shall provide a pedestrian easement for a walking trail that connects to existing trails or provides the ability to connect to future trails on adjacent properties. Trails shall be at least four feet wide and constructed of a permeable surface.
(2)
New buildings and all other elements of the site plan, including access, parking areas and landscaped open space, shall be sited to preserve and enhance pedestrian pathways to, and view corridors of, the Peconic River.
(3)
All buildings in the DC-2 Zoning Use District shall provide entries to both a public street and the Peconic River walkway or trail.
(4)
For building facades facing West or East Main Street, at least 50% of the linear width of the facade shall be comprised of transparent windows. Where shade is desired, awnings are encouraged. Windows may not be obscured more than 10% by opaque banners, or either permanent or temporary advertisements or signs.
(5)
Signage in the DC-2 Zoning Use District shall be provided in accordance with Article XLVIII, Signs, of this chapter.
(6)
Buffering and transitions.
(a)
Trash and/or dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(b)
Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial businesses and adjoining residential uses.
(c)
Deliveries and loading activities shall, to the extent possible, be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays.
B.
Parking standards.
(1)
The number of off-street parking spaces in the DC-2 Zoning Use District shall be provided in accordance with § 301-231, Off-street parking.
(2)
Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to a twenty-percent reduction in off-street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times.
(3)
The parking requirement may be reduced with payment of a fee in lieu of providing off-street parking as provided for in § 301-231.
(4)
Off-street parking shall not be permitted in the front yard. Parking shall be sited to the rear of buildings, away from street frontage(s) when possible, or to the side of buildings. In all cases, garages and parking areas shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line.
(5)
Parking may also be located fully below buildings, partially below grade in a building, or at grade within a building, provided it is fully enclosed and no entry is provided facing a public street or front yard. Structured parking that is partially below grade shall be screened from the street by steps, trellises, or screens.
(6)
Curb cuts to parking lots and garages shall be minimized by sharing driveways for access to adjacent parking lots. However, curb cuts and driveways are prohibited along the front property line for properties less than 30 feet in width; in these situations, parking must be accessed from a rear alley, side street, or shared rear lot.
(7)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses or low shrubs for at least 15% of their land area. This landscaping requirement is in addition to the thirty-percent parcel-wide landscaping mentioned above.
(8)
In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot and along the edges.
(9)
In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(b)
Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
§ 301-148 Purpose and intent.
The intent of the Downtown Center 3: Office (DC-3) Zoning Use District is to allow, maintain, and foster a traditional downtown character, similar to that of the Downtown Center 1: Main Street (DC-1) Zoning Use District, but with lower intensities. The DC-3 Zoning Use District complements the State Supreme Court of Suffolk County Complex by allowing a moderate-intensity mix of uses, with ground-floor offices and retail and a greater mix of housing types.
§ 301-149 Uses.
In the DC-3 Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses:
(1)
Retail stores.
(2)
Banks.
(3)
Personal services businesses.
(4)
Funeral homes.
(5)
Art galleries and studios.
(6)
Restaurants, cafes, bakeries with retail sales on premises, banquet facilities, ice cream parlors.
(7)
Offices and professional offices.
(8)
Governmental offices or other public offices.
(9)
Museums, libraries and other cultural attractions.
(10)
Schools (including business and secretarial).
(11)
Places of worship.
(12)
Townhouses.
(13)
Parking facilities.
(14)
Movie theater and multiplex cinema.
[Added 6-7-2005 by L.L. No. 15-2005]
§ 301-150 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
New buildings in the Downtown Center Zoning Use Districts shall comply with the lot, yard, bulk, and height requirements of the Zoning Schedule. However, the Town Board shall have discretion during site plan approval to increase front yard setbacks based on the existing setbacks of adjacent structures, so as to maintain a unified street wall pattern.
C.
Exemptions. Bay windows, unenclosed porches, and other front and side projections shall be exempt from the calculation of building area, so as to encourage a variety in facade design. However, such projections shall be required to meet the setback requirements of the Zoning Schedule.
§ 301-151 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 23-2009]
The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
The principal building entrance and front shall face the primary street frontage and sidewalk.
(2)
For ground-floor commercial space, at least 50% of the linear width of the front facade shall be comprised of transparent windows. Where shade is desired, awnings are encouraged. Windows may not be obscured more than 20% by opaque banners, or either permanent or temporary advertisements or signs.
(3)
Building shape, massing, and siting should reflect the prevalent character of surrounding buildings on the block.
(4)
Facades of commercial buildings that face sidewalks or pedestrian walkways shall be broken up into bays of no more than 30 feet in width, through use of variations in facade plane, piers, or other architectural features.
(5)
Signage in the DC-3 Zoning Use District shall be provided in accordance with Article XLVIII, Signs, of this chapter.
(6)
Buffering and transitions.
(a)
Trash and/or dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(b)
Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial businesses and adjoining residential uses.
(c)
Deliveries and loading activities shall, to the extent possible, be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays.
B.
Parking standards.
(1)
The number of off-street parking spaces in the DC-3 Zoning Use District shall be provided in accordance with § 301-231, Off-street parking.
(2)
Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to a twenty-percent reduction in off-street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times.
(3)
The parking requirement may be reduced with payment of a fee in lieu of providing off-street parking as provided for in § 301-231.
(4)
Off-street parking shall not be permitted in the front yard. Parking shall be sited to the rear of buildings, away from street frontage(s) when possible, or to the side of buildings. In all cases, garages and parking areas shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line.
(5)
Parking may also be located fully below buildings, partially below grade in a building, or at grade within a building, provided it is fully enclosed and no entry is provided facing a public street or front yard. Structured parking that is partially below grade shall be screened from the street by steps, trellises, or screens.
(6)
Curb cuts to parking lots shall be minimized by sharing driveways for access to adjacent parking lots.
(7)
In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot and along the edges.
(8)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses or low shrubs for at least 15% of their land area.
(9)
In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(b)
Landscaped areas of parking lots shall be planted, situated and graded in a manner to provide infiltration and detention of runoff from paved areas.
§ 301-151.1 Purpose and intent.
A.
The intent of the Railroad Avenue Urban Renewal Area Overlay District ("RRA-OD") is to allow, maintain, and foster a traditional downtown character to complement the character of Main Street, with transit oriented development, a pedestrian-friendly streetscape, active ground-floor uses, meaningful public spaces and uses, a twenty-four-hour presence from upper-story residential at an intensity similar to that of the DC-1 Main Street District where feasible and at a scale that is suitable for the property size.
B.
The Town Board recognizes that although the adoption of the DC-1 District code provisions has resulted in investment in the downtown area, there has not been a comparable investment within the DC-3 District and even with the designation of an opportunity zone which defers and reduces taxes on capital gains in exchange for capital investment, redevelopment has not occurred. This overlay district is formed in recognition of the blighted conditions that exist in this area of the downtown and the unique obstacles which face the area and which have deterred redevelopment as documented in the 1990 Urban Renewal Plan, the 2003 Comprehensive Plan, and the 2015 Brownfield Opportunity Area Step II Nomination Study.
C.
The Town Board sees this as a unique opportunity for revitalization to build upon the success of the downtown and which will create important synergies with key resources including the Suffolk County Supreme Court Complex, LIRR Station, Riverhead Public Library, Railroad Museum and Riverhead Historic Society Museum. By permitting a higher-intensity mix of uses, with ground-floor offices and retail and residential on upper floors for larger sites within the area, the Town seeks to activate this area of the downtown that has not experienced significant investment since the implementation of zoning district recommended by the 2003 Comprehensive Plan.
§ 301-151.2 Applicability.
A.
This article shall be applicable to properties at least 20,000 square feet in size within the Railroad Avenue Urban Renewal Area. Utilization of the RRA-OD provisions is voluntary for applicants meeting the lot area threshold.
B.
The provisions of the overlay district provide an alternative option for landowners in development of properties of at least 20,000 square feet and provides means to achieve additional density through the provision of community benefits for properties over one acre.
C.
Developments within the RRA-OD may incorporate one or more adjoining properties outside of the overlay district boundary to provide related site amenities and limited building encroachments as long as the total area of such parcels do not increase the property by more than 50%.
§ 301-151.3 Definitions.
As used in this article, the following terms shall have the meanings indicated:
An establishment which contains three or more individual businesses in an area where food can be served and diners can enjoy flexible seating, entertainment, with up to 20% of the businesses dedicated to retail. A food hall includes shared entry ways and common flexible space to provide area for dining or entertainment (indoor and/or outdoor), shared restrooms, dumpsters, and facilities such as HVAC, storage areas, and loading dock; and may include shared food prep facilities.
A product used to create a stabilized but pervious area for parking using a plastic grid system (or similar product) when installed according to manufacturer's instructions with stabilized base, allows grass to grow, protects roots and allows stormwater to recharge.
§ 301-151.5 Uses.
In the Railroad Avenue Urban Renewal Area Overlay District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following specially permitted uses and their customary accessory uses:
A.
Permitted uses through Town Board approval.
(1)
Retail store.
(2)
Banks.
(3)
Personal services businesses, such as a beauty parlor, barber shop, health and fitness center, tailor, shoe repair, custom cleaning services.
(4)
Indoor recreation up to 1,500 square feet.
(5)
Art galleries and studios.
(6)
Restaurants, cafes, bakeries with retail sales on premises, banquet facilities, ice cream parlors.
(7)
Marketplace including farmers market or food hall.
(8)
Taverns.
(9)
Offices and professional offices (excluding medical offices).
(10)
Governmental offices or other public offices.
(11)
Museums, libraries and other cultural attractions.
(12)
Schools (including business and secretarial).
(13)
Movie theater and multiplex cinema.
(14)
Mixed-use buildings (ground floor permitted uses with apartments on upper floors).
(15)
Live-work space .
(16)
Brew pubs and microbreweries.
(17)
Hotels, for properties at least 40,000 square feet in size.
(18)
Mixed use incorporating community use on the ground floor and mixed use on upper floors.
§ 301-151.6 Lot, yard, bulk and height requirements.
A.
New buildings shall comply with the lot, yard, bulk, and height requirements of the Railroad Avenue Urban Renewal Area Schedule of Dimensional Regulations.
B.
The maximum height for building elements facing West Main Street, Court Street, Griffing Avenue, shall not exceed 60 feet measured horizontally from the property line.
C.
New development should be consistent with the recommendations of the Objective Design Standards for Private Development contained in the Downtown Riverhead Pattern Book, with the exception of maximum height which shall be dictated by Chapter 301, Attachment 11, RRA-OD Schedule of Dimensional Regulations.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
D.
Exemptions .
(1)
Bay windows, awnings, unenclosed porches, and other front and side projections shall be exempt from the calculation of building area, so as to encourage a variety in facade design. However, such projections shall be required to meet the setback requirements of the Railroad Avenue Urban Renewal Area Schedule of Dimensional Regulations.
§ 301-151.7 Community benefits.
A.
The Town Board has identified appropriate community benefits by which the applicants that opt into the RRA-OD may increase density on site through parking reductions, additional gross floor area and/or increased height/number of stories as described in Table XX. The maximum FAR with the provision of community benefits is 3.0
Table XX RRA-OD Community Benefits | |||
|---|---|---|---|
Community Benefit Category | Type/Maximum Density Increase/Parking Reduction | Requirement | |
Parking | 20% total reduction in required off street parking requirement | Shared parking for complementary uses. Requires design and implementation of cross access. Certification that the peak parking of two or more uses occurs at different times provided by a licensed traffic engineer. Does not apply to municipally owned sites | |
Parking | No off-street parking required for nonresidential uses | Properties which opt into the Parking District through petition to the Town Board, where public parking lots within the Parking District are located within 1/4 mile of at least one of the main building entrances | |
Parking | Parking reduction for the number of stalls "parked" off-site | Parking management strategy demonstrating how parking needs will be met off-site | |
Parking | Reduction of up to 3 parking stalls for area to be used for green infrastructure | Construction and maintenance of a rain garden or bioswale designed to collect rain water of 200 square feet per parking stall reduction | |
Promoting multimodal transportation | 5% reduction in required off street parking requirement | Provision of interior bicycle storage lockers for 1/2 of proposed residential units | |
Recreation | Increase in the allowable gross floor area equivalent to the area of the dedicated park area minus 10% | Purchase of offsite Peconic River riverfront land within 1/2 mile of the subject property provided that it meets the criteria below: | |
(1) | Such riverfront property is to be used in a passive manner whether dedicated to the Town, conservation group, or maintained privately | ||
(2) | The property must remain accessible to the public in a parklike setting for the community (which may include outdoor art installation) | ||
(3) | No structures other than a structure that is accessory to the use of the park/garden/art installation which does not exceed 10% of the site area or 1,200 square feet, whichever is smaller | ||
(4) | Covenants and restrictions be required to ensure that the riverfront property is maintained as a publicly accessible passive use park or similar in perpetuity' | ||
Open space or farmland preservation | 3,000 square feet floor area per 1 TDR credit purchased | Purchase of up to 5 TDR credits (maximum of 5 credits per project) | |
Sustainability elements | Additional 200 square feet gross floor area for each 100 SF improved | Design and implementation of green infrastructure for drainage (rain gardens) on- or off-site | |
Sustainability elements | Additional 50 square feet gross floor area for each 1,000 square feet of green roof area | Green roof | |
Sustainability elements | .25 increase in FAR for gold or platinum LEED certification | USGBC Certified LEED buildings | |
Recreation | Additional 10% gross floor area for each 200 linear feet of easement dedicated | Provision of public easement along the Peconic River (either through purchase or agreement with property owner) | |
Recreation | Additional 5% gross floor area for each 200 linear feet of easement improved for public access | Improvement of public easement for public access to the riverfront | |
Recreation/visual resources | 5% increase in gross floor area per 0.5-acre property improved | Permitting and implementation of physical improvements of private or public riverfront property to enhance public views of the Peconic River, incorporate green infrastructure and accessible pedestrian improvements through implementation of a boardwalk or path | |
B.
Additional community benefits available for properties over 60,000 square feet.
(1)
Increased height and gross floor area may be provided with approval from the Town Board for development on properties over 60,000 square feet in size with the provision of community benefits.
(2)
Properties over 60,000 square feet in size may achieve parking reductions and increased density through community benefits outlined in the previous section and additional density increases as provided in Table XX. The maximum additional floor area achieved for properties over 60,000 square feet through the application of community benefits is a floor area ratio of 3.0.
Table XX Additional Community Benefits Available for Properties Over 60,000 Square Feet | ||
|---|---|---|
Community Benefit Category | Type/Maximum Density Increase | Requirement |
Museum, performing arts | Increase in maximum building height for mixed use building at discretion of the Town Board (at a height less than defined as a high rise building per NYS Building Code). | Commitment to maintenance of the museum or other arts attraction which is accessible to the public for a reasonable period, but not less than 20 years. |
Open space or farmland preservation | 3,000 square feet area floor area per 1 TDR credit purchased | Purchase of up to 10 TDR credits (maximum of 10 credits per project) |
§ 301-151.8 Design standards.
A.
The principal building entrance and front shall face the primary street frontage and sidewalk . For corner lots, both facades shall be coordinated and if necessary, the principal building entrance shall be designated by the Planning Board.
B.
Facades of commercial buildings that face sidewalks or pedestrian walkways shall be broken up into bays of no more than 30 feet in width, through use of variations in facade plane, piers, or other architectural features complementary to the building style .
D.
Buffering and transitions.
(1)
Trash and/or dumpster areas shall be screened by wood fences, equivalent no-maintenance fence materials that appear to be wood, landscaping, or a combination thereof, pursuant to § 245-8.
(2)
Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial businesses and adjoining residential uses and maintained as a condition of approval.
E.
Deliveries and loading activities shall, to the extent possible, be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays.
§ 301-151.9 Design guidelines.
A.
The design guidelines listed in the provisions below are intended as a guide for improvements on participating developments on parcels within this overlay district.
(1)
Where feasible, openings or gates shall be incorporated into fencing between private and public properties to encourage pedestrian activity.
(2)
The intent is to create buildings that are lasting and that each building adds to the revitalization of the urban renewal area. Accordingly, high quality materials are required (e.g., brick, granite, or other masonry matter, including architectural block or architectural precast concrete). Painted or natural utility concrete panels or masonry units, if used at all, must be confined to rear elevations and in loading dock areas and not visible from the public right-of-way, or other public gathering spaces .
§ 301-151.10 Development standards.
The development standards contained herein are required for parcels being redeveloped in accordance with this article or relief from the Zoning Board of Appeals is required.
B.
Public space .
(1)
Public space, including alleys between buildings and walkways between building entrances and adjacent public properties shall be consistent with the objective design standards for private development contained in the Riverhead Downtown Pattern Book.
(2)
All properties greater than 60,000 square feet shall incorporate activated public areas on the ground level .
C.
Parking.
(1)
The number of off-street parking spaces in the Railroad Avenue Urban Renewal Area Overlay District shall be provided in accordance with§ 301-231, with the exception that off-street parking requirements for residential use shall be calculated in accordance with Table XX as recommended by the 2020 Riverhead Strategic Parking Plan and any Payment in Lieu of Parking requirement that may be adopted by the Town Board as also recommended by the 2020 Riverhead Strategic Parking Plan
Table XX RRA-OD Required Parking for Residential Development | ||
|---|---|---|
Use | Minimum Parking Stalls Per Unit | Maximum Parking Stalls per unit |
Studio/1-bedroom | 0.50 | 1.00 |
2-bedroom | 1.00 | 1.25 |
(2)
Off-street parking design.
(a)
Off-street parking shall not be permitted in the front yard.
(b)
Parking shall be sited to the rear of buildings, away from street frontages when possible, or to the side of buildings. In all cases, garages and parking areas shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line.
(c)
Parking may also be located fully below buildings, partially below grade in a building, or at grade within a building, provided it is fully enclosed and no entry is provided facing a public street or front yard unless no other alternative exists. Structured parking that is partially below grade shall be screened from the street by steps, trellises, or screens. Where parking is provided on the ground floor, liner stores, which may consist of commercial uses or accessory uses/amenities to multifamily developments are required along the public streets. For block developments which front on more than one street, the requirement for liner stores shall apply along all but one of the streets. Access to parking for block developments shall be at the discretion of the approving agency.
(d)
Curb cuts to parking lots shall be minimized by sharing driveways for access to adjacent parking lots.
(e)
In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot and along the perimeter.
(f)
Where parking lots cannot be located entirely in a rear yard, a vegetated buffer of at least five feet in width shall be provided.
(g)
To soften the appearance of parking lots and reduce the heat island effect, 10% of parking lot area shall consist of landscaped islands.
(h)
In order to provide area for stormwater recharge, at least one of the following management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
[1]
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement, grass pave, or gravel.
[2]
Landscaped areas of parking lots shall be planted, situated and graded in a manner to provide infiltration and detention of runoff from paved areas.
§ 301-151.11 Compliance with the State Environmental Quality Review Act
A.
The adoption of this article was analyzed pursuant to the State Environmental Quality Review Act through the preparation of a full environmental assessment form and analysis of development under a theoretical build condition scenario for properties within the RRA-OD meeting the minimum area requirements and which were considered more likely candidates for redevelopment. A traffic impact analysis was conducted to supplement the analysis completed for the Brownfield Opportunity Area Step II Nominations Study in 2015 to assess the impact of redevelopment within the RRA-OD on the intersections where an impact was anticipated under the full build out identified by the BOA, specifically the intersections of Center Street/Court Street at West Main and at Roanoke and Peconic Avenues at Main Street.
B.
The negative declaration adopted by the Town Board was supported by a SEQR analysis which evaluated redevelopment of the following parcels applying the base GFA permitted under the code without the application of community benefits to increase density.
- | 0600128000200010000 | - | 0600128000300009000 |
- | 0600128000200014001 | - | 0600128000300010000 |
- | 0600128000200015000 | - | 0600128000300011000 |
- | 0600128000200021001 | - | 0600128000300012001 |
- | 0600128000200022000 | - | 0600128000300012002 |
- | 0600128000300001000 | - | 0600128000300012003 |
- | 0600128000300002000 | - | 0600128000300013000 |
- | 0600128000300003000 | - | 0600128000300014000 |
- | 0600128000300004000 | - | 0600128000300015000 |
- | 0600128000300005000 | - | 0600128000300017001 |
- | 0600128000300006000 | - | 0600128000300018000 |
- | 0600128000300007000 | - | 0600128000300019000 |
- | 0600128000300008000 | - | 0600128000300020000 |
C.
The SEQR documents are on file with the Town Building Department for reference . Any applications that are consistent with the thresholds utilized in evaluation of the adoption of the Overlay District shall benefit from the adopted negative declaration.
D.
Projects which exceed the base thresholds for redevelopment within the RRA-OD and/or provide community benefits to increase density will be required to prepare a Full Environmental Assessment Form and a SEQR review will be conducted by the Town. Dependent upon the increase in traffic volume in comparison to the volumes evaluated for adoption of this article, a traffic impact study may be required to evaluate the need for traffic mitigation (which may include installation of a traffic signal, modified traffic signal timing, or lane reconfigurations/restriping) if demonstrated to improve level of service at area intersections.
§ 301-152 Purpose and intent.
The intent of the Downtown Center 4: Office/Residential Transition (DC-4) Zoning Use District is to allow, maintain, and foster a downtown neighborhood of homes and offices that is less intensive than the Downtown Center 1: Main Street (DC-1) and Downtown Center 3: Office (DC-3) Zoning Use Districts. The DC-4 Zoning Use District does not allow for any retail or personal services.
§ 301-153 Uses.
In the DC-4 Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
§ 301-154 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
New buildings in the Downtown Center Zoning Use Districts shall comply with the lot, yard, bulk, and height requirements of the Zoning Schedule. However, the Town Board shall have discretion during site plan approval to increase front yard setbacks based on the existing setbacks of adjacent structures, so as to maintain a unified street wall pattern.
C.
Exemptions. Bay windows, unenclosed porches, and other front and side projections shall be exempt from the calculation of building area, so as to encourage a variety in facade design. However, such projections shall be required to meet the setback requirements of the Zoning Schedule.
§ 301-155 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 24-2009]
The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
The principal building entrance and front shall face the primary street frontage and sidewalk.
(2)
Building shape, massing, and siting should reflect the prevalent character of surrounding buildings on the block, while allowing for freedom of architectural style.
(3)
Where shade is desired for commercial buildings, awnings are encouraged. Windows may not be obscured more than 20% by opaque banners, or either permanent or temporary advertisements or signs.
(4)
Front porches are encouraged for all entries. Porches, where provided, shall have minimum dimensions of eight feet in depth and 15 feet in width.
(5)
Signage in the DC-4 Zoning Use District shall be provided in accordance with Article XLVIII, Signs, of this chapter.
(6)
Buffering and transitions.
(a)
Trash and/or dumpster areas shall be screened by wood fences or landscaping, or a combination thereof, pursuant to § 245-8.
(b)
Buffer plantings or landscaping or opaque fences, preferably wood fences, shall be provided between commercial businesses and adjoining residential uses.
(c)
Deliveries and loading activities shall, to the extent possible, be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays.
B.
Parking standards.
(1)
The number of off-street parking spaces in the DC-4 Zoning Use District shall be provided in accordance with § 301-231, Off-street parking.
(2)
Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to a twenty-percent reduction in off-street parking may be permitted for shared parking, where the peak parking of two or more uses occurs at different times.
(3)
The parking requirement may be reduced with payment of a fee in lieu of providing off-street parking as provided for in § 301-231.
(4)
Structured parking is prohibited in the DC-4 Zoning Use District. Attached or freestanding garages are permitted for residential use.
(5)
Off-street parking shall not be permitted in the front yard. Parking shall be sited to the rear of buildings, away from street frontage(s) when possible, or to the side of buildings. In all cases, garages and parking areas shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line.
(6)
Curb cuts to parking lots shall be minimized by sharing driveways for access to adjacent parking lots. However, curb cuts and driveways are prohibited along the front property line for properties less than 30 feet in width; in these situations, parking must be accessed from a rear alley, side street, or shared rear lot.
(7)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses or low shrubs for at least 15% of their land area.
(8)
In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot and along the edges.
(9)
In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(b)
Landscaped areas of parking lots shall be planted, situated and graded in a manner to provide infiltration and detention of runoff from paved areas.
§ 301-156 Purpose and intent.
The intent of the Downtown Center 5: Residential (DC-5) Zoning Use District is to allow, maintain, and foster a downtown residential neighborhood enlivened with live/work spaces and home occupations.
§ 301-157 Uses.
In the DC-5 Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
§ 301-158 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
New buildings in the Downtown Center Zoning Use Districts shall comply with the lot, yard, bulk, and height requirements of the Zoning Schedule. However, the Town Board shall have discretion during site plan approval to increase front yard setbacks based on the existing setbacks of adjacent structures, so as to maintain a unified street wall pattern.
C.
Exemptions. Bay windows, unenclosed porches, and other front and side projections shall be exempt from the calculation of building area, so as to encourage a variety in facade design. However, such projections shall be required to meet the setback requirements of the Zoning Schedule.
§ 301-159 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 25-2009]
The design standards and parking standards listed in the provisions below (Subsections A and B of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection B(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
To the maximum extent possible, housing should exhibit variations in massing, finishes, features, and colors within each block in order to provide variety and interest at the street.
(2)
The principal building entrance and front shall face the primary street frontage and sidewalk.
(3)
Front porches are encouraged for all individual entries to residential buildings.
(4)
Building shape, massing, and siting should reflect the prevalent character of surrounding buildings on the block, while allowing for freedom of architectural style.
B.
Parking standards.
(1)
The number of off-street parking spaces in the DC-5 Zoning Use District shall be provided in accordance with § 301-231, Off-street parking.
(2)
Garages or parking areas shall be located to the rear or side of a building. No surface parking spaces shall be allowed within 15 feet of the front property line. At-grade garages and/or parking areas in all cases shall be recessed at least five feet from the primary front facade plane of the main building, and at least 15 feet back from the front property line.
(3)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses or low shrubs for at least 15% of their land area.
(4)
In order to provide shade, parking lots with 21 or more spaces shall have "orchard" planting: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot and along the edges.
(5)
In order to provide recharge of the groundwater basin and minimize runoff into water bodies, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(b)
Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
§ 301-160 Purpose.
It is the intent of the Peconic River Community Zoning Use District to provide for an array of residential, commercial and recreational uses pursuant to the land use policy of the State of New York in the Peconic River Corridor to conserve the legislated ecological resources and the free-flowing nature of the river while preserving the existing character and promoting the economic viability of the real property with the River Corridor.
§ 301-161 Uses.
In the PRC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
§ 301-162 Lot, yard, bulk and height requirements.
A.
No building shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule incorporated herein.[1]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
In order to foster conservation of scenic values, all commercial site plans shall have open space designated in such a manner as to have a minimum of 50% of open space areas planted with native species or left undisturbed.
§ 301-163 Purpose and intent.
The intent of the Riverfront Corridor (RFC) Zoning Use District is to provide for a mix of residential, commercial and recreational uses that are in harmony with the natural habitat and ecologically sensitive areas of the Peconic River.
§ 301-164 Uses.
In the RFC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
§ 301-165 Lot, yard, bulk and height requirements.
A.
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
In order to foster environmental conservation as well as preservation of the Town's scenic and rural quality, all properties shall have open space to be designed as follows:
(1)
At least 50% in open space areas planted with native species or left in its undisturbed natural form in order to enhance the appearance and function of wetlands and other native habitats. The remaining open space portion on the property shall be attractively landscaped with lawns, shrubs, flowerbeds, or nonimpervious recreation areas.
§ 301-166 Supplementary guidelines.
[Amended 5-5-2009 by L.L. No. 30-2009]
The design, buffer, and parking standards listed in the provisions below (Subsections A, B and C of this section) are intended as a guide or measure for improvements in parcels in this zoning district, and the word "shall" recited in the provisions below, with the exception of Subsection C(1) which requires adherence to the Parking Schedule, is intended to obtain compliance with the provisions to the extent practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
Driveway openings and curb cuts shall be aligned with the existing curb cuts along major arterial roads in order to reduce the potential addition of traffic lights and conflicting turning movements.
(2)
In order to protect the health of the waterways, the use of lawns and other plantings which rely on fertilizers and herbicides is strongly discouraged along areas bordering waterfronts.
C.
Parking standards.
(1)
The number of off-street parking spaces in the Riverfront Corridor (RFC) Zoning Use District shall be provided in accordance with § 301-231.
(2)
Curb cuts to parking lots shall be minimized by sharing driveways and consolidating entrances for access to adjacent parking lots.
(3)
Planted berms shall be used to screen the view of automobiles from public roadways.
(4)
In order to soften the appearance of parking lots, parking lots shall be landscaped with ground cover, grasses, or low shrubs for at least 15% of their land area. This landscaping requirement is in addition to the seventy-percent parcel-wide landscaping mentioned above.
(5)
Parking lots with 21 or more spaces shall have orchard planting for shade: one tree per 10 off-street spaces. Such trees shall be spread throughout the parking lot, rather than clustered only along the edges.
(6)
In order to provide groundwater recharge and minimize runoff, at least one of the following stormwater management techniques shall be used in parking lots where underlying soils support infiltration of precipitation to the groundwater:
(a)
Entire parking areas shall be surfaced with gravel, rather than pavement.
(b)
Where sanding and salting are not used in the winter, low-traffic or seasonal parking overflow areas of the parking lot shall be surfaced with porous pavement or gravel.
(c)
Landscaped areas of the parking lot shall be sited, planted, and graded in a manner to provide infiltration and detention of runoff from paved areas.
§ 301-167 Findings.
It is hereby found and declared that the central business district of the Town of Riverhead is in need of revitalization and that the Town Board of Riverhead has adopted a policy of providing for mechanisms which assist in this revitalization. It is further found and declared that the second- and third-story spaces have lost and continue to lose retail and office tenants to more modern structures more conveniently situated, and that the unused floor space of such buildings constitutes a potential housing stock. It is further found and declared that residential uses within the central business district contribute to the viability of such business district, and that the provision of an arena for the creation of art and cultural resources, together with living accommodations for artists, would create a unique environment for increased investment contributing to the revitalization of the district. It is further found and declared that the legislation governing the alteration of such buildings to accommodate residential use must be more restrictive than statutes heretofore in effect.
§ 301-168 Title.
This article shall be known and may be cited as the "Riverhead Arts District Law" of the Town of Riverhead.
§ 301-169 Boundaries.
The Riverhead Arts District shall encompass that area bounded as follows:
Beginning at a point at the intersection of Northville Turnpike and Union Avenue, proceed in the direction heading southeast on Union Avenue to the intersection of Union Avenue and East Main Street (S.R. 25). At this point, continue in a southeast direction along the property line that separates parcels 0600-129-4-14 and 15 and 600-129-4-18.3 and 18.5 with an imaginary line to the Riverhead Town line. At this point, proceed in a westerly direction following the Riverhead Town line to Peconic Avenue, continue over Peconic Avenue still following the Riverhead Town line in a westerly direction to the Center Drive bridge. At this point, proceed in a northerly direction to the intersection of Griffing Avenue and Court Street. At this point, proceed in a northwesterly direction on Griffing Avenue to the intersection of Railroad Street and Griffing Avenue. At this point, proceed in a northeasterly direction on Railroad Street to the intersection of Roanoke Avenue and Railroad Street. At this point, proceed in a northerly direction on Roanoke Avenue to Northville Turnpike. At this point, proceed in a northeasterly direction on Northville Turnpike to point of beginning.[1]
§ 301-170 Uses.
§ 301-171 Application for permit.
A.
No building shall be occupied for an artist dwelling prior to the issuance of a permit by the Town Board certifying the resident as an artist. In this determination, the Town of Riverhead shall rely upon the opinion of those experts it desires and upon the definition of an "artist" contained herein. All applications for a permit shall include the following information and the payment of an application fee of $10:
(1)
The name and address of the applicant and whether the applicant is the owner or the lessee of the premises; additional family members must be indicated;
(2)
A description of the type of art to be created within the premises, together with a description of the relevant art work history of the applicant, together with references.
B.
This article does not obviate the necessity for the applicant to obtain the assent or a permit required by any other agency before proceeding with operations under an approved Town Board permit.
§ 301-172 Procedure for issuance of permit.
A.
The Town Clerk shall retain the original permit application and distribute one copy to the Town Board and the Planning Department.
B.
The Town Board shall review all completed permit applications and either approve or deny such permit by resolution. The Town Board may consult with those experts necessary to make a decision upon the propriety of the application for an artist designation. The Town Board may hold public hearing on a particular permit application if it desires. In rendering a decision of approval, approval with conditions or a denial of a permit, the Town Board shall state in writing its findings of fact and conclusions to be transmitted via resolution to the applicant and the Town Clerk.
§ 301-173 Compliance with conditions.
Permits shall remain in force for a period of one year or until commencement of residence within the premises. Subsequent to commencement, the permit shall remain perpetually in force while the applicant resides within the premises. The applicant shall notify the Town Clerk of any changes in occupancy of the premises. In the event that occupancy changes to such an extent that the intent of this article is contravened, the permit may be revoked by the Town Board subsequent to a hearing.
§ 301-174 Purpose.
It is the purpose of the Open Space Conservation District to provide for the conservation and preservation of lands within the Town of Riverhead, whether in public or private ownership, which are open areas of significant environmental importance and which are wholly exempt or have nontaxable status. The Town Board, in order to implement the provisions of the Town's Comprehensive Plan, shall determine the significance of parcels of open space and thereby determine the inclusion of those parcels in the Open Space Conservation District.
§ 301-175 Uses.
In the Open Space Conservation District, no building, structure or premises shall be used, arranged or designed to be used, and no structure shall hereafter be erected, reconstructed or altered, unless otherwise provided for in this chapter, except for two of the following special permit uses or accessory uses:
A.
Special permit uses. All special permit uses set forth herein shall be subject to the approval of the Town Board, pursuant to the definition of "site plan" in § 301-3 of this chapter. Special permit uses are as follows:
(1)
Those structures which are considered customary to the prevailing use. This shall include but not be limited to golf clubhouses, tennis clubhouses, bathhouses, park administration buildings, camp houses, maintenance buildings, utility shops, central heating and power plants and fully enclosed storage facilities.
§ 301-176 Special requirements.
§ 301-177 Purpose.
The area known as the "Pine Barrens Protection Zone" within the Town of Riverhead has been found to be a natural resource area which includes Pine Barrens vegetation and associated unique wildlife habitats, wetlands and tributaries which are part of a larger river estuary exhibiting scenic values and a deep recharge groundwater supply located over a sole source aquifer. In order to protect the Town of Riverhead's most significant supply of pure drinking water and to prevent degradation of identified habitats as well as the surface water quality of the Peconic River and its tributaries, it is the intent of this article to provide for development of land at a density and type which encourages clustering to create open space and demonstrates protection of identified resources. To fully observe the purpose of this article, clustered residential developments shall demonstrate that the disturbance of land shall occur on the least sensitive portion of the site.
§ 301-178 Uses.
In the Natural Resources Protection District, no building, structure or premises shall be used or arranged or designed to be used and no building or structure shall hereafter be erected, reconstructed or altered, unless otherwise provided in this chapter, except for one of the following permitted uses and its customary accessory uses:
B.
Special permit uses. In order to ensure the protection of natural features and habitats and to fully observe the purposes of this article, the Town Board may approve condominium housing developments and homeowners' association developments within the Natural Resource Protection District, provided that the following conditions are met:
(1)
The underlying density of the development does not exceed one unit per four acres.
(2)
The application for proposed condominium and/or homeowners' association development shall be combined with an application for a cluster development pursuant to Article LIV, Cluster Development, of this chapter, and both will be considered under this provision.
(3)
The Planning Board and/or the Town Board, under these provisions and the procedures set forth in the Subdivision Regulations of the Town of Riverhead,[1] may require the following additional data and information as a basis for approving such condominium subdivisions:
(a)
A complete site plan, showing the location of all landscaping and other improvements, including dwelling units and first-floor elevations, and the design of all buildings and structures.
(b)
The text of all filed restrictions on the use of the land and buildings, including the condominium agreement as approved by the New York State Attorney General.
(c)
Any other information deemed by either Board, in its discretion, to be necessary to a reasonable determination of the application.
(d)
Expert testimony by independent engineers or architects, to be paid for by the applicant.
(4)
Any application made pursuant to the provisions of this section shall originate by an application to the Town Board, contrary provisions notwithstanding, and shall be referred to the Planning Board, which will transmit its recommendations to the Town Board within 60 days of referral.
(5)
After receipt of the recommendations of the Planning Board, the Town Board shall hold a public hearing upon public notice as required by § 265 of the Town Law, and the applicant shall pay all expenses of said hearing. The Town Board shall determine that:
(a)
The use will not prevent or substantially impair either the reasonable and orderly use or the reasonable and orderly development of other properties in the neighborhood.
(b)
The hazards of disadvantages to the neighborhood from the location of such use at the property are outweighed by the advantage to be gained either by the neighborhood or the Town.
(c)
The health, safety, welfare, comfort, convenience and order of the Town will not be adversely affected by the authorized use.
(d)
Such use will be in harmony with and promote the general purposes and intent of this chapter.
(6)
The Planning Board and Town Board may consider, among other matters or factors which the Board may deem material, whether:
(a)
The site is particularly suitable for the location of such use in the community.
(b)
The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
(c)
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.
(d)
Access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure that public safety in relation to the general character of the neighborhood and other existing or permitted uses within it and so as to avoid traffic congestion; and, further, vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection, except under unusual circumstances.
(e)
All proposed curb cuts have been approved by the street or highway agency which has jurisdiction.
(f)
Adequate provisions have been made for emergency conditions.
(g)
Adequate buffer yards, landscaping, walls, fences and screening are provided where necessary to protect adjacent properties and land uses.
(h)
Where necessary, special setback, yard, height and building area coverage requirements or easements, rights-of-way or restrictive covenants shall be established.
(i)
Where appropriate, a public or semipublic plaza or recreational or other public area shall be located on the property.
(j)
Adequate provisions are made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid or gaseous or of other character.
(k)
Existing municipal services and facilities are adequate to provide for the needs of the proposed use.
(l)
The use will tend to generate or accumulate dirt or refuse or tend to create any type of environmental pollution, including vibration, noise, light, electrical discharges, odors, smoke or irritants, particularly where they are discernible on adjacent properties or boundary streets.
(m)
The construction, installation or operation of the proposed use is such that there is a need for regulating the hours, days or similar aspects of its activity.
(n)
The proposed use recognizes and provides for the further special conditions and safeguards required for particular uses as may be determined by the Town Board or Planning Board.
C.
Accessory uses. Accessory uses shall be as follows:
(1)
Private garages, private boathouses, private greenhouses and similar accessory buildings which are necessary for residential development.
(2)
A temporary building or shed used during construction of a building or structure on the premises.
(4)
Boats, trailers, airplanes or seaplanes. Any boat, house trailer, mobile home, camp trailer, camp car, airplane or seaplane in excess of 15 feet in overall length shall not be kept or stored in the area between the street right-of-way and the front line of the main building projected to the side lot lines on any lot in this residence district nor within 10 feet of any side lot or rear lot line, and no such boat, trailer or plane shall be stored or maintained in such manner as to constitute an attractive nuisance or hazard to children.
§ 301-179 Lot, yard, bulk and height requirements. [1]
No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule[2] incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified.
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 301-180 Accessory buildings and structures.
A.
Location.
(1)
No accessory building or structure shall be erected, reconstructed or altered so as to be situate as follows:
(a)
In a front yard.
(b)
In a side yard, unless the accessory building is 60 feet from a side street line, 30 feet from a property line and 10 feet from any other building.
(c)
In a rear yard, unless the accessory building is 20 feet from a property line, 10 feet from any other building and 60 feet from a side street line and rear street line.
(d)
One accessory use with a maximum floor area of 144 square feet or less, located in the rear yard, shall be excepted from the provisions of Subsection A(1)(c) and additionally shall not require a permit. It shall be permitted five feet from a property line, 10 feet from any other building and 40 feet from a side street line and rear street line.
[Amended 7-19-2011 by L.L. No. 21-2011]
(2)
Excepted from Subsection A(1)(a), (b) and (c) of this section are fences not exceeding four feet in height, which may be erected on other lot lines of the front yard or any existing street line of a one-family dwelling, and fences not exceeding six feet in height, which may be erected on other lot lines of a one-family dwelling. Fences on a corner lot must comply with § 301-245. On lots used for other than one-family dwellings, wire strand or open woven wire fences up to six feet in height may be erected on all lot lines. If such fence is erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street.
B.
Where an accessory building is constructed as a building subordinate to the use of a park or playground, the building shall be erected, reconstructed or altered in conformity to the requirements hereof for a main building.
§ 301-181 Required living area.
No dwelling shall be erected unless provisions shall be made therein as follows:
A.
For residential dwellings, exclusive of attached garages, carports, unenclosed porches and breezeways, there shall be provided not less than 1,200 square feet of living area for the first story, but a maximum of 300 square feet of area of the second story may be used and applied to the area requirements for the first story.
§ 301-182 Additional requirements.
This zoning district regulates the development of land which lies within noise zones as established by the Air Installation Compatible Use Zone (AICUZ) for the United States Navy Weapons Testing Facility and within the identified Pine Barrens Zone. In the approval of both realty subdivisions and condominium maps, the Riverhead Planning Board shall require covenants which shall identify the existing noise zones and fire climax areas within the Pine Barrens Zones.
§ 301-183 Purpose.
The purpose of the Planned Industrial Park (PIP) District is to encourage industrial and office development in a comprehensively planned and designed environment which will attract private investment, increase the tax base of the Town and provide new employment opportunities, while preserving and maintaining the existing character of the environment.
§ 301-184 Approval procedure.
A.
Procedure. The planned industrial park shall be designed in part or whole as a single campus-like planned development as defined herein, according to a comprehensive development plan (CDP). Such a CDP shall be submitted to the Town Board for approval. The procedure for review and approval shall be the same as that required for a special permit, except that the submission requirements shall be in accordance with the requirements specified in Subsection B below. Following approval of the CDP by the Town Board, subdivision and site plan approval, as appropriate and necessary, shall be obtained in accordance with the requirements of Article LVI, Site Plan Review, of this chapter and § 301-291, Industrial subdivision, for individual lots and developments within the PIP. Where the standards of this article conflict with others in this chapter, the standards in this article shall apply.
B.
Submission requirements. The CDP for a PIP shall indicate the following:
(1)
General location of all existing and proposed structures; general type of proposed uses; existing topography and general grading and drainage proposals; proposed and existing internal streets and points of access; major parking and loading areas; major landscaped areas, open space and proposed screening treatments; major proposed and existing public utility lines and facilities; proposed location of major signs.
(2)
A chart of appropriate data demonstrating compliance with the requirements of this article.
(3)
A written statement describing various aspects of the plan, indicating any proposed phasing of development activities.
§ 301-185 Uses.
[Amended 12-29-2004 by L.L. No. 54-2004; 6-19-2007 by L.L. No. 19-2007; 12-17-2024 by L.L. No. 36-2024]
In the Planned Industrial Park (PIP) District, no regularly scheduled or unscheduled passenger service, air taxi, air charter or fixed-based operator as currently defined by the FAA shall be permitted. Notwithstanding the prohibition of a fixed-based operator, nothing herein shall preclude management and maintenance operations necessary to support any principal or accessory aviation uses permitted hereunder. No building, structure or premises shall be used, arranged or designed to be used, and no building or structure shall hereafter be erected, constructed, reconstructed or altered, unless otherwise provided in this chapter, except for the following permitted uses and their customary accessory uses:
A.
Permitted uses:
(1)
Industrial uses, including component design, manufacturing, processing, fabrication, repair, testing and assembly, but prohibiting those uses specifically set forth as prohibited within in the Calverton Industrial (CI) Zoning Use district as indicated within 301 Attachment 4B: Town of Riverhead Industrial Districts Table of Use Regulations, provided that all uses permitted hereunder are conducted within enclosed buildings, and when not within enclosed buildings, are suitably screened to an extent that provides adequate sound and visual buffers as may be determined to be necessary by the Town Board as part of site plan approval.
(2)
Warehousing, indoor storage, distribution and wholesaling of nonhazardous and nonflammable materials.
(3)
Research and testing laboratories.
(4)
General, executive, administrative, governmental, business and professional offices.
(5)
Public utility and service facilities, excluding incinerators which shall not be permitted.
(6)
Extraordinary aircraft and engine maintenance, such as aircraft, airframe and aircraft system overhaul, conversion, modification, reconfiguration and refurbishment, including annual inspections, but excluding minor or routine maintenance such as oil changes, refueling, minor repairs and inspections, provided that such uses are conducted within enclosed buildings, and when not within enclosed buildings, are suitably screened to an extent that provides adequate sound and visual buffers as may be determined to be necessary by the Town Board as part of site plan approval and, if appropriate and necessary, subject to the grant of a runway use agreement and consistent with the rules and regulations on the use of the runway as adopted and/or amended from time to time.
(7)
Aircraft component design, fabrication, manufacture, and assembly, provided that such uses are conducted within enclosed buildings, and when not within enclosed buildings, are suitably screened to an extent that provides adequate sound and visual buffers as may be determined to be necessary by the Town Board as part of site plan approval.
(8)
Audio, radio, television video and film studios and broadcast stations.
(9)
Business, technical and vocational schools.
(10)
Outdoor and indoor sports and recreational uses and facilities.
[Amended 1-18-2023 by L.L. No. 1-2023]
(11)
Food and agricultural product processing, including canning, preserving, drying and freezing.
(12)
Overnight and express mail package and postal sorting and distribution by surface transport.
C.
Accessory uses. Accessory uses shall include those uses customarily incidental and subordinate to and in furtherance of any of the aforementioned principal uses when located within the PIP District. Accessory uses shall include the following:
[Amended 10-18-2022 by L.L. No. 21-2022; 1-18-2023 by L.L. No. 1-2023]
(1)
Auditoriums, located within buildings housing permitted uses.
(2)
Day nursery or day-care centers.
(3)
Banks, automatic teller machines or financial institutions.
(4)
Restaurants, cafeterias or eating and drinking establishments located within buildings housing permitted uses.
(5)
Retail sales within buildings housing permitted uses and shall be limited to no more than 5% of the gross floor area of the permitted use, not to exceed 1,500 square feet, whichever is less.
(6)
Personal service shops located within buildings housing permitted uses.
(7)
Health clubs or indoor recreation establishments located within buildings housing permitted uses.
(8)
Security, management and maintenance facilities.
(9)
Outdoor storage of equipment, materials or vehicles when suitably screened to an extent that provides adequate sound and visual buffers as may be determined to be necessary by the Town Board as part of site plan approval.
(10)
Operation, fueling, storage and maintenance of aircraft which are owned, leased or operated by an owner, lessee or operator in furtherance of and customarily incidental and subordinate to a permitted use of property within the PIP District, and further provided that such aircraft are stored or maintained within enclosed buildings, and, when not within enclosed buildings, are suitably screened to an extent that provides adequate sound and visual buffers as may be determined to be necessary by the Town Board as part of site plan approval and, when necessary, subject to the grant of a runway use agreement and consistent with the rules and regulations on the use of the runway as adopted and/or amended from time to time. Except when accessory to a principal aviation use set forth hereinabove at Subsection A(6) and (7), this accessory use shall not in its operation constitute or function primarily as an aviation activity.
(11)
Testing of aircraft, provided said testing is done in furtherance of and customarily incidental and subordinate to a permitted use within enclosed buildings or on the ten-thousand-foot runway and, when necessary, subject to the grant of a runway use agreement and consistent with the rules and regulations on the use of the runway as adopted and/or amended from time to time. Except when accessory to a principal aviation use set forth hereinabove at Subsection A(6) and (7), this accessory use shall not in its operation constitute or function primarily as an aviation activity.
§ 301-186 Lot, yard, bulk and height requirements.
A.
For planned industrial parks:
(1)
Minimum park area: 100 acres in contiguous parcels.
(2)
Minimum park width: 1,000 feet.
(3)
Minimum frontage on an arterial road: 400 feet.
(4)
Maximum floor area ratio: 0.15 in total for all buildings within the park.
(5)
Maximum clearance: 65% of the park area.
(6)
Minimum perimeter buffer. A minimum buffer shall be provided at the perimeter of the park of 100 feet in width. Such buffer shall maintain, to the maximum extent possible, existing vegetation and natural features but shall be supplemented with native vegetative species to provide adequate screening of the park from adjacent nonindustrial uses and zones. No buffer need be provided adjacent to any open space or conservation zone.
B.
For all permitted uses within industrial parks, except offices:
(1)
Minimum lot area: five acres.
(2)
Minimum lot width: 250 feet.
(3)
Minimum street frontage: 200 feet.
(4)
Minimum front yard depth: 75 feet.
(5)
Minimum side yard depth: 50 feet.
(6)
Minimum rear yard depth: 50 feet.
(8)
Maximum impervious surface coverage: 50% of the lot.
(9)
Maximum building height: 40 feet.
(10)
Parking. Not more than 25% of all required parking shall be located in the front yard. No parking shall be located nearer than 25 feet to any property line or street right-of-way line. All service and unloading areas shall be screened from view of streets by one or more of a combination of walls, fencing, vegetation or berms.
C.
For office uses:
(1)
Minimum lot area: three acres.
(2)
Minimum lot width: 250 feet.
(3)
Minimum street frontage: 200 feet.
(4)
Minimum front yard and side yards and rear yard: 50 feet.
(6)
Maximum impervious surface coverage: 50% of the lot.
(7)
Maximum building height: 50 feet, except to 75 feet by special permit of the Town Board.
(8)
Parking. Not more than 25% of all required parking shall be located in the front yard. No parking shall be located nearer than 25 feet to any property line or street right-of-way line. All service and unloading areas shall be screened from view of streets by one or more of a combination of walls, fencing, vegetation or berms.
§ 301-187 Design standards for planned industrial parks.
The following design standards shall apply to all uses within the planned industrial park:
A.
Land subdivision. The subdivision of lots within a CDP shall conform to those land division requirements set forth in §§ 301-289 and 301-291 of this chapter. The general lot, yard and height requirements of this district shall supersede the yard requirements set forth in § 301-291B(3) and (6) of this chapter.
B.
Building design. The exterior appearances of buildings shall complement the character of existing development in the surrounding area. The objective of the building design standards is to provide overall high quality and complementary design of industrial and office buildings. Special emphasis is placed upon methods that tend to reduce the large-scale visual impact of buildings and to encourage imaginative design for individual buildings.
(1)
Building mass. Solid and unarticulated buildings are discouraged. The mass and scale of buildings shall be reduced by staggered building walls or other architectural treatments at least every 150 feet to provide architectural interest and reduce the visual scale of a building. Buildings shall include the following elements:
(a)
The use of variations in height, rooflines and grade definition is encouraged to reduce the perceived height and mass of a building.
(b)
Building entries shall be readily identifiable through the use of canopies, marquees and architectural treatment.
(c)
Where possible, buildings with smaller or multiple structures instead of one large building are preferred to reduce massive appearance.
(d)
Clusters of mature landscaping and berms shall be provided along the building facade. The landscaping clusters shall include a variety of trees and tall shrubs.
(e)
Wall texture changes shall be provided.
(f)
Small-scale elements, such as planter walls and hedges, shall be clustered around building entrances.
(2)
Materials.
(a)
One dominant material shall be selected and used through each building on a site.
(b)
It is encouraged that the front and two side elevations of all buildings and/or structures be constructed of brick, architectural block or architectural precast concrete. Painted or natural utility concrete panels or masonry units should be confined to rear elevations and in loading dock areas.
(c)
Roof design shall be as aesthetically pleasing as possible (e.g., color, material, grouping).
(d)
Glass windows or some similar architectural treatment shall occupy at least 10% of the front elevation of a building.
C.
Pedestrian circulation.
(1)
On-site concrete or brick sidewalks shall be provided in planned industrial parks to create a continuous pedestrian network throughout the area.
(2)
Vehicular and pedestrian circulation patterns shall be separated. A landscaped area shall provide a separation between a pedestrian and vehicular path.
(3)
Where pedestrians and vehicle paths cross, that area shall be designated by changing pavement materials, signals, signage, pavement texture or painted stripes.
(4)
Secure and convenient pedestrian walkway access shall be provided from parking lots, sidewalks and primary entrances to the building. Sidewalks shall be barrier-free, a minimum of four feet in width and shall be set back a minimum of five feet from all buildings.
§ 301-188 Sign standards. [1]
§ 301-189 Additional requirements.
A.
Performance criteria.
(1)
All development subject to the provisions of Article 6 of the Suffolk County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health Services.
(2)
As determined by the State of New York or the County of Suffolk, any new public or private sewage treatment plant discharge shall be outside of the Core Preservation Area and shall be located north of the groundwater divide, as defined by the Suffolk County Department of Health Services, as site conditions permit.
(3)
All development shall comply with the provisions of Articles 7 and 12 of the Suffolk Sanitary Code.
(4)
All development involving significant discharges to groundwater and located proximate to public water supply wells shall require measures to mitigate impacts upon water quality as required under Article 17 of the New York State Environmental Conservation Law. The Suffolk County Department of Health Services' guidelines for private wells should be used for private wellhead protection.
(5)
Development proposals for sites containing or abutting freshwater wetlands shall be separated by a nondisturbance buffer area which shall be in accordance with Article 24 of the New York State Environmental Conservation Law, the Wild, Scenic and Recreational Rivers Act (the Rivers Act)[1] and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation, field delineation or local ordinance. Stricter buffer areas may be established for wetlands as appropriate. Buffer areas shall be delineated on development plans with conditions imposed to assure the preservation of the freshwater wetland resource. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument.
[1]
Editor's Note: See Environmental Conservation Law § 15-2701 et seq.
(6)
Development proposals for sites within the regulated area of the New York Wild, Scenic and Recreational Rivers Act shall conform to the standards of the Act. Variances from the Act shall meet all requirements imposed by the State of New York in order to be deemed to have met the requirements of this standard. Additional relief from the Town of Riverhead Zoning Board of Appeals shall not be required.
(7)
All stormwater generated by development shall be recharged on site unless surplus capacity exists in an off-site drainage system. In the review of development plans, the Town Board shall encourage the use of natural recharge areas or drainage system design which result in minimal disturbance of native vegetation with the use of natural swales and depressions as an alternative to excavated recharge basins where feasible. Development plans should include the use of ponds only if such ponds are designed to retain stormwater and are not merely constructed for aesthetic purposes. Adequate measures should be employed to control soil erosion and stormwater runoff during construction, as per guidelines promulgated by the New York State Department of Environmental Conservation.
(8)
Clearance.
(a)
No more than 65% of the PIP District shall be cleared pursuant to the Central Pine Barrens Comprehensive Land Use Plan and Article XLI, Pine Barrens Overlay District, of this chapter. The applicable clearance percentage shall be calculated over the entire parcel, including but not limited to public highways, roadways, building sites, parking areas, drainage structures and recharge areas. Development plans shall delineate the existing naturally vegetated areas, shall calculate those portions of the site that are already cleared due to previous activities, and shall contain calculations for the amount of disturbances of native vegetation and indicate the clearing limits thereof.[2]
(b)
To the extent that a portion of a site includes Core property, and for the purpose of calculating the clearing limits, the site shall be construed to be the combined Core and CGA portions. However, the Core portion may not be cleared without a hardship exemption.
(9)
Land subdivision maps and site plans shall be designed to encourage the preservation of large unbroken blocks that provide for contiguous open spaces to be established when adjacent parcels are developed. Applications for subdivision and site plan shall contain calculations for clearing, and these limits shall become part of the filed map or approved drawings. Nonnative vegetation species to be avoided are contained in Figure 5-2 of the plan.
(10)
Development projects shall place no more than 15% of the entire site in fertilizer-dependent vegetation. Development designs shall consider native planting suggestions made part of the plan.
(11)
Development which will have a significant negative impact upon a habitat essential to those species identified on the New York State maintained lists as rare, threatened or of special concern, or upon the communities classified by the New York State Natural Heritage Program as G1, G2 or G3 or as S1, S2 or S3 or upon any federal listed endangered or threatened species, appropriate mitigation measures, as determined by the state, county or local government agency, shall be imposed to protect such species.
(12)
Development projects shall minimize disturbance of the natural grade and/or natural vegetation where slopes exceed 10%. Construction in areas with slopes exceeding 10% may be approved if the site design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Where applicable, nondisturbance buffers shall be placed on those portions of the site where slopes exceed 10%. Development plans shall include a slope analysis depicting existing slopes in the ranges of 0% to 10%, 11% to 15% and 15% or greater. Erosion and sediment control plans and details of retaining walls and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%.
(13)
Prior to construction, soil erosion and sediment control plans shall be prepared and approved which achieve the following objectives:
(14)
In order to provide for orderly development and the efficient provision of infrastructure, applications for development projects depicting either open space or reserve areas shall specify the conditions of ownership and the use of such lands, and such conditions shall be set forth in the deed of dedication, declaration of covenants, conservation easement or similar instrument.
(15)
Where applicable, the use of planned industrial park development pursuant to the provisions of Article LIII, Subdivision Regulations, of this chapter shall be encouraged to preserve open spaces.
(16)
Any existing, expanded or new activity involving agricultural production or horticulture shall comply with best management practices as set forth in the plan, as may be amended from time to time.
(17)
Development plans shall indicate established recreational and educational trails and trail corridors, active recreational sites, scenic corridors, roads, vistas and viewpoints, sites of historical or cultural significance, including historic districts, sites on the State or National Registers of Historic Places and historic structures listed on the State or National Registers of Historic Places, or recognized by local law or statute, sensitive archeological sites as identified by the New York State Historic Preservation Officer or the New York State Museum, within 500 feet of the proposed development, and shall provide adequate measures to protect such natural resources. The use of existing natural buffers or the restoration of degraded buffer areas, the use of signs or other man-made structures, consistent in style and scale with the community character, or other similar measures shall be taken to protect roadside areas as well as scenic and recreational resources.
(18)
All commercial or industrial development shall comply with the applicable provisions of the Suffolk County Sanitary Code and all other applicable federal, state or local laws.
(19)
A buffer of 1,000 feet and no more than 50% disturbance shall be permitted around breeding ponds pursuant to New York State Department of Environmental Conservation (NYSDEC) freshwater wetlands permit requirements.[3]
(20)
The approval of the New York State Historic Preservation Office for the establishment of a site-specific protocol for either the relocation of development or the retrieval of artifacts in the event of excavation shall be obtained in order to mitigate impacts upon archaeological resources within the PIP District.
(21)
Any exterior changes to the following buildings in the PIP District shall require the approval of the State Historic Preservation Office as well as adhere to the Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings:
(22)
The applicant shall submit a traffic study for the approval of the comprehensive development plan, which study shall identify and for which the applicant shall pay and implement measures to mitigate the impact of traffic generated by the full buildout of all development within the PIP District to the point where the effects of such buildout are comparable to future conditions without such development. Such mitigation measures shall include but not be limited to:
(a)
Signal, timing, geometric improvements and regulatory measures.
(b)
A restriction against additional vehicular access points along Seven Ponds Road.
(c)
The completion of off-site road improvements to be required by the New York State Department of Transportation as a function of permit review for curb cuts along New York State Route 25.
(d)
The geometric improvement of the intersection of Edwards Avenue and Route 25, if warranted by motor vehicle traffic generated by development in the PIP District.
(23)
Development within the PIP District shall adhere to setbacks as required in § 301-186; notwithstanding such adherence, noise emanating from the PIP District shall comply with Chapter 251, Article I, Noise, of the Code of the Town of Riverhead, which limits such noise levels from commercial and industrial properties to neighboring properties to 65 dBA between the hours of 7:00 a.m. and 8:00 p.m., and 50 dBA between the hours of 8:00 p.m. and 7:00 a.m. [see § 251-5L(2)]. In the event that such noise levels are exceeded, such additional noise abatement measures, including increasing such setbacks or the provision of noise walls or the provision of berms, fences, vegetation and the like, shall be provided for. Such restrictions shall not apply to aircraft noise whose flights shall be restricted to daytime hours.[4]
B.
A land use within the Compatible Growth Area that lawfully exists at the time of the effective date of this article or any amendment thereto may be continued in its present form, except that the aforementioned standards shall apply to any change, structural alteration, expansion, restoration or modification to said land use constituting development as defined herein.
§ 301-190 Purpose; requirements for final approval.
A.
A portion of the former Naval Weapons Industrial Reserve Plant at Calverton, located in west central Riverhead, comprised primarily of runways, open land and naturally vegetated areas, is zoned Planned Recreational Park District. It is intended that the land comprising this zoning use district is to be transformed into a major regional family oriented recreational amusement park and sports venue, drawing upon the leisure and tourism market of the east end of Long Island. The purposes of such a designation are to attract private investment, increase the Town's tax base, create jobs and enhance the quality of life in the community and region. The district has good local and regional access and provides an opportunity to develop a comprehensive, attractive and uncongested environment. The district allows for the creation of a number of distinct regional, publicly accessible, destination, leisure and recreational complexes, through interrelated and mutually supporting facilities and drawing upon separate and distinct regional markets. The flexible regulatory framework provided for in the PRP District allows for innovation and maximum flexibility both in the use and design of these facilities in a single location. It also allows for a variety of activities to take place simultaneously, without generating multiple or separate vehicular trips, which, together with encouragement of access through regional public transportation networks and a pedestrian and bicycle orientation, reduces vehicular trips and energy requirements. A single set of development and design requirements is imposed for the district as a whole.
B.
In addition to the standards and regulations required for site plan approval pursuant to Article LVI, Site Plan Review, of this chapter, the following shall be required to be submitted for final approval: a detailed design vocabulary for all subsequent development within the PRP District, including exterior building materials and glass; plant material and landscaping palette; architectural guidelines for style, size and height of buildings; and conservation and resource management measures.
§ 301-191 Uses; lot, yard, bulk and height requirements.
A.
Permitted uses:
(3)
Sporting uses and sports facilities, including:
(a)
Sports arenas, or indoor or outdoor courts or playing fields, or facilities for boxing, basketball, baseball, cycling, football, hockey, ice skating, skiing, soccer, tennis, bowling, archery, horseback riding or other sports.
(b)
Stadiums.
(c)
Racetracks for horses, automobiles or motorcycles.
(d)
Boat or canoe rental facilities and fishing piers.
(e)
Hiking, nature trails, and bridle paths.
(f)
Canoeing and kayaking.
(g)
Fishing.
(4)
Sports instructional academies, schools, camps or facilities, including:
(5)
Exposition and exhibition facilities, including:
(a)
Animal exhibits.
(b)
Botanical gardens and arboreta.
(c)
Cable car operators.
(d)
Museums and art galleries.
(e)
Planetarium.
(f)
Scenic railroads.
(g)
Sports museums or halls of fame.
(h)
Rodeos.
(i)
Zoological gardens, but not aquariums.
(j)
Farmers markets, arts and crafts markets, carnival or festival markets.
(k)
Auction houses.
B.
Accessory uses. As defined in § 301-3 herein, including, but not limited to:
(1)
Incidental, ancillary and subordinate retail facilities, incidental, ancillary and subordinate restaurant, cafeteria, catering facilities, eating or drinking establishments.
(2)
Automatic teller machines.
(3)
Bus or transit stops or stations.
(4)
First aid stations and other emergency services.
(5)
Infrastructural facilities such as repair and maintenance or power-generating facilities.
(6)
Off-street parking and loading facilities.
(7)
Parks, open space and picnic areas.
(8)
Security and management facilities.
(9)
Conference facilities, meeting rooms and ballrooms.
C.
General lot, yard and height requirements for the PRP District:
(1)
Maximum floor area ratio: 0.20 in total for all buildings within the PRP District.
(2)
Maximum vegetation clearing, as set forth in Article XLI, Pine Barrens Overlay District, of this chapter. To the extent that a portion of a site includes core property, and for the purpose of calculating the clearing limits, the site shall be construed to be the combined Core and CGA portions. However, the Core portion may not be cleared without a hardship exemption.
(3)
Maximum impervious surface coverage: 50%.
(4)
Maximum height:
(a)
Two stories for bed-and-breakfasts and country inns.
(b)
Six stories or 75 feet, whichever is greater, for exposition and exhibition facilities, water parks, theme park buildings, hotels, time shares and fractional ownership.
(c)
One hundred twenty feet for all other structures, including theme rides, outdoor stadiums, indoor sports arenas, provided that a setback of at least three feet for every one foot in vertical height above 40 feet is provided from the perimeter boundary of the district.
(d)
Forty feet for all other uses.
(5)
Minimum tract size for golf courses: 140 acres and 300 acres for golf course resorts.
§ 301-192 Development standards.
A.
Building and site design and layout. The location and layout of buildings, structures, parking areas, open spaces and other built elements shall be designed so as to provide an aesthetically vibrant, attractive and recreationally oriented environment. An emphasis on creative and innovative designs, colors, textures, materials, building shapes, massing and arrangements is encouraged. A focus on a particular design theme or overall organizing architectural concept is encouraged. While uniformity and bland design are specifically discouraged, measures to ensure harmony and continuity in architectural and landscape design between uses is emphasized. In addition, a great diversity in uses is encouraged in order to provide as wide an array of attractions and facilities as possible. Flexibility in location, size and type of buildings and structures has been provided with the specific purposes of encouraging creativity and the accomplishment of innovative and unique designs. Replication of designs from regional or national amusement parks, attractions or commercial recreation chains or franchises that already exist elsewhere in the state, region or country is specifically discouraged.
C.
Exterior lighting. The design and use of materials for exterior lighting along those portions of the primary roads which abut the PRP District and along all arterial roads within the PRP District shall be of uniform design. Uniformly designed exterior lighting shall be provided for all pedestrian pathways, bikeways and parking areas along such primary roadways and arterial roads linking the lots. Such lighting shall also be provided in accordance with Engineering Society illuminating standards and shall be installed by the developer at his or her expense. Pedestrian pathways throughout the PRP District, around buildings and across access or service roads or driveways shall be lighted to clearly identify their location. The design of lighting poles, fixtures and the spacing and height of lighting poles shall be uniform throughout the PRP District. Directional lighting shall be arranged so as to minimize glare and reflection on properties adjacent to the PRP District and across property line boundaries. All exterior lighting shall comply with Article XLIX, Exterior Lighting, of this chapter.
D.
Pedestrian pathways and bikeways. There shall be sidewalks or pedestrian pathways and bicycle paths provided throughout the PRP District, except where the retention of the natural vegetation is encouraged or required. The types of material used for pedestrian pathways and bikeways, including pavement, curbs, planting and protective barriers, shall be uniform throughout the PRP District. The width of such pedestrian pathways need not be uniform but shall vary according to their use and the amount of pedestrian traffic anticipated to utilize them. Pedestrian pathways and bikeways shall, wherever possible, be separated from vehicular circulation and streets within the PRP District. Stubbed pathways at the boundaries of developed properties shall be encouraged in order to permit linkage to subsequent developers. Subsequent developers shall provide pedestrian pathway and bikeway links to those paths already developed or approved, so as to provide a continuous and interconnecting pedestrian pathway and bikeway system throughout the district. Pedestrian paths shall not be less than five feet in width and, where used as a jogging path or bikeway in addition to a pedestrian pathway, shall not be less than eight feet in width.
E.
Common open space. Open space areas within the PRP District, particularly those areas where vegetation has not been cleared pursuant to meeting the requirement of clearing a maximum of 65% of vegetation within the Pine Barrens Compatible Growth Area, shall be so designed and used as to protect the natural resources and qualities of the site, including the natural terrain, woodland, significant views and any unique and unusual features. The following regulations shall apply to these areas:
(1)
Clearing of brush and dead timber shall be required where necessary to eliminate fire hazards.
(2)
Manual clearing of obstruction or jams from streams or waterways shall be required where necessary to ensure unimpeded flow, provided that no channelization shall be permitted.
(3)
Hiking, jogging and bridle paths, utilizing natural ground surfacing such as stone or wood chips, may be constructed and maintained unless otherwise prohibited by Town or state law.
(4)
Open space which is in a natural state shall otherwise be maintained undisturbed in its natural state. No garbage debris shall be permitted to accumulate except vegetation clipping properly maintained as compost heaps.
(5)
Passive recreational use of open space natural areas shall be restricted to hiking, jogging, bicycling, fishing, bird-watching, horseback riding and canoeing or kayaking.
F.
Landscaping. Shade trees shall be provided along roads, walkways and parking areas. Landscaped buffers or vegetative screening shall be provided around all parking, utility, refuse disposal areas and wherever else the Town Board deems necessary to screen visually objectionable features. Landscaping shall be provided in all areas which contain neither buildings, paved surfaces or undisturbed naturally vegetated areas, including all public areas and around buildings. The landscaping plan shall provide for a variety and mixture of plant materials taking into consideration their susceptibility to disease, colors by season, textures, shapes, blossoms and foliage.
G.
PRP roadways.
(1)
For the purposes of the PRP District, Grumman Boulevard/Swan Pond Road and State Route 25 (Middle Country Road) are designated as the primary access roads to the PRP.
(2)
Arterial roads shall be provided within the PRP District to provide access from properties within the PRP District to Grumman Boulevard/Swan Pond Road and/or State Route 25 (Middle Country Road). Such arterial roads shall be located in such a manner as to provide safe, convenient and direct access from such primary roads to each/all properties, without unduly interfering with traffic entering or exiting or creating congestion at any of the access points along the primary access roads. All arterial roads shall be built to public road specifications and be open to the public at all times. Public access to nonarterial roads may be controlled by the property owner. Collector and access roads within each property may be either public or private streets. All roads shall have sufficient right-of-way and road width to accommodate traffic generated at the 30th highest peak hour of the year, taking into account the accumulated peak traffic of simultaneously operating planned recreational park facilities. The cost of providing and improving all roadways shall be the responsibility of the developers. The utilization of private vehicles as a primary means of transportation within the PRP District and for traveling from one property or amenity within the district to another is strongly discouraged. A parking plan which utilizes some form of public shuttle or transit system is strongly encouraged, as are walking or cycling pedestrian pathways and bikeways.
H.
Materials, equipment and utilities. All materials and equipment, and utilities such as refuse containers, electrical substations, and outdoor mechanical areas, shall either be stored in a completely enclosed building or screened by means of a fence, wall, planting, landscaped berm or other suitable means.
I.
Parking and loading.
(1)
Required parking and loading space shall be provided within the same parcel of land as the building or facility serviced, unless one or more collective shared off-street parking facilities are provided which are reasonably proximate to the facilities they serve, or where some form of frequently running, free shuttle service is provided. The use of shared and collective parking areas is encouraged, particularly where events and operations can be staged or scheduled in a manner so that the peak parking demands for the facilities so served do not coincide. The Town Board may also permit a portion of the proposed parking and loading areas to remain unpaved but landscaped where it believes, or where credible evidence is presented, that more parking spaces than reasonably required for the proposed use or uses will be provided. If conditions change and additional parking is warranted, the Town Board or its designated agent identified at the time of approval may require such an unpaved area to be paved. Such permission to defer paving of parking and loading spaces shall be predicated upon the applicant filing with the Town Board and Town Clerk and recording at the Suffolk County Recording Office deed restrictions or covenants and restrictions drafted in a manner satisfactory to the Town Attorney, ensuring that the land will be used either as open space or parking.
(2)
All off-street parking and loading areas shall be bordered by vegetative screening or landscaped areas containing trees, shrubs and/or landscaped berms to shield automobiles from view. Wherever feasible, the Planning Board shall require that at least 10% of the total parking lot area be used for interior landscaping, to include trees and shrubs. Interior landscaping shall be distributed throughout all parking lots in planting islands to provide the maximum shade and buffer from noise and glare. At least one deciduous tree for every 20 spaces shall be required within the parking lot.
(3)
To the maximum extent possible, loading areas shall not be located within any front yard setback area and shall be placed at such locations so as to minimize their visibility to the public and to be provided access separate from parking areas and driveways used by the public.
J.
Emergency equipment. All buildings, structures and open spaces accessible to the public shall be accessible to emergency vehicles. Wherever a building or structure exceeds a height of 40 feet, a roadway or other suitable surface capable of supporting heavy emergency equipment shall be located 20 feet from the base.
§ 301-193 Additional performance criteria.
A.
All development subject to the provisions of Article 6 of the Suffolk County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health Services.
B.
As determined by the State of New York or the County of Suffolk, any new public or private sewage treatment plant discharge shall be outside of the Core Preservation Area and shall be located north of the groundwater divide, as defined by the Suffolk County Department of Health Services, as site conditions permit.
C.
All development shall comply with the provisions of Articles 7 and 12 of the Suffolk County Sanitary Code.
D.
All development involving significant discharges to groundwater and located proximate to public water supply wells shall require measures to mitigate impacts upon water quality as required under Article 17 of the New York State Environmental Conservation Law. The Suffolk County Department of Health Services' guidelines for private wells should be used for private wellhead protection.
E.
Development proposals for sites containing or abutting freshwater wetlands shall be separated by a nondisturbance buffer area which shall be in accordance with Article 24 of the New York State Environmental Conservation Law, the Wild, Scenic and Recreational Rivers Act (the Rivers Act)[1] and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation, field delineation or local ordinance. Stricter buffer areas may be established for wetlands as appropriate. Buffer areas shall be delineated on development plans with conditions imposed to assure the preservation of the freshwater wetland resource. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument.
[1]
Editor's Note: See Environmental Conservation Law, § 15-2701 et seq.
F.
Development proposals for sites within the regulated area of the New York Wild, Scenic and Recreational Rivers Act shall conform to the standards of the Act. Variances from the Act shall meet all requirements imposed by the State of New York in order to be deemed to have met the requirements of this standard. Additional relief from the Town of Riverhead Zoning Board of Appeals shall not be required.
G.
All stormwater generated by development shall be recharged on site unless surplus capacity exists in an off-site drainage system. In the review of development plans, the Town Board shall encourage the use of natural recharge areas or drainage system design which result in minimal disturbance of native vegetation with the use of natural swales and depressions as an alternative to excavated recharge basins where feasible. Development plans should include the use of ponds only if such ponds are designed to retain stormwater and are constructed merely for aesthetic purposes. Adequate measures should be employed to control soil erosion and stormwater runoff during construction, as per guidelines promulgated by the New York State Department of Environmental Conservation and the provisions of the Town Code of the Town of Riverhead.
H.
Land subdivision maps and site plans shall be designed to encourage the preservation of large unbroken blocks that provide for contiguous open spaces to be established when adjacent parcels are developed. Applications for subdivision and site plan shall contain calculations for clearing, and these limits shall become part of the filed map or approved drawings. Nonnative vegetation species to be avoided are contained in Figure 5-2 of the plan.
I.
Development projects shall place no more than 15% of the entire site in fertilizer-dependent vegetation. Development designs shall consider native planting suggestions made part of the plan.
J.
Development which will have a significant negative impact upon a habitat essential to those species identified on the New York State maintained lists as rare, threatened or of special concern, or upon the communities classified by the New York State Natural Heritage Program as G1, G2 or G3 or as S1, S2 or S3 or upon any federal listed endangered or threatened species, appropriate mitigation measures, as determined by the state, county or local government agency, shall be imposed to protect such species.
K.
Development projects shall minimize disturbance of the natural grade and/or natural vegetation where slopes exceed 10%. Construction in areas with slopes exceeding 10% may be approved if the site design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Where applicable, nondisturbance buffers shall be placed on those portions of the site where slopes exceed 10%. Development plans shall include a slope analysis depicting existing slopes in the ranges of 0% to 10%, 11% to 15% and 15% or greater. Erosion and sediment control plans and details of retaining walls and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%.
L.
Prior to construction, soil erosion and sediment control plans shall be prepared and approved which achieve the following objectives:
M.
In order to provide for orderly development and the efficient provision of infrastructure, applications for development projects depicting either open space or reserve areas shall specify the conditions of ownership and the use of such lands, and such conditions shall be set forth in the deed of dedication, declaration of covenants, conservation easement or similar instrument.
N.
Any existing, expanded or new activity involving agricultural production or horticulture shall comply with best management practices as set forth in the plan, as may be amended from time to time.
O.
Development plans shall indicate established recreational and educational trails and trail corridors, active recreational sites, scenic corridors, roads, vistas and viewpoints, sites of historical or cultural significance, including historic districts, sites on the State or National Registers of Historic Places and historic structures listed on the State or National Registers of Historic Places, or recognized by local law or statute, sensitive archeological sites as identified by the New York State Historic Preservation Officer or the New York State Museum, within 500 feet of the proposed development, and shall provide adequate measures to protect such natural resources. The use of existing natural buffers or the restoration of degraded buffer areas, the use of signs or other man-made structures, consistent in style and scale with the community character, or other similar measures shall be taken to protect roadside areas as well as scenic and recreational resources.
P.
All development shall comply with the applicable provisions of the Suffolk County Sanitary Code and all other applicable federal, state or local laws.
Q.
All development shall comply with the applicable provisions of the New York State Environmental Conservation Law and all other applicable federal, state or local laws regulating the environment.
R.
The approval of the New York State Historic Preservation Office for the establishment of a site-specific protocol for either the relocation of development or the retrieval of artifacts in the event of excavation shall be obtained in order to mitigate impacts upon archaeological resources within the PRP District.
S.
The applicant shall submit a traffic study for the approval of the comprehensive development plan, which study shall identify and for which the applicant shall pay and implement measures to mitigate the impact of traffic generated by the full buildout of all development within the PRP District to the point where the effects of such buildout are comparable to future conditions without such development. Such mitigation measures shall include but not be limited to:
(1)
Signal, timing, geometric improvements and regulatory measures.
(2)
A restriction against additional vehicular access points along Swan Pond Road.
(3)
The completion of off-site road improvements to be required by the New York Department of Transportation as a function of permit review for curb cuts along New York State Route 25.
(4)
The geometric improvement of the intersection of Edwards Avenue and Route 25, if warranted by motor vehicle traffic generated by development in the PRP District.
T.
Development within the PRP District shall adhere to setbacks as required; notwithstanding such adherence, noise emanating from the PRP District shall comply with Chapter 251, Article I, Noise, of the Code of the Town of Riverhead, which limits such noise levels from commercial and industrial properties to neighboring properties to 65 dBA between the hours of 7:00 a.m. and 8:00 p.m., and 50 dBA between the hours of 8:00 p.m. and 7:00 a.m. [see § 251-5L(2)]. In the event that such noise levels are exceeded, such additional noise abatement measures, including increasing such setbacks or the provision of noise walls or the provision of berms, fences, vegetation and the like, shall be provided for. Such restrictions shall not apply to aircraft noise whose flights shall be restricted to daytime hours.[2]
§ 301-194 Findings; intent; purpose.
[Amended 7-9-2009 by L.L. No. 38-2009]
A.
This Town Board finds and determines that the provisions of the Pine Barrens Overlay District were designed, in part, to protect the Pine Barrens Core and Compatible Growth Areas. This Town Board further finds that the provisions of the Pine Barrens Overlay District regarding land clearing must be clarified to insure that contiguous areas of land remain undisturbed to both protect habitats and to insure the continued proliferation of flora and fauna in the area. This Town Board further determines that the needed clarification must be adopted before ownership of the affected lands pass from the Town of Riverhead to forestall any dispute over the intended meaning of the land clearing provisions. This Town Board further finds and determines that the Long Island Pine Barrens Protection Act enacted by the State Legislature in 1993 recognized that the towns within the Pine Barrens region are the natural guardians of the unique Pine Barrens land within the Town's jurisdiction through the exercise of their accepted zoning powers. Therefore, it is the intent of this article to enact certain clarifications of existing provisions to insure that the safeguards that the Town of Riverhead intended to impose regarding land clearing are observed.
B.
In 1993, New York State adopted § 57-0119 of the Environmental Conservation Law ("ECL"), entitled "Central Pine Barrens Joint Planning and Policy Commission." This Commission consists of five voting members: a member appointed by the Governor, the County Executive of Suffolk County and the Supervisors of the Towns of Riverhead, Brookhaven and Southampton. This Commission was formed to implement, manage and oversee land use within the Central Pine Barrens Area on Long Island. ECL § 57-0119, Subdivision 6(a), gives the Commission the power to prepare, adopt and ensure implementation of the Comprehensive Land Use Plan. ECL Article 57 recognizes the importance of the three local towns in regulating the implementation of the plan within the Central Pine Barrens Region. The authority to establish a Comprehensive Land Use Plan is contained in ECL § 57-0121. In conformance with ECL Article 57 and the Comprehensive Land Use Plan, the Town Board of the Town of Riverhead enacted this Article XLI of the Town Code of the Town of Riverhead, entitled "Pine Barrens Overlay District." The intention of the original legislation adopted in 1995 and the resulting plan was that the local Planning Board and zoning powers and authority to regulate land uses by local municipalities within the Central Pine Barrens Area would not be affected by said legislation and plan.[1]
C.
It is the purpose of this article to provide consistency with the goals of the Central Pine Barrens Comprehensive Land Use Plan adopted by the Town Board on June 28, 1995, pursuant to the provisions of Article 57 of the New York State Environmental Conservation Law, as follows:
(1)
To protect, preserve and enhance the functional integrity of the pine barrens ecosystem and the significant natural resources thereof.
(2)
To protect the quality of surface water and groundwater.
(3)
To discourage piecemeal and scattered development, and to encourage the preservation of contiguous areas of open space and nondisturbed areas to the greatest extent practicable.
(4)
To promote active and passive recreational and environmental educational uses that are consistent with the Land Use Plan.
(5)
To accommodate development in a manner consistent with the long-term integrity of the pine barrens ecosystem and to ensure that the pattern of development is efficient and orderly.
(6)
To protect the pine barrens ecosystem from illegal activity within the boundaries of the Central Pine Barrens Area, in particular clearing of large tracts of land without the necessary approvals.
D.
The particular objectives for land use with respect to the Central Pine Barrens Core Preservation Area include:
(1)
Preserving the pine barrens in their natural state, thereby ensuring the continuation of the unique and significant ecologic, hydrogeologic and other resources representative of such environments.
(2)
Promoting compatible agricultural, horticultural and open space recreational uses within the framework of maintaining a pine barrens environment and minimizing the impact of such activities thereon.
(3)
Prohibiting or redirecting new construction or development.
(4)
Accommodating specific pine barrens management practices, such as prescribed burning, necessary to maintain the special ecology of the preservation area.
(5)
Protecting and preserving the quality of surface water and groundwater.
(6)
Protecting the pine barrens ecosystem from illegal activity within the boundaries of the Central Pine Barrens Area, in particular clearing of large tracts of land without the necessary approvals.
E.
The particular objectives for land use with respect to the Central Pine Barrens Compatible Growth Area include:
(1)
Preserving and maintaining the essential character of the existing pine barrens environment, including plant and animal species indigenous thereto and habitats thereof.
(2)
Protecting the quality of surface water and groundwater.
(3)
Discouraging piecemeal and scattered development.
(4)
Encouraging appropriate patterns or compatible residential, commercial, agricultural and industrial development in order to accommodate regional growth influences in an orderly way while protecting the pine barrens environment from the individual and cumulative adverse impacts thereof.
(5)
Accommodating a portion of the development redirected from the Core Preservation Area.
(6)
Allowing appropriate growth consistent with stated natural resource goals.
(7)
Protecting the pine barrens ecosystem from illegal activity within the boundaries of the Central Pine Barrens Area, in particular clearing of large tracts of land without the necessary approvals.
F.
Although each of the zoning codes of the respective three towns contains penalty provisions for violations of the Code, no specific provisions are included for violations of regulations within the Central Pine Barrens Area. Article 57 of the ECL does not specifically provide for an enforcement or penalty provision. The Towns of Riverhead, Brookhaven and Southampton desire to discourage and prevent unauthorized and illegal land clearing activities, illegal dumping and other unauthorized uses within the core area and the compatible growth area of the Long Island Central Pine Barrens Region. Any amendment to Article 57 of the ECL should be consistent with existing code enforcement provisions in each of the three towns.
G.
This article, in addition to the purposes outlined above, is necessary to raise the potential penalties under the authority of the respective Town codes for unauthorized and illegal land clearing activities, as well as provide enforcement of other provisions of the respective Town code regarding the Long Island Central Pine Barrens Region.
§ 301-195 Applicability.
A.
The provisions of this article shall apply to those lands in Town located within the boundaries of the Central Pine Barrens Area as defined in § 57-0107, Subdivision 10, of the New York State Environmental Conservation Law, as the same may be amended from time to time.
B.
While the fine amounts set forth herein are significant, they are not out of proportion to the nature of the violation. Violations occurring within the Central Pine Barrens Area may threaten groundwater and the endangered and threatened plants and animals found within the Central Pine Barrens. Through the enactment of Article 57 of the ECL, the State Legislature has seen fit to protect this environmentally sensitive area. This article is adopted pursuant to the home rule authorization found within § 10, Subdivision 4(b), of the Municipal Home Rule Law and is intended to supersede § 268 of the Town Law.[1]
§ 301-196 Development within Core Preservation Area.
A.
Development within the Core Preservation Area shall be prohibited unless a hardship exemption is issued by the Central Pine Barrens Joint Planning and Policy Commission pursuant to § 57-0121 of the New York State Environmental Conservation Law. Land uses which do not constitute development may be permitted, provided that the use compiles with all other applicable provisions of this chapter.
B.
Notwithstanding the provisions of the aforementioned Subsection A, any legally existing, expanded or new activity involving agricultural or horticultural production may be permitted in the Core Preservation Area, provided that the agricultural or horticultural production does not involve the material alteration of native vegetation and that the land use complies with all other applicable provisions of this chapter. The erection of accessory agricultural or horticultural buildings or structures required for agricultural or horticultural production may be permitted, provided that said buildings or structures comply with all other applicable provisions of this chapter. Uses, buildings or structures that require the material alteration of native vegetation shall be prohibited as provided in Subsection A of this section.
C.
A land use in the Core Preservation Area that lawfully exists at the effective date of this article or any amendment thereto may be continued in its present form except that the aforementioned Subsections A and B shall apply to any change, alteration, expansion, restoration or modification to said land use constituting development as defined herein.
§ 301-197 Development within Compatible Growth Area.
[Amended 7-19-2005 by L.L. No. 24-2005; 7-9-2009 by L.L. No. 38-2009; 7-2-2024 by L.L. No. 12-2024; 4-1-2025 by L.L. No. 11-2025]
A.
Development within the Compatible Growth Area (CGA) shall comply with the following standards:
(1)
All development subject to the provisions of Article 6 of the Suffolk County Sanitary Code shall meet the applicable requirements of the Suffolk County Department of Health Services.
(2)
As determined by the State of New York or the County of Suffolk, any new public or private sewage treatment plant discharge shall be outside and down gradient of the Central Pine Barrens, and shall be located north of the groundwater divide, as defined by the Suffolk County Department of Health Services, as site conditions permit. Treatment systems that are approved by the New York State Department of Environmental Conservation or the Suffolk County Department of Health Services may be used in lieu of a sewage treatment plant.
(3)
All development shall comply with the provisions of Articles 7 and 12 of the Suffolk Sanitary Code.
(4)
All development involving significant discharges to groundwater and located proximate to public water supply wells shall require measures to mitigate impacts upon water quality as required under Article 17 of the New York State Environmental Conservation Law. The Suffolk County Department of Health Services' guidelines for private wells should be used for private wellhead protection.
(5)
Development proposals for sites containing or abutting freshwater wetlands shall be separated by a nondisturbance buffer area which shall be in accordance with Article 24 of the New York State Environmental Conservation Law, the Wild, Scenic and Recreational Rivers Act (the Rivers Act) and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation, field delineation or local ordinance. Stricter buffer areas may be established for wetlands as appropriate. Buffer areas shall be delineated on development plans with conditions imposed to assure the preservation of the freshwater wetland resource. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument.
(6)
Development proposals for sites within the regulated area of the New York Wild, Scenic and Recreational Rivers Act shall conform to the standards of the Act. Variances from the Act shall meet all requirements imposed by the State of New York in order to be deemed to have met the requirements of this standard. Additional relief from the Town of Riverhead Zoning Board of Appeals shall not be required.
(7)
All stormwater generated by development shall be recharged on site unless surplus capacity exists in an off-site drainage system. In the review of development plans, the Town Board shall encourage the use of natural recharge areas or drainage system design which result in minimal disturbance of native vegetation with the use of natural swales and depressions as an alternative to excavated recharge basins where feasible. The use of natural recharge areas which cause minimal disturbance of native vegetation, preserve the native habitat in lieu of recharge basin or ponds that would require removal of significant areas of vegetation shall not count towards the satisfaction of the open space requirement. Development plans should include the use of ponds only if such ponds are designed to retain stormwater and are not merely constructed for aesthetic purposes. Additionally, creation of ponds shall require approval from the Commission and shall not count towards the satisfaction of the open space requirement. Adequate measures should be employed to control soil erosion and stormwater runoff during construction, as per guidelines promulgated by the New York State Department of Environmental Conservation.
(8)
Clearing and open space standards.
(a)
The proposed disturbance to natural vegetation and minimum open space requirements shall be based zoning as of June 28, 1995, or current zoning, whichever is more protective of the environment, by minimizing clearance or maximizing open space, and shall exclude those lands within EPCAL, and shall conform to the following standards:
Zoning Use District | Maximum Clearing (percentage) | Minimum Open Space Requirement |
|---|---|---|
RB80 | 35% | 65% |
APZ | 35% | 65% |
CI | 60% | 40% |
LI | 60% | 40% |
BUS CR | 60% | 40% |
(b)
The applicable clearing percentage shall be calculated over the area of the entire project site, including but not limited to public highways, roadways, building sites, parking areas, drainage structures and recharge areas. Development plans shall delineate the existing naturally vegetated areas, shall calculate those portions of the site that are already cleared due to previous activities and shall contain calculations for the amount of disturbance of native vegetation and indicate the clearing limits thereof.
(c)
To the extent that a portion of a site includes Core property, and for the purpose of calculating the clearing limits, the site shall be construed to be the combined Core and CGA portions. However, the Core portion may not be cleared without a hardship exemption. Additionally, for a project site which is split between the Core and CGA and within which Pine Barrens Credits have been issued for the Core Preservation Area portion, only the Compatible Growth Area acreage shall be used to determine the amount of clearing allowed.
(d)
Development project sites which consist of non-contiguous parcels shall be treated as if the parcels were contiguous for the purpose of determining compliance with applicable clearing standards.
(e)
Development project sites which consist of parcel(s) that are split among two or more zoning categories shall have a total clearing allowance for the entire site which is the sum of the individual clearances for each separately zoned portion of the site.
(f)
Development project site which are also Residential Overlay Districts and which included the redemption of Pine Barrens Credits shall apply clearing standards based upon the actual resulting average lot size after the redemption of Credits, rather than the base zoning lot size.
(g)
Land cleared for purposes of conducting environmental restoration pursuant to ECL 57- 0107(13)(c), immediately after revegetation, shall be considered "natural vegetation", and shall not be considered "cleared" or "previously cleared" land in determining conformance with applicable clearing standards.
(h)
Persons seeking relief from clearing requirements on individual lots must file a CGA hardship application.
(i)
A map of the portion of Pine Barrens Overlay District within the fence line of the former Grumman facility now known as "EPCAL" shall be adopted designating those areas of the EPCAL site where land clearing is prohibited. The areas where land clearing is prohibited shall constitute 35% of the overall site. Those areas contained on said map where land clearing is not prohibited may be cleared. The map may be modified from time to time by local law of the Town Board.
(j)
Land subdivision maps and site plans outside of the EPCAL site shall contain calculations for clearing and open space, and these limits shall become part of the filed map or approved drawings. Nonnative vegetation species to be avoided are contained in Figure 5-2 of the Central Suffolk Pine Barrens Comprehensive Plan. Conservation design promotes the significant natural and cultural resources and environmental features of a site by concentrating development into compact areas. This is required for development projects and accomplished through the use of conservation design methods that include clustering, reduced density development design, or similar methods that achieve minimum open space requirements. In determining which areas of a development project site to set aside as open space, the order of priority, from highest to lowest shall be as follows:
[1]
Areas that include any species, habitats or significant attributes required to be protected under existing regulations. This includes, but is not limited to wetlands; the habitats of endangered; threatened and special concern species; floodplains; archaeological sites and burial grounds and new cemeteries.
[2]
Areas that contain woodlands followed by other natural areas.
[3]
Areas that contain woodlands and other natural areas adjacent to existing open space, that will connect open space areas into large contiguous, unbroken blocks of habitat. This should include consideration of existing and planned future development of adjacent properties.
(k)
Projects that do not have sufficient existing natural areas to meet the minimum open space requirement due to prior development or use, will be required to revegetate areas to satisfy this standard. This includes sites that do not meet the minimum open space requirement due to pre-existing clearing or disturbance, formalized landscaped and turf areas and/or impervious surfaces. A range of restoration methods may be required but are not limited to the "Self-Heal" approach, active restoration with nursery stock, and/or transplantation activities with the "Self-Heal" approach utilized first for restoration of areas to be se aside as open space unless otherwise prevented by site conditions. If the "Self-Heal" approach fails to restore a restoration plan which shall include, but is not limited to the description of the restoration method, map of the area to be restored, site preparation work, schedule for implementation monitoring and reporting requirements to guarantee a success rate of 85% after three to five years, invasive species management and reporting requirements. Upon successful restoration, said restoration area must be protected in accordance with "receiving entity, and protecting for open space areas."
(l)
The use, maintenance and management of open space shall be considered when protecting open space areas, as such the project applicant must specify the entity to which the open space will be dedicated. Open space shall be dedicated to a government entity, private not for profit, land conservation management organization, HOA or similar entity via the transfer of title, permanent conservation easement, or covenant recorded with the Suffolk County Clerk or similar mechanism to ensure open space protection.
(9)
Development projects shall place no more than 15% of the entire site in fertilizer-dependent vegetation including formalized turf areas. Development designs shall consider native planting suggestions made part of the plan, as nonnative species generally require fertilization so their inclusion shall be limited to the maximum extent practicable.
(10)
Development which will have a significant impact upon a habitat essential to those species identified on the New York State maintained lists as rare, threatened, endangered or of special concern, or upon the communities classified by the New York State Natural Heritage Program as G1, G2 or G3 or as S1, S2 or S3 or upon any federal listed endangered or threatened species, appropriate mitigation measures, as determined by the state, county or local government agency, shall be imposed to protect such species.
(11)
Development projects shall incorporate bird friendly structures and site planning elements to reduce bird strike and mortality to the greatest feasible with guidance provided in the American Bird Conservancy et al publication "Bird Friendly Building Design."
(12)
Development projects shall minimize disturbance of the natural grade and/or where slopes exceed 10%. Construction in areas with slopes exceeding 10% may be approved if the site design incorporates adequate soil stabilization and erosion control measures so as to mitigate negative environmental impacts. Where applicable, nondisturbance buffers shall be placed on those portions of the site where slopes exceed 10%. Development plans shall include a slope analysis depicting existing slopes in the ranges of 0% to 10%, 11% to 15% and 15% or greater. Erosion and sediment control plans and details of retaining walls and erosion control structures shall be required for construction in areas where slopes exceed 15% and for roads and driveways traversing slopes of 10%.
(13)
In order to provide for orderly development and the efficient provision of infrastructure, applications for development projects depicting either open space or reserve areas shall specify the conditions of ownership and the use of such lands, and such conditions shall be set forth in the deed of dedication, declaration of covenants, conservation easement or similar instrument.
(14)
Where applicable, the use of a planned residential development or use of cluster design pursuant to Article LIV, Cluster Development, of this chapter shall be encouraged to preserve open space. Further, the use of planned industrial park development pursuant to the provisions of Article LIII, Subdivision Regulations, of this chapter shall be encouraged to preserve open spaces.
(15)
Any existing, expanded or new activity involving agricultural production or horticulture shall comply with best management practices as set forth in the plan, as may be amended from time to time.
(16)
Development plans shall indicate established recreational and educational trails and trail corridors, active recreational sites, scenic corridors, roads, vistas and viewpoints, sites of historical or cultural significance, including historic districts, sites on the State or National Registers of Historic Places and historic structures listed on the State or National Registers of Historic Places, or recognized by local law or statute, sensitive archeological sites as identified by the New York State Historic Preservation Officer or the New York State Museum, within 500 feet of the proposed development, and shall provide adequate measures to protect such natural resources. The use of existing natural buffers or the restoration of degraded buffer areas, the use of signs or other man-made structures, consistent in style and scale with the community character, or other similar measures shall be taken to protect roadside areas as well as scenic and recreational resources.
(17)
All commercial or industrial development shall comply with the applicable provisions of the Suffolk County Sanitary Code and all other applicable federal, state or local laws.
B.
A land use within the Compatible Growth Area that lawfully exists at the time of the effective date of this article or any amendment thereto may be continued in its present form except that the aforementioned standards shall apply to any change, structural alteration, expansion, restoration or modification to said land use constituting development as defined herein.
C.
Those economic development activities to occur upon those lands within the 2,900-acre tract of the Calverton Naval Weapons Industrial Reserve Plant as contemplated by Public Law 103- c337 (Suffolk County Tax Map parcels 0600-135-1-2, 0600-135-1-6 and 0600-135-1-7), the plan and its attending generic environmental impact statement shall not constitute development as defined by § 57-0107, Subdivision 13(i), of the New York State Environmental Conservation Law and by this article.
D.
Penalties for offenses.
(1)
In addition to the penalties provided for elsewhere in this chapter, any person or entity who shall violate any of the provisions here shall restore the subject premises or property or shall undertake any necessary remedial action, including but not limited to the posting of a performance and maintenance bond, as required by the Town Board in order to bring the subject premises into conformance with the requirements of this chapter and the Central Pine Barrens Comprehensive Land Use Plan or any permit, covenant or condition issued thereto.
(2)
Any person or entity who shall violate any of the provisions contained in this chapter or the Central Pine Barrens Comprehensive Land Use Plan or any permit covenant or condition issued pursuant thereto shall be guilty of a violation of such, which shall be punishable by a fine not to exceed $25,000 or not more than one year in jail for violations occurring on premises or property located within the Core Preservation Area or $10,000 or not more than one year in jail for violations occurring on premises or property located within the Compatible Growth Area, and an additional fine of $1,000 per day in both areas for each day that such violation continues. A violation of this section shall be classified as an unclassified misdemeanor.
(3)
Any fines or penalties collected pursuant this chapter for violations of the provisions of the Town Code relating to the Pine Barrens Overlay District, when paid over to the Town, shall be maintained in a segregated account to be used exclusively for the continuation of the protection, preservation, enhancement and/or restoration of the natural resources and ecosystems of the Central Pine Barrens Region.
(4)
Where authorized by a duly adopted resolution of the Town Board, the Town Attorney shall bring and maintain a civil proceeding, in the name of the Town in the Supreme Court, pursuant to Town Law § 268, to enjoin the person or persons conducting or permitting any violation of this article for further conducting or permitting said violation.
§ 301-198 Transfer of development rights; Pine Barrens credit program.
[Amended 7-19-2005 by L.L. No. 23-2005; 6-7-2016 by L.L. No. 18-2016; 7-2-2024 by L.L. No. 12-2024]
A.
It is the purpose of the Pine Barrens credit program to provide for the preservation of land within the Core Preservation Area while maintaining the value of those lands by providing for the transfer of Pine Barrens credits. Development rights shall be transferable from the Core Preservation Area to approved receiving sites outside the Core Preservation Area pursuant to Article XLII, Transfer of Development Rights, of this chapter, and the transfer of development rights standards of Article 6 of the Suffolk County Sanitary Code. Additionally, a landowner must obtain a Pine Barrens credit certificate from the Pine Barrens Credit Clearinghouse (the "Clearinghouse") as set forth in the plan, which Pine Barrens credit may be sold or used in accordance with the procedures set forth in this chapter.
B.
General regulations.
(1)
Pine Barrens credits, or fractions thereof, shall be allocated for each parcel of land established as a separate tax lot as of the effective date of this chapter.
(2)
Pine Barrens credits shall be allocated for each parcel of land based upon the development yield established by multiplying the gross lot area (acres) of the parcel by the following development yield factor, such factor predicated upon that zoning use district in existence upon the adoption of the plan in June 1995, or the date the parcel was added to the Core Preservation Area or sending area if later.
Zoning Use District | Development Yield Factor |
|---|---|
Natural Resources Protection | 0.20 |
Open Space Conservation | 0.25 |
(3)
A fractional allocation of a Pine Barrens credit shall be rounded to the nearest one-hundredth of a Pine Barrens credit.
(4)
Notwithstanding the aforementioned provisions, the Planning Board, upon the written request of the landowner, and subject to prior approval by the Commission, may elect to increase the allocation of Pine Barrens credits for a parcel of land if it can be demonstrated to the satisfaction of the Planning Board that the potential development yield of the property, pursuant to Article LIII, Subdivision Regulations, § 301-285, is greater than the yield set forth herein.
(5)
No Pine Barrens credit shall be allocated for property owned or held by a public agency, municipal corporation or governmental subdivision, including property held by reason of tax default.
(6)
No Pine Barrens credit shall be allocated for property for which the development rights have previously been used or acquired, nor for lands which are encumbered by easement, covenant or other deed restriction for the purpose of land protection, preservation or conservation.
(7)
No Pine Barrens credits may be transferred into the Core Preservation Area. Pine Barrens credits originating in the Core Preservation Area may be transferred out of the Central Pine Barrens Area pursuant to the establishment of receiving areas. Pine Barrens credits shall not originate from lands within the Compatible Growth Area.
(8)
In situations where a development project site contains a parcel which is split between the Core and CGA, and where the entire project site's acreage (Core and CGA acreage added together) was used for determining the amount of clearing that can occur on the CGA portion, no Pine Barrens Credits can be obtained on the Core portion of the property.
(9)
Pine Barrens credits can only be allocated to partially developed parcels when said parcel is at least twice the minimum lot size fore the zoning used district in which is it situated, and the project is otherwise eligible for a Credit allocation.
(10)
In allocation Pine Barrens credits to portion(s) of any otherwise eligible parcel, the Clearinghouse shall consider the extent of any prior public acquisition of that parcel or any portion thereof.
(11)
No allocation of credits shall be made to any parcel or portion thereof upon which an ownership overlap condition exists among more than one competing owners unless and until such ownership overlap condition is resolved by the applicant to the satisfaction of the Commission. Additionally, application for credits on such parcels where the overlap condition includes as one of the competing owners any governmental agency or body, the Commission shall communicate in writing to the relevant governmental agency or body a request for guidance on resolving the overlap condition.
(12)
Intermunicipal redemption of Pine Barrens credits is defined as the redemption of credits in a Town or Village in Suffolk County other than the one from which it was generated. Said intermunicipal redemption shall require approval from both the receiving and generating municipality. Such intermunicipal redemption may include the redemption of Pine Barrens credits in municipalities outside of the Central Pine Barrens. Intermunicipal redemption include but are not limited to the redemption of credits to satisfy the requirements of the Suffolk County Department of Health Services anywhere within that Department's jurisdiction.
(13)
Absent unanimous action by the Commission to the contrary, each Pine Barrens credit redemption shall be irrevocable.
(14)
Pine Barrens credits may not be redeemed in the Core Preservation Area or any other designated sending areas.
§ 301-199 Statutory authority.
This article is adopted pursuant to § 261-a of the New York State Town Law and the Town of Riverhead Comprehensive Plan. All of the powers and conditions set forth in Town Law § 261-a are hereby adopted. The Riverhead Town Board hereby designates the Riverhead Planning Board as the Town body authorized to implement the transfer of development rights program as set forth herein.
§ 301-200 Definitions.
§ 301-201 Intent and purpose.
It is the intent and purpose of this article to implement the land use policies set forth in the Town of Riverhead Comprehensive Plan with specific reference to protection of the lands located within the Agriculture Protection Zone (APZ), the preservation of agricultural lands, the support of the existing agricultural industry, and the necessary and appropriate economic development of the community.
§ 301-202 Transfer of development rights map.
Pursuant to § 261-a, Subdivision 2b, of the New York Town Law, the relevant sending and receiving districts of the Town of Riverhead TDR Law shall be those areas specifically mapped in accordance with the stated goals of the Town of Riverhead Comprehensive Plan adopted by the Riverhead Town Board by resolution dated November 3, 2003.
§ 301-203 Procedure for designating sending and receiving districts.
A.
Sending district. Prior to mapping a sending district, the Town Board shall determine:
(1)
That the land consists of agricultural use or prime agricultural soils or other natural features identified for protection.
(2)
That the sending district is consistent with a Comprehensive Plan pursuant to § 272-a of the New York State Town Law.
(3)
That the rules and regulations promulgated pursuant to the State Environmental Quality Review Act (SEQRA) have been complied with.
B.
Receiving district. Prior to mapping a receiving area, the Town Board shall determine:
(1)
The effects of potential increased development which is possible under transfer of development rights, including the requirements that the receiving district contains adequate transportation, water supply, waste disposal and fire protection, that there will be no significant environmentally damaging consequences, and that such increased development is compatible with the development otherwise permitted by any municipality or agency thereof having jurisdiction to approve permissible development within the district.
(2)
That the receiving district is consistent with a Comprehensive Plan pursuant to § 272-a of the Town Law.
(3)
That the rules and regulations promulgated pursuant to the State Environmental Quality Review Act (SEQRA) have been complied with.
§ 301-204 Designation of sending districts.
[Amended 12-17-2024 by L.L. No. 43-2024]
Pursuant to § 301-202 of this article, the Town Board shall be authorized to establish specifically mapped lands in accordance with § 261-a, Subdivision 2b. The following zoning use district is hereby mapped as a sending district:
§ 301-205 Designation of receiving districts.
[Amended 12-17-2024 by L.L. No. 43-2024]
Pursuant to § 301-202 of this article, the following zoning use districts are hereby mapped as receiving districts:
A.
Residence A-80 (RA80) Zoning Use District.
B.
Residence A-40 (RA40) Zoning Use District.
C.
Hamlet Residential (HR) Zoning Use District.
D.
Retirement Community (RC) Zoning Use District.
E.
Business Center (BC) Zoning Use District.
F.
Shopping Center (SC) Zoning Use District.
G.
Destination Retail Center (DRC) Zoning Use District.
H.
Commercial/Residential Campus (CRC) Zoning Use District.
I.
Business F Zoning Use District.
J.
Planned Recreational Park (PRP) Zoning Use District.
K.
Calverton Industrial (CI).
§ 301-206 Procedures for severing development rights.
[Amended 12-17-2024 by L.L. No. 43-2024]
A.
Preservation credit certificate. A property owner may request preservation credit certificates from the Planning Board by submission of the following:
(1)
A completed preservation credit certificate application form to be supplied by the Planning Board;
(2)
Property survey showing existing conditions certified to the Town of Riverhead and the area to be preserved;
(3)
Current title commitment prepared by a company licensed to do business in the County of Suffolk and noting the Town of Riverhead as proposed insured;
(4)
Copy of deed;
(5)
Legal description of the area from which rights are to be severed;
(6)
Copy of tax bill;
(7)
Fee of $500.
B.
Upon the recording of the conservation easement in the office of the County Clerk, or submission of the conservation easement to the Planning Board in recordable form, encumbering all or part of a sending parcel and the provision of evidence of same to the Planning Board together with a current title insurance policy showing title insurance acceptable to the Planning Board in an amount equal to the value of the conservation easement and naming the Town of Riverhead as an insured, the Planning Board shall issue a preservation credit certificate certifying that the holder is entitled to a specific number of preservation credits. Fractional credits may be issued by the Planning Board.
§ 301-207 Allocation of preservation credits.
[Amended 12-17-2024 by L.L. No. 43-2024]
When an application for the allocation of preservation credits is made to the Planning Board, such Board shall calculate the total number of credits upon the real property within a designated sending area using a development yield factor. Development yield is established by multiplying the gross area of the parcel by the relevant development yield factor for the sending district. The development yield factor for all mapped sending areas shall be one right per 43,560 square feet of unimproved real property, except that no allocation of preservation credits shall be made for the following:
A.
Real property from which rights have been previously purchased or transferred.
B.
Real property improved with any structure not an agricultural structure as defined herein, or any improvement, including golf courses.
C.
Parcels of property less than seven acres in size.
D.
Any land concerning which the Planning Board determines that the severing of development rights therefrom would be inconsistent with the goals and objectives set forth in the Comprehensive Plan.
§ 301-208 Redemption of preservation credits.
[Amended 12-17-2024 by L.L. No. 43-2024]
Preservation credits may be used to increase the development yields within mapped receiving areas according to the procedures set forth herein. In its determination of the total development yield of a particular property upon which development rights are to be applied, the Board responsible for review shall consider the extent of natural features existing on the site, including, but not limited to, water surfaces, tidal wetlands, freshwater wetlands, horizontal area of escarpments, bluffs, woodlands and beaches below mean high water.
A.
Residence A-80 (RA80) Zoning Use District. Preservation credits may be used to increase lot yield within the RA80 Zoning Use District. However, in no instance shall such lot yield exceed one lot per 40,000 square feet after subtracting for that land area required for infrastructure and public improvements. In its review and approval of subdivision within the RA80 Zoning Use District utilizing preservation credits, the Planning Board shall condition the final map approval upon the redemption of the appropriate number of credits, with the signature and recording of the subdivision predicated upon the redemption and retiring of the appropriate number of preservation credits.
B.
Residence A-40 (RA40) Zoning Use District. Preservation credits may be used to increase lot yield within the RA40 Zoning Use District. However, in no instance shall such lot yield exceed one lot per 20,000 square feet after subtracting for that land area required for infrastructure and public improvements. In its review and approval of subdivision within the RA40 Zoning Use District utilizing preservation credits, the Planning Board shall condition the final map approval upon the redemption of the appropriate number of credits, with the signature and recording of the subdivision predicated upon the redemption and retiring of the appropriate number of preservation credits.
C.
Hamlet Residential (HR) Zoning Use District. Preservation credits may be used to increase lot yield within the HR Zoning Use District. However, in no instance shall such lot yield exceed one lot per 40,000 square feet after subtracting for that land area required for infrastructure and public improvements. In its review and approval of subdivision within the HR Zoning Use District utilizing preservation credits, the Planning Board shall condition the final map approval upon the redemption of the appropriate number of credits, with the signature and recording of the subdivision predicated upon the redemption and retiring of the appropriate number of preservation credits.
D.
Retirement Community (RC) Zoning Use District. Preservation credits may be used to increase the development yield associated with site plan applications made to the Town pursuant to Article VIII, Residence RC (RC) Zoning Use District (Retirement Community), of this chapter. In its review and approval of such site plan applications, the Board responsible for review may increase the allowable development yield at a rate of one dwelling unit per preservation credit redeemed, not to exceed four dwelling units per 40,000 square feet. In its review and approval of subdivisions within the RC Zoning Use District utilizing preservation credits, the Planning Board shall condition the final map approval upon the redemption of the appropriate number of credits, with the signature and recording of the subdivision predicated upon the redemption and retiring of the appropriate number of preservation credits.
E.
Commercial/Residential Campus (CRC) Zoning Use District. Two-family residences shall require a lot of 40,000 square feet and shall employ the use of one preservation credit for the second dwelling unit. However, in no instance shall the number of dwelling units exceed two dwelling units per 40,000 square feet after subtracting for that land area required for infrastructure and public improvements. In its review and approval of subdivision within the CRC Zoning Use District utilizing preservation credits, the Planning Board shall condition the final map approval upon the redemption of the appropriate number of credits, with the signature and recording of the subdivision predicated upon the redemption and retiring of the appropriate number of preservation credits.
F.
Business Center (BC) Zoning Use District. Preservation credits may be used to increase the development yield associated with site plan applications made to the Town pursuant to Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan applications, the Board responsible for review may increase the allowable development yield at a rate of an additional 3,000 square feet of floor area per preservation credit redeemed to a maximum 0.3 floor area ratio.
G.
Shopping Center (SC) Zoning Use District. Preservation credits may be used to increase the development yield associated with site plan applications made to the Town pursuant to Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan applications, the Board responsible for review may increase the allowable development yield at a rate of an additional 3,000 square feet of floor area per preservation credit redeemed to a maximum 0.3 floor area ratio.
H.
Destination Retail Center (DRC) Zoning Use District. Preservation credits may be used to increase the development yield associated with site plan applications made to the Town pursuant to Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan applications, the Board responsible for review may increase the allowable development yield at a rate of an additional 3,000 square feet of floor area per preservation credit redeemed to a maximum 0.3 floor area ratio.
I.
Business F Zoning Use District. Preservation credits may be used to increase the development yield associated with site plan applications made to the Town pursuant to Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan applications, the Board responsible for review may increase the allowable development yield at a rate of an additional 3,000 square feet of floor area per preservation credit redeemed to a maximum of 0.3 floor area ratio.
J.
Planned Recreational Park (PRP) Zoning Use District. Preservation credits may be used to increase the development yield associated with site plan applications made to the Town pursuant to Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan applications, the Board responsible for review may increase the allowable development yield at a rate of an additional 1,500 square feet of floor area per preservation credit redeemed to a maximum of 0.2 floor area ratio.
K.
Calverton Industrial (CI). Preservation credits may be used to increase the development yield for site plan applications made to the Town pursuant to Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan application, the Board responsible for review may increase the development yield at a rate of an additional 5,000 square feet of floor area per preservation credit redeemed to a maximum 0.30 floor area ratio.
§ 301-209 Administration.
The Planning Board shall be the sole administrator of the procedures and functions associated with this article. The Planning Board shall:
A.
Issue preservation credit certificates upon the recording of appropriate easements.
B.
Keep records of, retain and catalog both issued and redeemed preservation credits certificates in a Town-managed database.
C.
Prepare and distribute an annual report providing statistics on TDR program activity.
D.
Discontinue the redemption of preservation credits for residential properties upon the redemption of 500 residential credits anywhere within the Town.
E.
Not permit an area encumbered by a conservation easement to be included in any development yield calculation for subdivision approval by the Riverhead Planning Board.
§ 301-210 Commercial site plan administration.
[Added 5-7-2019 by L.L. No. 11-2019]
The agency responsible for commercial site plan approval shall be the administrator for application of preservation certificates on commercial site plan applications as follows:
A.
In the event that preservation credit certificates are to be applied to commercial development as set forth in this chapter, the agency responsible for commercial site plan approval shall have the authority to vary the development standards set forth in this chapter, including, but not limited to, parking, floor area ratio and lot coverage requirements. The agency responsible for commercial site plan approval shall utilize the standards set forth in § 267-b of the Town Law of the State of New York in determining whether to vary development standards as set forth herein.
B.
This § 301-210 is adopted pursuant to the Municipal Home Rule Law of the State of New York and is expressly intended to supersede the provisions of Town Law § 267-b and § 105-8 of the Town Code of the Town of Riverhead.
§ 301-211 Purpose.
[Amended 7-18-2006 by L.L. No. 23-2006[1]]
A.
Cognizant of the existence within this state of certain areas characterized by persistent and pervasive poverty, high unemployment, limited job creation, dependence on public assistance income, dilapidated and abandoned industrial and commercial facilities and a shrinking tax base, the State Legislature has enacted a law known as the "New York State Empire Zones Act." The purpose of this Act is to allow government to target for these areas extraordinary economic and human resource development programs in order to stimulate private investment, private business development and job creation. Under the Act, special incentives and assistance are available that will promote the development of new businesses, the expansion of existing businesses and the development of human resources within areas that are designated by the New York State Commissioner of Economic Development as an Empire Zone.
B.
In 1996, in response to military base closures and realignments and the loss of jobs at defense contractor facilities around the state, the Governor and the State Legislature amended the Empire Zone statute to allow for the designation of a new round of Empire Zones. Specifically, General Municipal Law § 960, Subdivision (b)(v), was amended to allow for the designation of not more than seven Empire Zones, "each which shall contain a defense or military base or facility which has been designated for closure or realignment or a site currently or formerly owned or operated by either the (1) United States military or (2) a defense contractor whose employment in New York State was adversely affected by a reduction in military spending."
C.
This article is required to permit the Town of Riverhead, in cooperation with the County of Suffolk, to prepare and submit to the New York State Commissioner of Economic Development an application for redesignation of the Town of Riverhead as an Empire Zone and to permit the execution of any documents necessary to effectuate the purposes of this article. It is the intent of this article to provide the incentive necessary to attract private business and industry to the proposed Empire Zone, as further described herein below, and to maintain the connection between such growth and the human resources base of the community within said zone.
§ 301-212 Designation of Empire Zone plan and boundaries.
The Empire Zone is described by Geographic Information System, NYS SPF North American Datum 1983 coordinates, Suffolk County Tax Map numbers or metes and bounds as set forth in descriptions on file in the Town offices and includes the following subzones in the Town of Riverhead:
§ 301-213 Designation and powers of Empire Zone Certifying Officer.
[Amended 12-28-2005 by L.L. No. 54-2005]
The Certifying Officer of the Empire Zone in the Town of Riverhead shall be the Town Attorney, with such powers as provided in the statute.
§ 301-214 Real property tax exemption.
§ 301-215 Allowance for inclusion of regionally significant projects.
[Added 11-8-2006 by L.L. No. 44-2006]
A.
In 2005, New York State amended the Empire Zone Program to include specific projects deemed as "regionally significant projects." "Regionally significant projects" are defined as company and site-specific projects located outside the existing zone boundaries of 1,280 acres/credits and must meet the criteria of § 957, Subdivision (d), of the New York General Municipal Law.
B.
The following projects have been determined as eligible regionally significant project designated areas:
(1)
Telephonics Corporation, located at 789 Park Avenue, Huntington, New York, more particularly described as Suffolk County Tax Map No. 0400-104.04-01.00-110.000;
(2)
US Web, Inc., located at 780 Park Avenue, Huntington, New York, more particularly described as Suffolk County Tax Map No. 0400-104.00-01.00-050.000;
(3)
Blue & White Foods, LLC, located at 535, 525 and 515 Smith Street, Farmingdale, New York, more particularly described as Suffolk County Tax Map No. 0100-6-1-14, 0100-6-1-13 and 0100-6-1-15;
[Added 3-6-2007 by L.L. No. 5-2007; amended 5-1-2007 by L.L. No. 13-2007]
(4)
Custom Woodwork, LTD., dba Heritage Wide Plank Flooring and Renaissance Woodworking, located at 713-817 Pulaski Street, Riverhead, New York, more particularly described as Suffolk County Tax Map No. 600-124-02-24;
[Added 3-6-2007 by L.L. No. 5-2007]
(5)
C & N Packaging, Inc., located at 105 Wyandanch Avenue, Wyandanch, New York, more particularly described as Suffolk County Tax Map No. 0100-080.00-02.00-119.009; and
[Added 3-6-2007 by L.L. No. 5-2007; amended 5-1-2007 by L.L. No. 13-2007]
(6)
Air Techniques, Inc., located at 1295 Walt Whitman Road, Melville, New York, more particularly described as Suffolk County Tax Map No. 0400-255.00-01.00-002.005.
[Added 3-6-2007 by L.L. No. 5-2007]
§ 301-216 Applicability of statutory provisions.
The provisions of Article 19-A of the General Municipal Law are hereby applicable to the establishment or extension of a Business Improvement District in the Town of Riverhead.
§ 301-217 Establishment; boundaries of district.
The Riverhead Business Improvement District shall be and is hereby established in the Town of Riverhead, the Town Board having found that the establishment of the district is in the public interest, that all notices, mailing and hearing requirements have been complied with, that all properties within the district will benefit from the establishment and that all properties benefited are included within the boundaries of the district. The boundaries of said district are hereby established as shown on the map entitled "BID Map, Town of Riverhead, Suffolk County, New York," as last amended February 4, 2005, which map is hereby made a part of this chapter, and all notations, references and other things shown thereon shall be as much a part of this chapter as if fully described herein. Where uncertainty exists with respect to the boundaries of the aforesaid district as shown on the BID Map, the following rules shall apply:[1]
A.
Where the district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries.
B.
Where the district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.
C.
Where the district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets or to the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the BID Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said BID Map.
D.
Where the boundary of the district follows a railroad line, such boundary shall be deemed to be located midway between the main tract of said railroad line.
E.
Where the boundary of the district follows a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Riverhead unless otherwise indicated.
[1]
Editor's Note: The BID Map is on file in the Town Clerk's office.
§ 301-218 Improvements and services.
The construction improvements and provisions of services within the district shall be pursuant to such district plan of the Riverhead Business Improvement District. All said services shall be in addition to, and not a substitution for, required municipal services provided by the Town of Riverhead on a Town-wide basis.
§ 301-219 Exemptions.
All properties within the Business Improvement District shall be deemed benefited by the district and thus shall be taxed. Any property seeking exemption from taxation as allowed under the Real Property Tax Law or by virtue of being a primary residence with no business income derived therefrom must be certified exempt by the Business Improvement District Management Corporation on or before March 1 of the year for which the Assessor is taxing.
§ 301-220 Controlling provisions.
To the extent not otherwise explicitly provided herein, the provisions set forth in Article 19-A of the General Municipal Law shall govern the operation of the Business Improvement District and the District Management Association in the Town. Insofar as the provisions of this article are inconsistent with the provisions of any other local law or act, the provisions of this article shall be controlling.
§ 301-221 Amendment procedure.
Any amendments to the Business Improvement District or to the Business Improvement District Plan shall be made in accordance with the provisions set forth in § 980-i of Article 19-A of the General Municipal Law.
§ 301-221.1 Findings; intent; purpose.
A.
Downtown Riverhead sits along the Peconic River and is comprised of a compact, diverse, mixed-use commercial/residential neighborhood that is the gateway to Long Island's East End tourist region. The downtown contains a concentration of commercial and residential uses and is in close proximity to other regional employment, tourism and commercial centers. The most unique feature of the downtown, and its most underutilized asset, is the Peconic River. Although Riverhead is the county seat of Suffolk County, the downtown riverfront district has suffered from years of decline, disinvestment, crime, and blight, causing a high vacancy rate approaching 50%, which was exacerbated by the COVID-19 pandemic. The downtown does not share in the relative prosperity of other East End communities and, in fact, residents and businesses struggle to make ends meet in a region where the cost of living is among the highest in the country.
B.
The northern portion of downtown contains a mix of cultural, commercial, office, residential and institutional uses. The northwest portion includes offices, the public library, a historical museum, single-family residences, small retail, and institutional uses such as the Suffolk County Court and parking for the railroad and courts. The northeast portion is predominantly developed with residential uses, and the downtown area includes restaurants, retail, offices, workforce and affordable apartments, the Suffolk County Community College Culinary Arts Center, as well as attractions such as Riverfront Park, Grangebel Park, Long Island Aquarium, Suffolk Theater and the Vail-Leavitt Music Hall. The surrounding land uses include the Long Island Railroad, Polish Town Civic Association's event pavilion, a railroad museum, Roanoke Avenue Elementary School, Riverhead Fire Department, the Polish Town business district, including restaurants and single- and two-family residences.
C.
The Town of Riverhead has spent years attempting to spark revitalization efforts and has completed many plans that analyze the specific problems and potential of Downtown Riverhead. For a variety of reasons, including the lack of funding and professional assistance required for implementation, the goals of these previous plans have not yet been fully realized. Town of Riverhead revitalization plans include:
(1)
Town of Riverhead East Main Street Urban Renewal Area Plan (1993).
(2)
The Analysis of the Opportunity for the Revitalization of the Main Street Corridor - Yeiser, Tkacik and Associates (1993).
(3)
The Vision Plan for Downtown Riverhead - Gary Jacquemin, AIA (1995).
(4)
Town of Riverhead Urban Renewal Plan Railroad Street Corridor (1997).
(5)
The Revitalization Strategy for Downtown Riverhead - Abeles Phillips Preiss & Shapiro (2000).
(6)
Town of Riverhead Comprehensive Plan - Abeles Phillips Preiss & Shapiro (2003).
(7)
Town of Riverhead East Main Street Urban Renewal Area Plan - AKRF (2008 update).
(8)
Peconic River/Route 25 Corridor Step II Brownfield Opportunity Area Nomination Study (BOA) - Nelson, Pope & Voorhis (2016).
(9)
Peconic River/Route 25 Corridor Step II Brownfield Opportunity Area Creative Placemaking Supplement (2016).
(10)
Riverhead Strategic Parking Plan - Sam Schwartz (January 2020).
(11)
Transit Oriented Development Plan for the Railroad Avenue Urban Renewal Area - Nelson, Pope & Voorhis (October 2020).
(12)
Downtown Riverhead Pattern Book - Urban Design Associates (January 2021).
(13)
Railroad Street TOD Development - Request for Qualifications - Nelson, Pope & Voorhis (March 2021).
(14)
Town Square Design - Public Participation Process - Urban Design Associates (Preliminary Analysis - July 2021).
(15)
Benefit Cost Analysis for Town Square and TOD - Dr. Martin R. Cantor, CPA (June 2021).
(16)
Army Corps of Engineers - Flood Plain Management Services Preliminary Analysis (July 2021).
(17)
Riverhead Town Square Market Analysis - Streetsense (August 2021).
(18)
Town of Riverhead Affordable Housing Demand Analysis Summary - AKRF (August 2021).
D.
Although Downtown Riverhead has seen the beginnings of a new vibrancy in recent years with the new mixed-use commercial and affordable/workforce residential developments, construction of a world-class aquarium and Hyatt Conference Center and Hotel, the reopening of the Suffolk Theater, a healthy arts council, the new Preston House & Hotel and restaurant, as well as numerous popular restaurants and businesses, there are still blighted and underutilized properties flanking these improvements, along with many other obstacles to overcome to realize full revitalization. These challenges include a high rate of commercial vacancies 50% and abandoned properties; the need for improved pedestrian environment, including better public access and views to the Peconic River; parking issues; Peconic River/Estuary water quality; the need for wayfinding signage at gateways and throughout the downtown area; the need to overcome a negative image with a rebranding effort; homelessness; increasing crime; aggressive panhandling; retail sale of drug paraphernalia; loitering for the purpose of selling drugs; and interference with trash receptacles and fountains.
E.
Consistent with the recommendations of the Town Square Discovery Process, in 2020, the Town purchased three buildings on Main Street to create a new Town Square to connect East Main Street to the riverfront area and to create a new public space for the community. The Town demolished two of the buildings to make way for the new square and engaged Urban Design Associates to create a Downtown Riverfront Activation Plan, which plans for an activated, family-friendly riverfront. The plan includes the creation of the Town Square, which will serve as a public space and access to the Long Island Science Center and Planetarium, outdoor educational and environmental sculptures, a splash pad and adaptive playground for children of all abilities and an accessible river walk.
F.
In 2022, the Town was awarded a $10,000,000 Downtown Revitalization Initiative (DRI) grant for the purpose of catalyzing the planned development of the Town Square, the Transit Oriented Development, the Long Island Science Center and the Suffolk Theater as a family-friendly tourist and community destination. These projects represent the collective public opinion and the determinations of the DRI Local Planning Committee, derived after numerous public engagement opportunities, of how Downtown Riverhead should be redeveloped and that its direction, particularly in light of the fact that there is an existing aquarium, science center and future planetarium, should be toward family-friendly activities.
G.
The current zoning use districts present in the downtown area allow for a number of uses that should be more specifically described and limited so that the uses that are permitted would not be inconsistent with the creation of a family-friendly downtown area as planned.
H.
Uses placed within this overlay district are those uses that will promote or enhance the development of a specific area of the downtown in response to the Comprehensive Plan goals and objectives and recommendations of specific area studies.
I.
The intent of the Downtown Riverfront Overlay District is to enhance implementation of the recommendations of the Comprehensive Master Plan and the Riverhead Downtown Pattern Book and the Downtown Riverfront District Activation Plan, promote waterfront development to enhance recreation and tourism, and manage land uses to develop the district as a civic area that is people-friendly with active uses, additional entertainment facilities and events, specialty retail and restaurants. The use, dimensions and other requirements for the underlying zoning use district shall apply, unless further restricted hereunder. Where there are conflicts between the regulations hereunder and those contained elsewhere in this chapter, the more restrictive shall apply.
J.
Accordingly, the Town Board has determined to create this specific overlay district that will enable specific site zoning and implementation of the Pattern Book design recommendations to be enumerated and applied. Such standards will promote the public welfare, will enhance the implementation of specific area studies, and will promote the goals and objectives of the Comprehensive Plan.
§ 301-221.2 Boundaries.
The boundaries of said overlay district are hereby established as shown on the map entitled the "Downtown Riverfront Overlay Map, Town of Riverhead, Suffolk County, New York," which map is hereby made a part of this chapter, and all notations, references and other things shown thereon shall be as much a part of this chapter as if fully described herein. This map is on file in the Town Clerk's office. Where uncertainty exists with respect to the boundaries of the aforesaid district as shown on the map, the following rules shall apply:
A.
Where the district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries.
B.
Where the district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.
C.
Where the district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets or to the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the map. If no distance is given, such dimension shall be determined by the use of the scale shown on said map.
D.
Where the boundary of the district follows a railroad line, such boundary shall be deemed to be located midway between the main tract of said railroad line.
E.
Where the boundary of the district follows a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Riverhead unless otherwise indicated.
§ 301-221.3 Uses.
No building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A.
Permitted uses include those principal uses listed in the underlying zoning use district, unless specifically listed as a prohibited use below.
B.
Accessory uses include those accessory uses listed in the underlying zoning use district, unless specifically listed as a prohibited use below.
C.
Prohibited uses include the following:
(1)
Those uses not principally or conditionally permitted in the underlying zoning use district.
(2)
Fraternity, sorority houses and dormitories.
(3)
Smoke shops and tobacco stores, including those selling smoke/vape paraphernalia.
(4)
The public display of firearms, knives, and weapons.
(5)
Any assembly, business or mercantile uses deemed to be adult entertainment establishments, as defined at § 301-3.
(6)
Hospitals, surgical centers, convalescent and rest homes, rehabilitation facilities, clinics, urgent care centers, drug treatment centers.
(7)
Pawnshops.
(8)
Tattoo or body piercing parlors.
(9)
Convenience stores with fuel stations or without fuel centers.
(10)
Automobile rentals.
(11)
Automobile service stations, with or without fuel centers.
(12)
Automobile and truck repair stations, with or without fuel centers.
(13)
Car washes, self-service or automatic, with or without fuel centers.
(14)
Self-serve laundry and/or laundromats.
(15)
Storage yards or storage yards for delivery vehicles.
(16)
Residential Group (R-2), nontransient hotels and motels; R-2 being defined as occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including congregate living facilities (nontransient) with more than 16 occupants, boardinghouses (nontransient), convents, dormitories, fraternities and sororities, monasteries, hotels (nontransient), live/work units, motels (nontransient).
(17)
Motels.