A building or other structure which is customarily located on the same lot occupied by a main building or other structure and is customarily incidental or subordinate to that main building or structure. The term “accessory building” or “accessory structure” may include, but is not limited to, a private garage, shed, hot tub, spa, pool pump and heater, spa pump and heater, heating and air-conditioning condenser, playhouse, swimming pool, tennis court, pickleball courts, playing courts, and private greenhouse and terraces under 12 inches off grade, none of which shall be designed and/or constructed or used for sleeping or cooking.

A use which is customarily located on the same lot occupied by a main or principal use to which the lot is put and is clearly incidental or subordinate to that principal use.

The activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the construction of new structures associated with agricultural activities.

A building or other structure which is used solely and directly for agricultural or animal husbandry purposes and which is located on the lot used for agriculture or animal husbandry but shall not include buildings or other structures for food processing or wine making.

The district referred to in Article II of this chapter.

The cultivation of the soil for food products and other useful or valuable growths of the field, including temporary agricultural greenhouses. The normal preparation of such products for market and the incidental raising of small numbers of livestock and/or poultry for personal consumption by the cultivator and cultivator's family and employees shall be considered accessory uses, provided that they are not a separate and distinct business.

A change or rearrangement of the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another of a building or other structure. The term "alter" in its various modes and tenses and its participial form refers to the making of an alteration.

The raising of livestock, poultry, ducks, geese or fur- and wool-bearing animals as a retail or wholesale business.

A property owner or agent of a property owner who has filed an application for a land development activity.

The Board referred to in Article X of this chapter.

The base flood elevation as shown on the applicable Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for the site where the building or other structure is located.

That portion of a building (habitable or uninhabitable) that is partly below grade, but in no event extending more than three feet above grade.

An owner-occupied building designed, used and occupied as a single-family residence, managed by the property's owner, and having, as an accessory use, bedroom accommodations and breakfast provisions, served in the host's private dining room or kitchen, for those accommodated as paying guests, who are referred to, for purposes of this chapter, as "registered guests."

A room designed or primarily utilized as a bedroom.

A structure primarily of earth or earthen or similar materials intended for security, enclosure or screening purposes.

A structure with a roof supported by columns or walls and having a horizontal area of more than 50 square feet and intended for the shelter, housing or enclosure of persons, animals or chattels.

The area measured at the maximum horizontal cross section of the main and accessory buildings on a lot, including the area of all roofed porches, terraces, breezeways and similar features.

That percentage of lot area covered by the ground floor area of all buildings sited thereon measured to the outside of the exterior walls. Building coverage is computed by dividing the area of building into lot area. See also "lot coverage, total."

The person duly appointed to serve in such capacity by the Village Board.

A structure intended to provide temporary shelter from weather elements (wind, rain, snow and sun) as bus passengers await transport.

A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

Any activity that removes the vegetative surface cover.

The Comprehensive Plan as adopted by the Village Board.

An exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers and/or other independent supports.

The deliberate appropriation of property by its owner for general public use.

The New York State Department of Environmental Conservation.

The New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.

A person who undertakes land development activities.

A right permitted to a lot under a zoning law respecting a permissible use, area, density, bulk or height of improvements thereon.

The area of a parcel whether improved or in a natural condition by which vehicles take access to said parcel. Any such area on a parcel used exclusively for legitimate agriculture shall not be a driveway.

A naturally occurring accumulation of sand in wind- or wave-formed ridges or mounds landward of the beach, often characterized by the natural growth of beach grass.

A one-family detached building conforming to all provisions of this Zoning Code which is comprised of rooms with provisions for cooking, living, sanitary and sleeping facilities designed exclusively for residential use and arranged or intended to be occupied by one individual household or family, whether owner-occupied or utilized as a rental.

September 10, 2007.

The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."

A structure more than one foot high designed to either define the boundary of, or limit access to, a lot or a portion thereof but which does not substantially screen such area from view. No wall shall be deemed to also be a fence.

A term used in floodplain regulations that gives an extra margin of flood protection elevation above the established base flood elevation for any given location in the floodplain.

A building used for the storage of one or more motor vehicles and/or all types of farm machinery and conveyances owned and regularly used by or on behalf of the owner or tenant of the lot on which it is erected and only for a purpose accessory to the permitted use of the lot.

Excavation or fill of material, including the resulting conditions thereof.

A structure utilized for seed germination, plant propagation, hardening-off or forcing or maintenance of a controlled climate to sustain plant growth otherwise not possible in natural out-of-door surroundings. The retail or wholesale sales of such products raised therefrom on premises is permitted. The sale of live or fresh products not raised or produced thereon shall not be permitted. The sale of other products produced or otherwise prepared or manufactured off premises shall also be prohibited.

An accessory building or other structure ancillary to a dwelling, not exceeding 500 square feet in area, intended and used solely for the private enjoyment of the residents of the dwelling.

A specialized agricultural equipment having a framework covered with demountable polyurethane materials or materials of polyurethane nature and lacking a permanent and continuous foundation, which is specifically designed, constructed and used for the culture and propagation of horticultural commodities.

A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable space.

Any gainful occupation customarily conducted within a dwelling by any of the residents thereof that is clearly secondary to the residential use and that does not change the character of the structure or lot as a residence. A home occupation shall not occupy more than 1/3 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used, and further provided that there shall be no external evidence thereof other than an announcement sign, and in no event shall a home occupation employ any equipment used in connection with said occupation which is capable of emanating noise outside the structure. Home occupations shall not be construed to include such use as a clinic or hospital, barbershop or beauty parlor, restaurant, breeding kennel or antique dealer.

The office or studio of a resident physician, surgeon, dentist or other person licensed by the state to practice a healing art, lawyer, architect, artist, real estate broker or salesman, insurance broker, insurance agent or teacher, as herein restricted, provided that not more than two persons who are not members of the family are employed by or are associated with said activity. Each lot may only have one such home professional office use. If more than one home professional office is requested on a single lot, such offices may exist only if a use variance for each such office is approved by the ZBA. Such home professional office may either be in the principal building, provided that the office shall not occupy more than 1/2 of the area of one floor of said building, or, in the case of an accessory structure which is clearly incidental and secondary to the residential building, said office or studio shall not occupy more than the equivalent of 1/2 of the minimum first-floor area of the principal dwelling. There shall be no external evidence other than an announcement sign, and in no event shall there be any equipment within the office which is capable of emanating noise outside the structure. A home professional office shall not include the office of any person engaged therein in the purchase or sale of economic goods. For the purposes of this definition, a teacher shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at one time. Dancing instruction, musical instrument or voice instruction, tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments and stores, trades or businesses of any kind shall not be deemed to be home professional offices. The home professional office of a physician shall not include a biological or other medical testing laboratory.

A land use, including buildings and accessory structures, designed and used for the boarding, breeding, raising, training or stabling of four or more horses as either a commercial or noncommercial enterprise.

A building or group of buildings, whether detached or in connected units, containing individual guest units providing sanitary and sleeping facilities for tourists and visitors on a transient basis.

Any number of persons, related or unrelated, legally occupying a dwelling, not to exceed the maximum occupancy requirements permitted by this chapter.

Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc).

A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

The process of percolating stormwater into the subsoil.

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

A building or other structure having a quality of significance in history, architecture, archaeology and culture as may be found in a district, site, building, structure or object of federal, state or local importance that possesses integrity of location, design, setting, materials, workmanship, feeling and/or association or is associated with an event that has made a significant historical contribution; or that is associated with the life of a significant person; or that embodies the distinctive characteristics of a type, period or method of construction; or that represents the work of renowned architect or craftsman; or that possesses high artistic value; or that represents a significant or distinguishable entity whose components may lack individual distinction; or that has yielded or may be likely to yield information on prehistory or history. Furthermore, in order to constitute an historical or cultural landmark within the meaning of this chapter, the authenticity of the landmark must be acknowledged by the AHRB and Planning Board[1] and such other expert or experts as may be designated for this purpose by the Village Board.

The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

A parcel of land occupied or capable of being occupied by one or more principal buildings and accessory buildings or uses in accordance with the provisions of this chapter, excluding such open spaces as are required by this chapter or preserved under easement unless such open space exceeds the percentage under § 245-12 and/or unless the land preserved under easement is preserved as a burden voluntarily imposed by a landowner independently of any governmental process or benefit, not a required incident of a regulatory process or a sale of development rights or restricted for a consideration.

The total horizontal area of a lot exclusive of land in the bed of any street or right-of-way or waterway and exclusive of the flagpole portion of any flag lot.

A lot at the junction of and fronting on two or more intersecting streets having an interior angle of less than 135° at their intersection. A lot abutting upon a curved street shall also be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.

The portion of the lot area covered by any buildings and/or other structures, excluding fences and walls.

That percentage of lot area covered by the ground floor area of all buildings sited thereon and by all other structures, including parking areas, driveways (excepting the flagpole portion of a flag lot) and all impermeable surfaces.

The length of the shortest line which can be drawn from the front lot line to the rear lot line which crosses the portion of the lot on which a building can be located.

A lot having road frontage less than 40 feet at the street line, and where access is provided by means of a narrow strip of land running from the street to the bulk of the lot.

A lot other than a corner lot.

The street right-of-way line at the front of a lot, except that:

The lot line opposite the front lot line. In the case of a waterfront lot line, the line opposite the waterfront shall be considered the rear lot line.

Any lot line other than a rear lot line or a front lot line.

A lot extending from one street frontage through to another street frontage or to a municipal off-street parking lot frontage.

The dimension of a lot measured from side lot line to side lot line along a line perpendicular to the average depth line of the lot at or beyond the required minimum front yard depth which is to be the location of the front line of the principal building and is commonly called the "building setback line," provided that rear yard requirements are met.

A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than 1/3 of the area of the room or space in which the level or levels are located.

A movable dwelling originally equipped with or having a vehicular chassis, whether or not provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration.

A building or other structure lawfully existing at the effective date of this chapter, or any amendment thereto affecting such building or structure, which does not conform to the dimensional regulations of this chapter for the district in which it is situated, irrespective of the use to which such a building or other structure is put.

Any lot lawfully existing in single and separate ownership at the effective date of this chapter, or any amendment thereto affecting such lot, which does not conform to the dimensional regulations of this chapter for the district in which it is situated. Subject to § 245-53G, if such lot shall thereafter be held in the same ownership as an adjoining parcel, it shall lose its status as a nonconforming lot, except to the extent that the lot created by the merger of the two parcels shall remain nonconforming in the same respect.

Any use of a building, structure, lot or land or part thereof lawfully existing at the effective date of this chapter, or any amendment thereto affecting such use, which does not conform to the use regulations of this chapter for the district in which it is situated.

Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, construction, subsurface disposal and urban runoff sources.

All land lying between the mean high-water level and the crest of the most seaward dune. In cases where there is no dune present, the ocean beach shall be all land lying between the mean high-water mark and the naturally occurring beach grass or the upland vegetation if no naturally occurring beach grass is present.

The Open Space Conservation and Park District referred to in Article II.

Includes active and passive public lands designated for park purposes by the Village, town, County of Suffolk, state or United States of America.

A specific use of a building or other structure, lot, or part of any of the foregoing which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use.

Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

A structure wholly or partially outdoors constructed on the ground consisting of a playing area of whatever composition used to engage in the game of pickleball. A backstop, if constructed, consisting of netting, fencing or similar material and designed to prevent the passage of play balls shall also be part of a pickleball court all of which shall not exceed overall dimensions of 30 feet by 60 feet.

A subdivision of land for the purpose of a planned residential development based on an overall development plan approved by the Planning Board in accordance with provisions of Chapter 190 of the Village Code and the provisions of this chapter.

The Board referred to as such in Article IX. Provided that no separate Planning Board is created by the Village Board under Village Law § 7-718, Subdivision 1, or exists at any time, the Village Board shall be the Planning Board, and any reference herein to the Planning Board shall mean the Village Board.[2]

The out-of-doors raising of landscape or ornamental plants for wholesale. No retail sale shall be permitted either as a principal or accessory use.

Public lands designated for recreational or athletic purposes by the Sagaponack School District, Village, town, County of Suffolk, state or United States of America.

A structure, or part thereof, which is designed or used for playing sports and consists of a playing surface. All associated netting, fencing, backstops, decks, slabs, patios, pavilions, pergolas, open-walled roofed structure and other improvements shall be considered part of the playing court. Tennis courts, handball courts, racquetball courts, volleyball courts, pickleball courts, basketball courts, ice rinks and other similar facilities shall be deemed included in this definition. A bocce court is not included.

Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

An accessory structure or a portion thereof customarily used in conjunction with a swimming pool. Interior plumbing fixtures shall be limited to sinks, water closet and indoor or outdoor shower. All plumbing fixtures shall drain to a sanitary system in a conforming location. The structure shall not contain a kitchen or cooking or sleeping facilities.

The use of a residential lot to keep up to a maximum of three horses without any commercial and/or business activity, including but not limited to riding lessons, boarding and the leasing of horses. If the site of the facility is larger than 120,000 square feet but less than 400,000 square feet, upon approval by the Planning Board, an additional horse may be permitted for every 30,000 square feet in excess of 120,000 square feet, provided that the applicant is bound by the provisions of Subsections C, D, E and J of § 245-62 of this chapter.

A use of a building or other structure, lot or part thereof which is not a permitted, special exception or accessory use.

Land development activity.

The replenishment of underground water reserves.

A structure used to store household equipment (including garden equipment, lawn furniture and bicycles) having a maximum gross floor area of 120 square feet with a height not greater than 12 feet. A residential storage shed shall have no external illumination.

Any establishment where horses are kept for riding or stabling for competition or incidental to the operation of any horseback riding club, association, ranch or similar establishment.

The visible land area outside the highway right-of-way and sometimes referred to as "the view from the road."

Anything man-made or planted vegetation that obstructs the view from the street.

Measures that prevent eroded sediment from leaving the site.

Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.

The distance which this chapter requires be maintained between a property line, natural feature (including edge of wetlands, dunes and bodies of water) or other described place or thing and the nearest point thereto of any building or other structure or other named improvement.

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.

A use for which the Planning Board[3] may grant a permit pursuant to the provisions of Article VII.

The use of practices that prevent exposed soil from eroding.

The State of New York.

An order issued which requires that all construction activity on a site be stopped.

Rainwater, surface runoff, snowmelt and drainage.

A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.

Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

Flow on the surface of the ground, resulting from precipitation.

That portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the room or space immediately below, it shall be deemed a story. A basement shall be deemed to be a story when the finished floor immediately above is three feet or more above the average elevation of the finished grade. An attic shall be deemed to be a story where it meets the requirements for habitable space.

Any federal, state, county, town or Village highway, road or street or any street located in whole or part in the Village shown upon a subdivision plat filed in the Suffolk County Clerk's office and any private road in the Village providing access to subdivided land existing prior to the adoption of this chapter.

The line between a lot and a street right-of-way.

Anything constructed or erected on, under or over the ground or upon a building or other structure or building, excluding walkways and driveways, provided that anything constructed thereunder or thereover shall not be excluded.

Any fish trap, gill net, holding net, oyster raft or similar structure expressly used for the catching or temporary holding of finfish or the raising of shellfish.

Any structure wholly or partially outdoors intended for swimming or recreational bathing that contains water over 24 inches deep designed or intended for the purpose of recreation, bathing or swimming and all appurtenant equipment, including in-ground, aboveground and on-ground swimming pools, hot tubs and spas.

A structure wholly or partially outdoors constructed on the ground consisting of a playing area of whatever composition used to engage in the game of tennis. A backstop, if constructed, consisting of netting, fencing or similar material and designed to prevent the passage of tennis balls shall also be part of a tennis court all of which shall not exceed dimensions of 60 feet by 120 feet.

The upland area along the shore of the Atlantic Ocean and bodies of water in the Village where flooding is anticipated during a standard project design hurricane, including wind setup and wave run-up factors, as set forth in this chapter and approximately as determined by the Corps of Engineers in its Interim Hurricane Study, Atlantic Coast of Long Island, New York, Jones Inlet to Montauk Point (Remaining Areas), dated December 1965, and as set forth on the Flood Insurance Rate Map relating to land in the Village prepared by the Federal Emergency Management Agency, as may be amended from time to time.

All those areas within the Village customarily inundated regularly or intermittently by normal tidal cycles and/or peak lunar tides, including salt marshes, which shall be presumed to be those areas upon which some, but not necessarily all, of the following grow or are capable of growing: salt hay (Spartina patens), spike-grass (Distichlis spicata), black grass (Juncus gerardi), cordgrass (Spartina alterniflora), saltworts (Salicornia species), sea lavender (Limonium carolinanus), salt-marsh bulrushes (Scripus species), sand spurrey (Spergularia marina), high tide bush (Baccharis halimifolia), marsh-elder (Iva frutescens), cattails (Typha species) and spike rush (Eleocharis rostellata).

The Town of Southampton.

The Town Board of the Town of Southampton.

Trustees of the Freeholders and Commonality of the Town of Southampton.

An individual who is not an owner or a permitted tenant of a dwelling in the Village.

An exception to a requirement of this chapter granted by the ZBA.

Any motor vehicle as defined by § 125 of the State Vehicle and Traffic Law.

The Village of Sagaponack.

The Board of Trustees of the Village.

All of the laws of the Village, including this Zoning Code.

A solid structure greater than one foot high made of wood, stone or some other material or combination thereof intended for defense, security, screening, limitation of access, enclosure or for the retention of earth, stone, water, fill or other materials, including all manner of retaining walls and bulkheads. A fence greater than four feet in height of any design or a stockade or other similar fence which is opaque or essentially opaque to light, air or flowing surface water shall be deemed to be a wall.

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

A channel that directs surface runoff to a watercourse or to the public storm drain.

An accessory structure designed and constructed or erected for the purpose of converting wind energy into mechanical or electrical power.

Subject to § 245-41, an open space on the same lot with a building, situated between the nearest roofed portion of the principal building on, and the front lot line of, the lot and extending from side lot line to side lot line in the case of interior lots. A corner lot shall have two such front yards situated between the nearest roofed portion of the principal building and the front lot line along each street on which the street fronts.

A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the rear lot line of the lot and extending from side lot line to side lot line.

A yard as required by this chapter or as may be legally existing on the effective date of this chapter.

A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the side lot line of the lot and extending through from the front yard or from the front lot line, where no front yard exists, to the rear yard or to the rear lot line where no rear yard exists.

The Board referred to as such in Article XI.

This chapter, as amended.

The official map adopted by the Village Board.