Sagaponack City Zoning Code
ARTICLE II
Districts
§ 245-5 Zoning districts established. [1]
For the purposes of this chapter, the Village is hereby divided into the following zoning districts as shown on the map hereby adopted.[2] Said map may be amended by the Village Board by local law without the necessity to amend any other provision, part or section of this chapter. The boundaries of all zones shall be as depicted on the Zoning District Map. District boundary lines shown on said map as streets or rights-of-way shall be deemed to coincide with the center lines of the same.
§ 245-6 Use and dimensional tables.
A.
There are hereby authorized to be created for each of the classes of zoning districts established in § 245-5 hereof one use table and one dimensional table. Said tables shall set forth in matrix form the permitted, special permitted and special exception uses in each individual use district and the dimensional requirements for lots, buildings or other structures and uses in each such district, respectively. Said tables are hereby adopted, incorporated herein as § 245-32 of this chapter and declared to be a part hereof. Any table may consist of more than one sheet and from time to time may be amended by the Village Board by local law without the necessity to amend any other provision, part or section of this chapter.
B.
The failure of land to be listed on the Table of Uses Regulations shall mean that the use is prohibited and unlawful in the use district to which the table applies.
§ 245-7 Residence districts.
[Amended 1-14-2008 by L.L. No. 2-2008]
A.
Within any residence district, the number of uses shall not exceed one or agriculture plus one other use. Such uses shall also comply with all other applicable provisions of this chapter.
B.
Notwithstanding any provision of this chapter to the contrary, within any residence district (R-40, R-80 or R-120) a lot shall not be occupied by more than one single-family detached dwelling.
C.
Every building or other structure, lot or land shall be utilized only in accordance with the provisions of the Table of Use Regulations and Table of Dimensional Regulations.
D.
Use or occupancy of a dwelling by successive unrelated persons claiming co-ownership by means of a multi-member limited liability company or other entity is prohibited within any residence district and in no event shall be deemed use or occupancy by a family.
[Added 2-16-2022 by L.L. No. 1-2022]
§ 245-8 Open Space Conservation and Park District.
The Open Space Conservation and Park District (OSC) shall include land in public and private ownership used for golf courses, tennis courts, nature preserves, hunting, parks, recreational areas and beach areas, provided that land in private ownership shall only be included in the OSC where approval for such designation is requested of the Village Board, in writing, by the fee owner. No buildings or other structures shall be allowed in the OSC, except buildings and other structures customarily related to park uses by special exception and subject to a site plan review and approval by the Planning Board and AHRB of the location of buildings, structures, driveways, parking areas, landscaping, fencing, drainage facilities and pavement specifications and approval by the Suffolk County Department of Health.
§ 245-9 Overlay districts established.
A.
For the purpose of applying additional uniform land use regulations to specific categories of land sharing certain important characteristics, the Village contains the following overlay districts:
§ 245-10 Tidal Wetlands and Ocean Beach Overlay District.
The tidal wetlands and ocean beach of the Village are a unique geographic environment that contribute to an ecological system necessary to propagate the finfish and shellfish essential as a source of food and as a basis for the economic vitality of the fishery industry and recreational fishing; further, they provide the natural habitat for migratory waterfowl along the eastern seaboard's international flyway and are fundamental to the scenic character and recreational potential that support both the tourist and recreational economies as well as the year-round enjoyment the Village. Therefore, the Village enacts this section as a matter of public policy, recognizing the extremely insecure status of these valuable natural resources, particularly in a time of rapid technological progress and urbanization, their limited suitability for development and the interest of all its people in these geographic areas, especially as established in the Dongan Patent and in other subsequent public acts, particularly with regard to the title to all such lands below the high-water mark, and designates those specific areas as the Tidal Wetlands and Ocean Beach Overlay Districts and sets forth the following provisions which shall apply to these overlay districts in addition to other provisions of the Village Code to assure the conservation of these natural resources and their ecological systems for the enjoyment of all people of the Village and to provide appropriate guidance for growth development as well as to promote the health, safety and the general welfare of the Village.
A.
Tidal wetlands.
(1)
No building shall be constructed or maintained on or in a tidal wetland.
(2)
No structure or floating facility, including regular or permanent moorings, shall be constructed, maintained or used for living quarters on or in a tidal wetland, except:
(a)
As a permitted accessory use to an adjoining on-shore lot, a governmental facility or other facility if found necessary to protect the natural environment from excessive erosion, silting or an imbalance in the ecological system of the tidal wetlands, after approval by the appropriate public agencies, the Town Trustees and the Village; and
(b)
For a fishing structure, duck blind and permanent mooring established in approved areas by the Town Trustees.
(3)
A private landowner who presents to the Village a claim to title of lands within a tidal wetland area shall consent to inspection of such lands by the Village Board and Town Trustees so that such tests and investigations as may be considered appropriate by the Village Board and Town Trustees may be made. The Village Board and Town Trustees shall establish whether or not such a title is satisfactory within 120 days of receipt of such claim. Where such title is determined to be satisfactory, such a private landowner may fill not more than 10% of the required minimum lot area in the applicable upland district in which such property is located for a building site, provided that:
(4)
Channel construction in the tidal wetlands shall be limited to only such channels as are necessary to provide minimum boat access to contiguous upland areas and then only if no suitable substitute structure can be used for such access that would have a lesser impact on the ecological system of the tidal wetlands as established by the Town Trustees. No such facility shall be designed or used for any purpose incompatible with the Comprehensive Plan.
(5)
Bulkheads shall be prohibited in all tidal wetlands except when approved by the Village Board to protect the natural environment from excessive erosion, silting or an imbalance in the ecological system of the tidal wetlands after approval by the appropriate public agencies, the Town Trustees and the Village Board.
B.
Ocean Beach Overlay District.
(1)
On the ocean beach water frontage, all new and replaced buildings and structures shall be set back from the crest of any and all ocean beach dunes in accordance with the regulations set forth in the Coastal Erosion Hazard Act local law,[1] and, in the case of shallow lots wherein such setback could not be accomplished without reduction of the required front yard setback measured from an existing street paralleling the ocean, the required front yard setback may be shortened as set forth in § 245-61A, and an accessory building or other structures may be placed in that portion of a front yard not deemed to be the minimum required front yard established by such relief.
(2)
On all other water frontages, except as provided in this section, the setback restrictions for all buildings or other structures shall be in accordance with the requirements set forth in the Coastal Erosion Hazard Act local law, and shall have the approval of all other public agencies having jurisdiction.
(3)
On the ocean beach water frontage where no discernible ocean beach dunes can be found and used as reference to establish the minimum shoreward setback as required in this section, an application for a building permit shall be processed as a special exception use and shall be subject to such conditions as may be required by the Planning Board.
(4)
No building or other structure or floating facility shall be maintained or used on the public ocean beach, except when found necessary and approved by the appropriate public agencies in order to protect the natural environment from excessive erosion or silting or for another public purpose.
(5)
Excavation, regrading or any disturbance of the natural crest of the dune on the ocean beach is prohibited except in accordance with a beach protection policy or protective works program approved by the Village Board and the Town Trustees.
(6)
A private landowner shall not construct any building or other structure on the ocean beach, except that one access walkway may be constructed over the crest of the dune, provided that it does not exceed four feet in width and is constructed on posts. The surface elevation of the walkway steps and any intermediate landings over the first rank or southerly dune to the ocean beach shall be elevated to a minimum height of three feet above the crest of the dune.
(7)
The Coastal Erosion Hazard Act local law defines the ocean beach area along the Atlantic Ocean shoreline of the Village and contains regulations governing, inter alia, yards, setbacks from dune crests, native vegetation and clearing and site disturbance and supersedes any conflicting requirements of this chapter.
§ 245-11 Tidal Floodplain Overlay District.
A.
Purpose. Since the recorded history of Atlantic coastal storms and hurricanes establishes the fact that flooding of the ocean beach (and uplands) can be anticipated with consequent danger to life and health as well as property damage and other related hazards, and whereas the Corps of Engineers has analyzed this recorded history and established the flood stages related to a standard project design hurricane appropriate for the planning of necessary protective measures or for minimizing the dangers, damage and related hazards in connection with the flood stages in the absence of such protective measures, the Village hereby establishes a Tidal Floodplain Overlay District in accordance with and as identified by the Federal Emergency Management Agency (FEMA), as set forth in Chapter 88 of the Village Code, to minimize the dangers, damage and related hazards resulting from such storms and to promote the health, safety and the general welfare of the Village.
B.
Construction and subdivisions. All proposed construction and subdivisions (minor or major) within the Tidal Floodplain Overlay District shall be reviewed and approved by the appropriate governmental agencies having jurisdiction over tidal floodplains prior to the issuance of a building permit or approval of a subdivision by the Planning Board.
§ 245-12 Agricultural Overlay District.
A.
Purpose. Since the land areas characterized by the Bridgehampton and Haven Soil Associations are among the most productive soils in the state and since those areas in the Village have been found to have a high economic viability, producing on a very limited area a disproportionately large share of the total value of agricultural produce sold in the state, they constitute a highly significant agricultural and economic resource in both the Village and the state. In addition, these areas provide the open rural land use environment so highly valued by those persons who support the Village's recreational and resort economy, as well as by year-round residents. Yet, despite these values, it is found that growing economic and development pressures threaten to destroy this important resource. Therefore, as a matter of public policy, the Village designates all these certain land areas in the Village lying within the Agricultural Overlay District in order to encourage and to make economically feasible the preservation of these lands for agricultural purposes.[1]
B.
General regulations. In addition to any other provisions of this chapter applying to them, all lots, buildings and other structures in the Agricultural Overlay District shall be subject to the following:
(1)
Architectural and Historic Review Board. On any property wholly or partly within the Agricultural Overlay District, the AHRB shall have jurisdiction to approve permits for the demolition, construction or additions to buildings, structures and signs as provided in Article X of this chapter.
(2)
Subdivision. No lot wholly or partly in the Agricultural Overlay District shall be subdivided, either by major or minor subdivision, unless the subdivision is conditioned on or results in preservation of open space at least as follows: in an R-40 District, 35%; in an R-80 District, 50%; and in an R-120 District, 65%, and as provided for in Chapter 190, Subdivision of Land, of the Village Code. This subsection shall not be construed to limit the applicability of Chapter 190 to any other lot or land outside of the Agricultural Overlay District.[2]
(3)
Soil conservation. Except as part of a construction project for which all approvals required to be obtained under this Code have been granted, no Class I or Class II agricultural soil located on any lot wholly or partly within the Agricultural Overlay District shall be removed from such lot.
C.
Farmlands preservation program; lands preserved by agricultural easement or Suffolk County purchase.
(1)
Acquisition of development rights or easements via subdivision or site plan procedure. No building or other structures of any kind whatsoever shall be permitted to be erected or maintained on lands which have been preserved for agricultural purposes as a condition of subdivision or site plan approval by grant of easement, covenant, deed of development rights, lease or other property interest granted to the Village and/or the Town, except those buildings or other structures that may be permitted by the Village Planning Board where special exception permission and/or site plan approval is necessary.
(2)
Suffolk County purchase of development rights program. No building or other structures, of any kind whatsoever, shall be permitted to be erected or maintained on lands which have been preserved for agricultural purposes as a condition of the sale of development rights to the County of Suffolk, except those buildings or other structures that may be permitted by the Suffolk County Farmland Committee and, if applicable, the Village Planning Board where special exception permission and/or site plan review is necessary.
(3)
Subsequent to transfer of development rights, no building or other structures of any kind whatsoever shall be permitted to be erected or maintained except as specifically set forth in this subsection.
(a)
Waiver letter. The Planning Board shall be empowered to authorize construction by the issuance of a waiver letter for the following specified items:
(4)
Construction permit. A permit for the construction of an agricultural building or other structure defined in this chapter may be granted by the Planning Board after site review in accordance with the following procedure. An application for a construction permit shall be filed with the Planning Board and shall be processed in accordance with the same procedural and submission requirements for site plan review pursuant to Article VIII of this chapter. Where applicable, the Planning Board shall combine an application for a construction permit with an application for special exception permission pursuant to Article VII of this chapter.
§ 245-13 Agricultural Planned Development Districts.
A.
Findings and purpose.
(1)
It has been found and determined by the Village Board that there exist in the Village vast but diminishing natural resources and tracts of land deserving of preservation and maintenance for this and future generations. The purpose of this section is to encourage the preservation of open land for this and future generations and the protection of farming and the business of farming in the Village. The importance of agriculture as both a vital local economic base and as a land form that provides the Village with much of its rural, rustic character and charm has been recognized throughout the Comprehensive Plan and regulatory mechanisms provided in the Code. The Village Board also acknowledges that the impact of all regulatory mechanisms must be balanced against maintaining the farm owner's equity in order to preserve the vitality of the agricultural industry.
(2)
To continue farming as a viable family business, the Village's farm families must engage in frequent, if not constant, review of all available short- and long-term planning options. These options include agricultural tax abatement programs, land preservation programs offered by private conservation organizations, the town, county and/or state, subdivision and other sophisticated estate-planning techniques.
(3)
The Comprehensive Plan recommends a number of strategies to preserve a maximum amount of the remaining agricultural land base while also maximizing the potential for agricultural use. It is the intent of this section to provide a system of zoning incentives and bonuses to achieve these goals as well as to encourage the preservation of at least 80% of the remaining farmland within the Village for agricultural production.
(4)
The Agricultural Planned Development District (AGPDD) program allows for a farm owner to enter into an agricultural easement under which the land will remain in agricultural production, as defined by § 301 of the Agricultural and Markets Law, for a minimum of 10 years. During this period while the easement remains in effect:
B.
Existing Agricultural Planned Development Districts. There currently exist two Agricultural Planned Development Districts in the Village, named "One Potato Agricultural PDD" and "Two Potato Agricultural PDD," identified on the Zoning Map and the metes and bounds description. The easement terms and conditions relating to these two Agricultural Planned Development Districts are contained in easements and ancillary documentation filed with the Village Clerk.
C.
Planning and zoning approval.
(1)
The Village Board may rezone land from that of the underlying zoning district to an AGPDD subject to an approved easement upon written application of the landowner and the consent and all required approvals of the Town Board under Article 16 of the State Town Law.
(2)
The policy of the Village of Sagaponack if to work cooperatively with the Town of Southampton and each of its agencies, including the Town Board, and all property owners with an interest in establishing any form of agricultural easement enabling the continuation of agricultural use and avoiding the development of the property for nonagricultural uses. Absent available funding under Village control, the implementation of this policy of necessity shall be on an ad hoc basis; the Board of Trustees shall work cooperatively upon the application of any property owner with the Town Board so as to advance the above-described planning objectives.