Southampton City Zoning Code
ARTICLE XVII
Special Exception Uses
§ 330-120 Delegation of authority.
The Planning Board is hereby authorized to act on proposed special exception uses which are specifically provided for in this chapter. Such action may include approval, conditional approval or disapproval based on the standards set forth in this chapter.
§ 330-121 General procedure and conditions.
A.
The Planning Board may adopt and file in the Town Clerk's office such rules of procedure as it may deem necessary to the proper exercise of its responsibilities with respect to special exception uses.
B.
Prior to taking action on any special exception use, the Planning Board shall hold a public hearing after public notice, as provided in the case of an application for site plan approval pursuant to § 274-a, Subdivision 2, of the Town Law of the State of New York, by publication at least 10 days prior to the hearing in the official newspaper of the Town. Where a project is a special exception use and requires site plan approval, the Planning Board may hold one hearing for both applications. Any hearing to be held pursuant to the State Environmental Quality Review Act[1] may also be incorporated into said hearing.
[Amended 5-12-1992 by L.L. No. 20-1992; 5-22-2007 by L.L. No. 27-2007]
(1)
In addition, for all applications for a special exception submitted on or after the effective date of this amendment, the applicant shall erect or cause to be erected a sign which shall be displayed on the parcel upon which the application is made, facing each public street to which the property abuts, giving notice that an application has been made to the Southampton Town Planning Board for site plan approval along with the time and place of the hearing. The sign shall not be located more than 10 feet from the street line and shall not be less than two feet nor more than six feet above the natural grade at the street line. The sign shall be furnished by the Planning Board and shall be the only sign to be used. The sign shall be displayed not less than 10 days immediately preceding the public hearing or any adjournment date. The applicant shall file an affidavit with the Planning Board that he/she has complied with the provisions of this section prior to the opening of the public hearing.
(2)
Additionally, for all applications submitted on or after the effective date of this amendment, the applicant shall mail notice of the public hearing date, at least 10 days prior thereto, to every property owner, as shown on the current Town of Southampton assessment rolls, of parcels abutting and/or directly opposite (by way of extension of lot lines through the street right-of-way) the property which is the subject of the public hearing. Such notice shall be by either certified or registered mail, return receipt requested. Proof of such notice shall consist of a copy of the assessment roles, the return receipts, and an affidavit attesting to compliance with this mailing notification. Such proof shall be submitted to the Planning Board prior to the public hearing. No additional mailing shall be required for an adjournment.
[Amended 1-22-2008 by L.L. No. 6-2008]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
C.
All matters which are the subject of mandatory referral or notice to other agencies as set forth in the enabling statutes and in this chapter shall be transmitted to the appropriate agencies by the Planning Board in accordance with the provisions of those sections.
D.
The Planning Board shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Board shall also keep records of examinations and official actions, all of which shall be immediately filed in the office of the Planning Board and shall be a public record. Each decision of the Planning Board with respect to the approval of a special exception use shall be so stated and documented as to provide a definitive authorization to the Building Inspector for issuing a building permit or certificate occupancy.
E.
A special exception authorization by the Planning Board for the issuance of a building permit shall expire within 90 days of such authorization in the event that such permit shall not be applied for within such ninety-day period. Extension of such authorization may be granted by the Planning Board for additional ninety-day periods.
F.
A special exception use for which a building permit is authorized by the Planning Board pursuant to the provisions of this section shall be construed to be a conforming use.
G.
Any violation of the limitations or special conditions and safeguards established by the Planning Board with respect to a specific authorization for a special exception use shall be deemed a violation of this chapter punishable under the provisions of § 330-186.
H.
A fee schedule shall be established, and changed as needed, by resolution of the Southampton Town Board. A copy of the fee schedule is on file with the Town Clerk’s office and the Department of Land Management.
[Amended 4-14-1992 by L.L. No. 8-1992; 6-12-2001 by L.L. No. 20-2001; 1-27-2004 by L.L. No. 2-2004]
§ 330-122 General standards.
For every such special exception use, the Planning Board shall determine that:
A.
Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 330-3.
B.
The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
C.
The proposed use will not prevent the orderly and reasonable use of adjacent properties, particularly where they are in a different district.
D.
The site is particularly suitable for the location of such use in the Town.
E.
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.
F.
The proposed use, particularly in the case of a nonnuisance industry, conforms to this chapter definition of the special exception use where such definition exists or with the generally accepted definition of such use where it does not exist in this chapter.
G.
Access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion; and, further, that 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.
H.
All proposed curb cuts have been approved by the street or highway agency which has jurisdiction.
I.
There are off-street parking and truck loading spaces at least in the number required by the provisions of §§ 330-92 through 330-101, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors; and, further, that the layout of the spaces and driveways is convenient and conducive to safe operation.
J.
Adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.
K.
Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
L.
No outdoor sales lot, rental equipment storage or display area will be permitted in the required front yard area of any business district, except that in the HB District such uses may be permitted in the required front yard, provided that they are set back 50 feet from the front property lines.
M.
The proposed use recognizes and provides for the further specific conditions and safeguards required for particular uses in this article.
§ 330-123 Meeting of special conditions and safeguards required.
[Amended 6-12-2001 by L.L. No. 22-2001]
A.
No authorization for a building permit shall be granted by the Planning Board for any use listed in this section unless the Board shall specifically find that, in addition to meeting all of the general standards set forth in § 330-122, the proposed special exception use also meets the special conditions and safeguards in this section.
B.
Any deviation from the special conditions and safeguards in this section shall be prohibited and can only be treated as a use variance by the Zoning Board of Appeals.
§ 330-124 Automobile laundry.
A.
The lot area shall be not less than 40,000 square feet nor shall it have a frontage of less than 150 feet along a secondary highway.
B.
In the event that the site of a proposed automobile laundry is within 500 feet of a church, school, library, playground or similar place of public assembly, the Planning Board shall find the following:
[Amended 3-9-1993 by L.L. No. 8-1993; 1-25-1994 by L.L. No. 5-1994]
(1)
That the design incorporates measures so that the traffic generated by the proposed facility will have no adverse impact upon the foregoing uses.
(2)
That the design incorporates measures so that the facility will not generate noise that will adversely affect the foregoing uses.
(3)
That the design incorporates measures so that the proposed facility will not adversely affect the safety of users of the foregoing uses.
C.
Storage area for vehicles waiting for service shall be provided on the site and shall not occur on a public street or highway. Not more than five motor vehicles shall be stored outdoors overnight.
D.
An automobile laundry shall not provide services other than washing, waxing, simonizing or similar treatment.
E.
Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rental or display of automobiles, trailers, mobile homes, boats or other vehicles.
F.
Water used in the washing process shall be recycled, and the overall facility shall be designed, located and operated to protect the groundwater reservoir from pollution.
§ 330-125 Beach club, nonprofit.
A.
The lot area shall be not less than two acres nor shall there be less than two linear feet of beach frontage for each individual member.
B.
A beach club shall not provide dwelling units or any other residence facility in excess of the number of dwelling units that would be permitted on the site through the regular application of this chapter.
C.
All intensive outdoor activities shall be so located on the property with reference to surrounding properties that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.
D.
Outdoor lighting shall not project light onto nor shall light sources be visible from neighboring properties. No outdoor light source shall be more than 10 feet above the ground level underneath it.
E.
There shall be no outdoor public-address or music system.
F.
Beach club activities shall not include a nightclub.
G.
Provisions shall be made for proper sanitary waste disposal and water supply facilities in conformance with the requirements of municipality and the Suffolk County Health Department and shall be designed to protect the groundwater reservoir from pollution, saltwater intrusion or excessive demand detrimental to the environment and neighboring properties.
H.
All parking of vehicles shall be provided for off the street in appropriate off-street parking areas sufficient to meet the needs of the membership and their guests.
I.
Signs shall be limited to one announcement sign, not over 12 square feet in area, which may either be attached to a building wall or be a ground sign as provided in § 330-86B.
J.
No food or beverage shall be served in any dining room or on any part of the grounds of such club between the hours of 9:00 p.m. and the following 9:00 a.m., except on Friday, Saturday and Sunday nights and on nights preceding holidays when the closing hour shall be 1:00 a.m., except that on Sunday nights it shall be 10:00 p.m.
§ 330-126 Boatyard.
A.
All minor and major repairs to recreational boats and commercial fishing vessels may be provided if such major repair services shall not be deemed be incompatible with the use of adjoining properties.
B.
Outdoor storage of boats may be permitted.
C.
Commercial fishing, dockage, warehousing, outdoor storage and similar accessory uses may be permitted in connection with a boatyard, provided that such uses are located at least 50 feet from any residential district and provided that such use will not be deemed to be incompatible with the use of adjoining properties.
D.
In addition, all requirements listed for a marina shall also apply to a boatyard.
§ 330-127 Bus passenger shelter.
A.
The shelter shall be located to permit ample room for the bus to conveniently leave the traveled roadway to pick up or discharge passengers.
B.
The design shall be harmonious with adjacent properties.
C.
Such structure shall have no more than one announcement sign, such sign not exceeding two square feet in area.
§ 330-128 Church or similar place of worship or religious instruction.
A.
The lot area shall be not less than two acres, nor shall it have a frontage of less than 200 feet along a collector street or secondary highway.
B.
All buildings and structures shall be at least 50 feet from any lot line, except that in no case shall it have less than the required yard in the district in which it is located.
C.
Lot coverage shall not exceed 20% or the maximum percentage permitted in the applicable district, whichever is less.
D.
Off-street parking shall not be located in any required side or front yard applicable to permitted uses in the district nor within 20 feet of any lot line in a required rear yard applicable to permitted uses in the district.
§ 330-129 Highway business uses with buildings or building complexes greater than 15,000 square feet. [1]
[Added 8-13-2002 by L.L. No. 35-2002]
For highway business uses with buildings or building complexes greater than 15,000 square feet:
A.
A traffic impact analysis shall be submitted which determines that the existing roadway network in the area of the proposed development will be able to handle the existing through traffic plus the additional traffic that the development will generate.
B.
Design of the subject building or buildings shall be consistent with the scale and character of the structures which have been historically developed within the Town. The following are design guidelines to be utilized in the design of the subject buildings:
(1)
Roof type:
(a)
No flat roofs.
(b)
The two roof types that are predominantly encouraged in the Town are gable and hip.
(c)
Given that there are a few examples of gambrel- and mansard-roofed structures within the Town, their proliferation is not encouraged; however, limited use of these roof types may be permitted to lend variety.
(2)
Roof massing: Single-roof type is not encouraged for structures more than 5,000 square feet. Larger buildings shall have a more complex roof design which consists of the main roof with lower, intersecting secondary roof types, except for agricultural greenhouses.
(3)
Roof pitch:
(a)
Gable roofs below 7:12 are prohibited.
(b)
Hip roofs shall be 4:12 to 9:12.
(d)
Mansard roofs shall be a maximum of eight feet in height and shall be designed in proportion to the size of the facade below. The roof shall step in from the eave to the top of the mansard one to two feet. This does not apply to agricultural greenhouses.
[1]
Editor's Note: Former § 330-129, College or university, was repealed 12-22-1992 by L.L. No. 54-1992.
§ 330-130 Conversion of existing one-family detached dwelling for two families.
[Amended 10-23-2001 by L.L. No. 42-2001]
A conversion of an existing one-family detached dwelling for use as a two-family dwelling shall only be permitted where the lot area and floor area are double that required for each family in the applicable district and where the proposed dwelling also complies with all other applicable requirements of this chapter. The Planning Board may approve the conversion of an existing one-family dwelling on a parcel with a lot area greater than 1 1/2 times the minimum lot size of the applicable zoning district, provided that at least one development right or PBC is transferred to the site.
§ 330-131 Drive-through establishments.
[Amended 10-23-1990 by L.L. No. 27-1990; 10-6-2000 by L.L. No. 15-2000; 2-25-2003 by L.L. No. 13-2003]
A.
Only one point of ingress and one point of egress, or one point of combined ingress and egress, shall be provided per street or common driveway frontage for each drive-through establishment. Where the point of ingress is provided separately from the point of egress on the same street or common driveway frontage, such points of access shall be separated by a minimum distance of 100 feet, measured from the center line of each point of access at the streetline.
B.
The width of a curb cut from a street or common driveway for each point of access into a drive-through establishment shall only be as wide as necessary to accommodate the turning movements of service, delivery or emergency vehicles and, where applicable, shall be angled to provide safe and convenient turning movements, while discouraging illegal turning movements.
C.
On-site circulation may be one-way or two-way. However, circulation for a drive-through establishment shall be in a one-way counterclockwise direction so as to permit the driver's side to be adjacent to the service window. On that side of a building that accommodates the drive-through service windows, traffic circulation shall be one-way only.
D.
The width of a drive-through lane shall be at least 12 feet. Each stacking space within the drive-through lane shall be a minimum length of 20 feet. No stacking space, when occupied, shall prevent vehicles in designated parking spaces from turning into or backing out of a parking space, nor prohibit or inhibit vehicles from making turns or movements within the site. No portion of the designated drive-through lane, including the required stacking spaces within it, shall be utilized for or counted towards the minimum width necessary to provide a driveway or driveway aisle for any parking space provided adjacent to, parallel to or perpendicular to the drive-through lane.
E.
An additional traffic lane shall be provided adjacent to and along the full width of the outermost drive-through stacking lane, to permit vehicles to leave the stacking lane and circulate around the site. The width of the additional traffic lane shall also be a minimum of 12 feet in width. The width of the additional lane may also be utilized for and counted towards the minimum width necessary to provide a driveway or driveway aisle for any parking space provided adjacent, parallel or perpendicular to the drive-through stacking lane. To the extent that the drive-through stacking lane and the additional traffic lane adjacent to it curves around the rear of the building in which the service window is provided, such lanes shall be set back at least 25 feet from the rear wall of the building.
F.
The on-site circulation system for a drive-through establishment shall provide for safe, convenient and free-flowing traffic circulation and shall avoid points of conflicting turning movements, the flow of two-way traffic lanes into a one-way lane coming in the opposite direction, sudden stops or requiring the sudden merging of traffic. These principles shall apply not only to automobile traffic movements but also to service delivery and unloading operations, to garbage pickup, and for other landscaping, maintenance, street cleaning and emergency vehicles.
G.
Where more than one service window is provided for a drive-through establishment, such service windows shall be located on the same side of the building. Where more than one window is utilized for each transaction, such as ordering, payment and pickup, such windows shall be separated by a distance of at least 40 feet so as to allow one vehicle to stack between the vehicles located at each service window.
H.
Ordering payment and pickup shall take place at service facilities only. One sign, no more than 32 square feet, shall be permitted.
I.
No drive-through or drive-in facility shall be permitted in the front yard or in the case of a corner lot, in the side yard adjacent to a public street.
§ 330-131.1 Restaurants, fast-food.
[Added 10-6-2000 by L.L. No. 15-2000]
A.
For fast-food restaurant sites which front on or have access via a common driveway to either a state or county road, no point of ingress directly into the site or to a common driveway providing access to the fast-food restaurant shall be located closer than 100 feet to any intersection with a public or private road. No point of egress directly from a fast-food restaurant site or from a common driveway providing access to a fast-food restaurant shall be located closer than 200 feet to the intersection of such state or county road with a public or private road. No point of ingress or egress from a fast-food restaurant shall be closer than 75 feet to a driveway on an adjacent lot or site. No point of access into or out of a fast-food restaurant site or common driveway providing access to a fast-food restaurant site shall be located within 1,000 feet of a point of access or common driveway providing access to another fast-food restaurant site, measured from the center lines of such access driveways.
B.
Where applicable and warranted for reasons of traffic safety, left-hand-turn stacking lanes and right-hand-turn deceleration or acceleration lanes shall be provided on state, county or local roads, and such improvements shall be paid for by the applicant of the fast-food restaurant. All necessary permits shall be obtained by and paid for by the applicant.
C.
The number of parking spaces as per the schedule in § 330-95 shall be provided. In addition, parking spaces shall be provided in sufficient size and number to accommodate over-size vehicles or vehicles with trailers. At least one parking space for a school bus shall be provided with a minimum of 12 feet wide by 30 feet in length with a height clearance of 14 feet. Where applicable and deemed necessary by the Planning Board, additional bus parking spaces shall be provided.
D.
No parking shall be permitted in the front yard of a fast-food restaurant. On a corner lot, parking may be permitted in the yard which faces the secondary street or common driveway but shall be set back from such street or common driveway by a minimum of 40 feet.
E.
For fast-food restaurants which do not have a drive-through window, the use of shared driveways, shared parking or off-street parking on a separate parcel, and cross-access agreements with other uses located on the same site or adjacent sites or lots, is encouraged, provided that the applicant can demonstrate that such shared arrangements will result in a more efficient layout and use of land, that on-site circulation is improved by such an arrangement, and that the provisions of § 330-100 of the Zoning Code, as applicable, can be met.
F.
The on-site circulation system provided for a fast-food restaurant shall provide for safe, convenient and free-flowing traffic circulation and shall avoid points of conflicting turning movements, the flow of two-way traffic lanes into a one-way lane coming in the opposite direction, sudden stops or requiring sudden merging of traffic. These principles shall apply not only to automobile traffic movements but also to service delivery and unloading operations, to garbage pickup and for other landscaping, maintenance, street cleaning and emergency vehicles.
G.
Pedestrian crosswalks shall be provided within parking lots to provide access from the parking lot to the entrances of the fast-food restaurant. Such pedestrian crosswalks shall utilize a paving material different from that of parking and driveway aisles (such as pressed colored concrete or brick pavers) and shall not be used or counted as parking spaces. Such pedestrian crosswalks shall be located to the rear and sides of the building adjacent to which parking is provided. Such pedestrian crosswalks shall be a minimum of six feet in width and shall provide ramping to permit wheelchair and stroller accessibility.
H.
In addition, pedestrian walkways or sidewalks shall be provided elsewhere within the site to facilitate pedestrian movement and, where applicable, connect with sidewalks or pedestrian walkways for uses on the same site or on adjacent sites or lots.
I.
Parking areas and vehicular and pedestrian circulation areas shall be lit as required by § 330-99B(2) of the Zoning Code. However, these areas shall be lit at night only to the extent necessary to provide safe and convenient vehicular and pedestrian circulation when the restaurant is open and shall be switched off 1/2 hour after closing and may not be turned on until 1/2 hour prior to opening.
J.
All service areas, such as unloading operations and garbage pickup, mechanical equipment and such facilities as packer units, RZP valves, LP tanks, transformers, condensers, heating, ventilating and air conditioner units, etc., shall be screened from streets and common driveways and adjacent properties by means of opaque screening in the form of fencing, plantings or berms, or a combination thereof, to a height of at least six feet.
K.
A row of shrubs or other landscape material which is no less than 2 1/2 feet and no more than three feet in height shall be provided along the outside perimeter of all parking and on-site circulation areas. However, such landscaping shall not block sight lines within the site. No outdoor storage of any kind, whether temporary or permanent, and whether screened or not, shall be permitted.
L.
All garbage and refuse emanating from the fast-food restaurant shall be stored in facilities within the main building. No accessory structures or buildings, whether screened or enclosed, shall be provided for such purposes. In addition, no walk-in freezer units shall be placed in accessory structures or buildings.
M.
No outdoor seating areas, and no outdoor or indoor playlands or playgrounds, shall be provided in conjunction with or accessory to a fast-food restaurant.
N.
No lighting shall be placed on the roof, nor shall any roof be lit directly or indirectly by externally mounted lights.
O.
No fast-food restaurant shall be open before 6:00 a.m. on any day nor close after 11:00 p.m. on weekdays and 12:00 midnight on weekends or holidays.
P.
Service deliveries and any loading or unloading operation shall only occur between 6:00 a.m. and 6:00 p.m.
Q.
Garbage pickup shall not be provided prior to 7:00 a.m. on weekdays and 8:00 a.m. on weekends or holidays.
R.
No outdoor speakers, nor any outdoor music or public address system, shall be provided.
S.
No fast-food restaurant shall be permitted on a flagpole lot.
T.
The overall appearance and layout of the fast-food restaurant, including both the building and the site, and the operation thereof, shall be designed to be in conformity with the character of the community in which it is located. Generic and standard architectural design derivatives of national or regional chains shall not be permitted. Architectural design, including the use of facade materials, roof materials, window and door treatments, lighting, landscaping and signage, shall be reflective of and harmonious with the vernacular architecture of the particular hamlet in which the fast-food restaurant is located.
U.
No more than 50% of a site or lot devoted to a fast-food restaurant shall be covered by buildings, paving or other impervious surfaces. All nonimpervious areas of the site shall be landscaped or otherwise vegetated by means of lawn, ground cover, shrubs, trees and other plantings. However, as much of the natural and existing ground-cover shall be preserved. Plantings shall be native vegetative species, not ornamental, and shall be such species that require little irrigation or watering.
V.
Notwithstanding the regulations in Article XXII, the signage permitted for a fast-food restaurant shall be as follows:
[Amended 11-9-2004 by L.L. No. 39-2004]
(1)
One monument, detached or ground identification sign, that may be externally lit per street or common driveway frontage, no more than 20 square feet in size and no more than seven feet in height from grade to the top of the structure, shall be permitted. Such a sign shall be set back at least 20 feet from the property line and located so as not to restrict sight distances of motorists exiting the site.
(2)
One wall sign that may be externally lit for each facade facing a street or common driveway, mounted flat against the building, the size of which shall not exceed 10% of the area of the building facade on which it is mounted but in no event more than 24 square feet in total and mounted no higher than the first floor of the building, and with no individual letter more than two feet in height.
(3)
No outside banners, flags (other than a municipal flag or flag of the USA), sandwich boards, directional window signs or other outside temporary signage shall be permitted.
§ 330-131.2 Restaurants, drive-through.
[Added 10-6-2000 by L.L. No. 15-2000]
B.
Drive-through restaurants shall adhere to the dimensional regulations for the Shopping Center Business District as set forth in § 330-34, Business Districts Table of Dimensional Regulations, except that the more stringent standards as set forth below shall apply:
[Amended 11-28-2000 by L.L. No. 18-2000]
(1)
The minimum lot area shall be 80,000 square feet. In calculating lot area, any portion of the property within wetlands, or slopes of greater than 15% or other constraints which prevent buildings, parking areas or landscaping from being provided, shall be excluded from the minimum lot area requirement.
(2)
The minimum lot width shall be 250 feet.
(3)
The maximum lot coverage for main and accessory buildings shall be 15%.
(4)
The minimum yards for a principal building shall be 75 feet for the front yard, 75 feet for each side yard and 100 feet for the rear yard.
(5)
No parking shall be permitted in the front yard. Where parking is provided in a yard other than the front yard of a corner lot facing a street, the setback to such parking area shall be a minimum of 40 feet. The minimum setback from property lines to parking areas in the rear and side yards shall be 25 feet.
(6)
The minimum setback of all parking areas and circulation driveways from the main or accessory buildings shall be 15 feet, except that, along that side of the building on which the service window or windows are provided, the drive-through lane may run alongside the building.
C.
No two or more drive-through restaurants shall be permitted on the same site or same lot.
D.
No more than one drive-through lane shall be permitted per drive-through restaurant. Within each drive-through lane at least two service windows, each performing a separate function, shall be provided. No loudspeaker or window service system shall be permitted. No freestanding order or menu boards shall be permitted. One order or menu board, no larger than 30 square feet in size and mounted to the side or rear wall of the building, shall be permitted.
E.
The drive-through lane for a drive-through restaurant shall provide a minimum stacking of a total of 12 vehicles, including the vehicles located at the service windows.
F.
The circulation lane provided to permit vehicles which have circulated around or through the drive-through windows to circulate around the front of the building and access to parking areas on the opposite side or rear of the building shall be a one-way lane, in a counterclockwise direction, shall be no more than 15 feet in width and shall be no closer than 15 feet to the front of the building nor closer than 50 feet to the streetline.
G.
No drive-through restaurant shall provide, utilize or share any parking facilities with another use or lot. A drive-through restaurant, including the building, parking, on-site circulation and entire drive-through service facility shall be provided on its own lot, separate and distinct from any other use, structure or building. Such a drive-through restaurant may share access to a street with another use or site via a common driveway, but such driveway shall not serve as a driveway aisle or provide direct access into any parking spaces.
H.
A pedestrian crosswalk in front of or crossing the drive-through stacking lane shall be provided whenever the drive-through stacking lane is located between the main building and any off-street parking area. Such a pedestrian crosswalk shall be designed in accordance with § 330-131.1G. Where such crosswalk crosses a drive-through lane, it shall not be counted as part of a stacking space, and a stop sign shall be placed at the crosswalk to prevent pedestrian-vehicular conflicts.
I.
The Planning Board shall direct the applicant to submit a traffic study which shall demonstrate that the impact of traffic generated by the proposed drive-through restaurant shall not be a significant detriment to the community or to the local road network. Such a traffic study may cover one or all of the following elements: existing and projected traffic conditions, capacity and levels of service; traffic safety; the operation and coordination of traffic signals; on-site circulation and parking; access to and from the site; off-site improvements needed to accommodate site traffic; and other improvements needed to mitigate adverse traffic impacts resulting from the proposed use. The applicant must demonstrate that the proposed restaurant use will not alter levels of service or utilize available traffic capacity to such an extent that it cannot be adequately mitigated or otherwise create unsafe on-site or off-site traffic conditions.
J.
All traffic signs and pavement markings shall be in accordance with the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD). Pedestrian crosswalks and signs shall be in accordance with the NYS MUTCD and shall be provided at locations where significant crossing activities occur, such as at main building doorways and across drive-through lanes.
K.
No drive-through facility shall be located in a yard directly adjacent to a residential zone.
[Added 2-25-2003 by L.L. No. 13-2003]
§ 330-132 Filling station.
A.
The lot area shall be not less than 40,000 square feet, nor shall it have a frontage of less than 200 feet along a collector street or secondary highway.
B.
No church, school, library, playground, museum, historic building or similar place of public assembly, drainage channel, surface waters or environmental park shall be within 500 feet of the site.
C.
Entrance or exit driveways shall be located at least 20 feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.
D.
Curbs shall be constructed so as to channelize all traffic to permitted curb cuts. There shall be no more than two curb cuts on any street frontage.
E.
All pumps and lubricating and other devices shall be located at least 50 feet from any building, structure or street line.
F.
All gasoline, oil or other volatile flammable liquids shall be stored in accordance with the provisions of the applicable Town ordinances and of New York State regulations.
G.
All motor vehicle parts, dismantled vehicles and similar articles shall be stored within the principal building.
H.
Storage areas for vehicles waiting for service shall be provided on the site and shall not occur on a public street or highway. Not more than five motor vehicles shall be stored outdoors at any time between 12:01 a.m. and 6:00 a.m.
I.
Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rental or display of automobiles, trailers, mobile homes, boats or other vehicles. The sale, rental or display of automobiles, trailers, mobile homes, boats or other vehicles shall be considered a separate and distinct use from that of a filling station and, as such, shall be required to comply with all requirements of this chapter as they relate to such uses.
§ 330-133 Fuel storage in tanks.
A.
Any such installation of flammable liquids or gas shall be in conformance with the applicable recommendations of the National Board of Fire Underwriters.
B.
The recommendations of the local Fire Chief having jurisdiction and of the Town Bureau of Fire Prevention shall also be considered prior to approval of such a use.
C.
All such uses shall be located on sites large enough to contain the impact of any potential accident that might result from their existence without damage to adjacent properties, any surface waters or the groundwater reservoir.
§ 330-134 Drive-through or drive-in banks. [1]
[Added 2-25-2003 by L.L. No. 13-2003; amended 4-27-2004 by L.L. No. 17-2004]
A.
In addition to the requirements set forth herein, all drive-through or drive-in banks shall also meet the applicable requirements of this chapter, including requirements stipulated for drive-through establishments (§ 330-131).
B.
Drive-through or drive-in banks shall adhere to the dimensional regulations for the Highway Business District as set forth in § 330-34, Business Districts Table of Dimensional Regulations, except that more stringent standards as set forth below shall apply.
(1)
The minimum lot area shall be 60,000 square feet.
(2)
The minimum lot width and minimum lot frontage shall be 250 feet.
(3)
The minimum yards for a main building, including any canopy or roof extension, shall be 50 feet for the front yard, 25 feet for one side yard and 60 feet for both side yards, and 50 feet for a rear yard.
(4)
At least the first 30 feet of the lot adjacent to any street line shall be landscaped, and 15 feet adjacent to any lot line shall not be used for parking and shall be suitably landscaped.
(5)
The minimum setback of all parking areas and circulation driveways from the main building shall be 10 feet, except that, along that side of the building on which the teller facilities are provided, the drive-through or drive-in stacking lanes may run alongside the building.
C.
No more than three drive-through or drive-in stacking lanes shall be permitted per banking establishment.
D.
No drive-through or drive-in facility shall be permitted for any use which is designed, intended or used for any other purposes besides a bank.
E.
A drive-through or drive-in bank, including the building, parking, on-site circulation and the entire drive-through or drive-in service facility shall be provided separately and distinctly from any other use, building, parking area and vehicular circulation system for any other use provided on the same lot or an adjacent lot. Where a drive-through or drive-in bank facility is provided on the same lot as another use or building, such uses shall be separated by an open space area of at least 25 feet in width, and suitably landscaped. Such open space area may only be traversed by vehicular driveways or pedestrian crossings, so as to permit shared access, or shared parking.
F.
Three stacking spaces shall be provided per drive-through or drive-in facility, plus an additional five stacking spaces overall.
G.
Pedestrian crosswalks shall be provided within parking lots to provide access from the parking lot to the bank entrance, including, where necessary, a crossing of the drive-through or drive-in stacking lanes where such lanes are located between the main building and any off-street parking area. Such pedestrian crosswalks shall be painted on the paved surface or comprise paving of a different material from that of the parking or driveway aisles. Such pedestrian crossings shall be a minimum of six feet in width and shall provide ramping to permit wheelchair and stroller accessibility.
H.
No more than 50% of the site or lot shall be covered by buildings, parking or other impervious surfaces. All nonimpervious areas of the site shall be landscaped and maintained year-round.
I.
The overall appearance of the drive-through or drive-in bank, including the building canopy and the site, shall be designed in conformity with the character of the community in which it is located and reflect the vernacular architecture of the particular hamlet in which it is located. Generic and standard architectural design derivative of national or regional branches shall not be permitted.
J.
Drive-through or drive-in facilities shall be provided only if they are attached to the main building. Such attachment shall be provided in the form of a canopy extension from the main building, utilizing an architectural design and materials which match those of the main building. The roof of the canopy extension shall utilize the same pitch and materials as those of the main building. The canopy shall extend the full extent of the outermost drive-through stacking lane. The columns or structure supporting the canopy shall be of an architectural design. No rectangular concrete or circular metal poles shall be permitted.
K.
No drive-through or drive-in bank building, or drive-through or drive-in service facility or stacking lane, shall be located within 50 feet of a residential zone. In addition, where located adjacent to a residential zone, a buffer consisting of a combination of fencing, berming and/or trees and shrubs shall provide a solid year-round screen to a height of at least six feet. This shall be placed in the rear yard and, in the case of a corner lot, shall be determined by the Planning Board.
L.
No drive-through or drive-in facility and no stacking lane servicing such facility shall be located within 50 feet of a street right-of-way.
M.
No driveway shall be located within 10 feet of a lot line, or closer than 30 feet to a driveway on an adjacent property, or within 150 feet of a street intersection.
N.
All drive-through or drive-in facilities shall have adequate directional signage and striping to ensure safe and efficient operation of the facility.
O.
All banks and credit agencies, including those having drive-through or drive-in facilities, in the LI-40 Zoning District shall only be located on a secondary highway as defined in the 1970 Town of Southampton Master Plan.
[1]
Editor's Note: Former § 330-134, Hospital, including auxiliary services and functions, was repealed 12-22-1992 by L.L. No. 54-1992.
§ 330-135 Housing for agricultural labor.
A.
Such housing shall meet the minimum standards and all the requirements of the State Sanitary Code, as amended, except that where any other law or ordinance or regulation imposes a greater restriction, such law, ordinance or regulation shall control.
B.
Dwellings and group quarters shall be located on the site of a farm which employs agricultural laborers.
C.
The placement of dwellings and group quarters shall have access to a paved street or driveway.
D.
All such residential buildings and their accessory uses shall be no less than 200 feet from any side or rear lot line and 150 feet from any front lot line.
§ 330-136 Laundry plant and dry-cleaning plant.
§ 330-137 Marina for private profit.
A.
No deleterious effect shall be created with reference to the groundwaters of the municipality, and the effect of development on the ecology of adjacent tidal waters shall be minimized.
B.
Sanitary rest rooms, holding tanks and sewage disposal shall be provided in accordance with the regulations of the Town, the Suffolk County Health Department and New York State.
C.
There shall be provisions made for the collection and disposal of boat-generated solid wastes.
D.
Outdoor lighting shall not project light onto nor shall light sources be visible from neighboring land properties. No marina light sources shall be more than 10 feet above the ground or dock level underneath it. These provisions shall not exclude appropriate navigational aides deemed necessary by the Town.
E.
Accessory service functions may include the provision of fuel and supplies, minor and emergency repairs for boating and boat rentals. Boat storage shall only be permitted in an enclosed, permanent structure.
F.
Fuel storage facilities shall be adequately containerized so as to prevent spillage, leakage or damage from storms and shall be set back no less than 50 feet from the mean high-water line; except that gasoline pumps may be located conveniently to service boats, provided that precautions are taken to prevent spillage in the waters of the Town. In no case shall fuel storage or service pumps be located less than 100 feet from adjacent lot lines, and the recommendations of the Town Bureau of Fire Prevention shall be considered.
§ 330-137.1 Reconstruction or expansion of preexisting marinas and boatyards in Residential Districts.
[Added 6-26-2018 by L.L. No. 13-2018]
A.
The Planning Board shall find that the subject parcel lawfully exists for use as a marina and/or boatyard as of the effective date of this section.
D.
Proposed structures shall be arranged to minimize obstruction of the existing viewshed as can be seen from the public right-of-way.
E.
The site plan must demonstrate an interior circulation plan accommodating all modes of vehicle transportation, including pedestrians and bicycles.
F.
An innovative/alternative on-site wastewater treatment system on the premises may be required by the Planning Board as approved by the Suffolk County Department of Health Services in accordance with § 123-52.
G.
The following minimum required transitional yards and screening shall be provided within the nonresidential property in order to assure orderly and compatible relationships along certain boundary lines:
(1)
Adjoining residential properties:
(a)
The minimum required transitional side and rear yards shall be 20 feet.
(b)
The minimum required screening within such 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, subject to the applicable provisions of §§ 330-181 through 330-184, may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
(2)
Adjoining street rights-of-way. The minimum required transitional front yard shall be 20 feet, unless the Planning Board finds for aesthetic and safety reasons that additional area is necessary.
(a)
The minimum required screening within such transitional yards cited above shall be landscape plantings, including evergreen shrubs not less than three feet in height and street trees meeting Town specifications. Any fencing proposed greater than six feet, as deemed appropriate by the Planning Board, shall require landscaping located between the fence and the public right-of-way.
[Amended 6-23-2020 by L.L. No. 4-2020]
§ 330-138 Buildings greater than 15,000 feet in Office District. [1]
[Added 2-11-2003 by L.L. No. 9-2003.[2]]
Buildings greater than 15,000 square feet in the Office District (OD) shall comply with these additional criteria, as follows:
A.
Design of the subject building or building complex shall be consistent with the scale and character of the structures which have been historically developed within the Town. They shall be scaled appropriately for the neighborhood. They shall be aesthetically pleasing and enhance the character of the neighborhood. The following are design guidelines to be utilized in the design of the subject buildings:
(1)
Roof type: no flat roofs. The two roof types that are predominantly encouraged in the Town are gable and hip. Given that there are a few examples of the gambrel and mansard roofed structures within the Town, their proliferation is not encouraged; however, limited use of these roof types may be permitted to lend variety.
(2)
Roof massing: Single roof type is not encouraged for structures more than 5,000 square feet. Larger buildings shall have a more complex roof design which consists of the main roof with lower, intersecting secondary roof types, except for agricultural greenhouses.
(3)
Roof pitch:
(a)
Gable roofs: below 7:12 are prohibited.
(b)
Hip roofs: shall be 4:12 to 9:12.
(c)
Gambrel roofs: upper roof shall be 5:12 to 8:12; lower roof shall be 18:12 to 20:12.
(d)
Mansard roofs: maximum of eight feet in height, and shall be designed in proportion to the size of the facade below. The roof shall step in from the eave to the top of the mansard one to two feet. This does not apply to agricultural greenhouses.
B.
There is significant public benefit to be derived from the proposed facility or building; and
C.
The applicant demonstrates a need for a building or building complex larger than 15,000 square feet; and
D.
The size of the subject parcel can accommodate the proposed building or building complex; and
E.
Submission of a traffic impact analysis which determines that the existing roadway network in the area of the proposed development will be able to handle the existing through traffic, plus the additional traffic that the development will generate.
[1]
Editor's Note: Former § 330-138, Medical arts building, was repealed 2-8-2000 by L.L. No. 1-2000.
[2]
Editor's Note: This local law also provided that it would not apply to any site plan approval granted by the Planning Board before this local law's effective date, provided that the site plan was signed by the owner pursuant to § 330-184K and a building permit was obtained within one year of the effective date of this local law.
§ 330-139 Buildings greater than 15,000 square feet in Shopping Center Business Zone. [1]
[Added 2-11-2003 by L.L. No. 10-2003[2]]
Buildings greater than 15,000 square feet in the Shopping Center Business Zone shall comply with these additional criteria as follows:
A.
Design of the subject building or building complex shall be consistent with the scale and character of the structures which have been historically developed within the Town. They shall be sealed appropriately for the neighborhood. They shall be aesthetically pleasing and enhance the character of the neighborhood. The following are design guidelines to be utilized in the design of the subject buildings:
(1)
Roof type: no flat roofs. The two roof types that are predominantly encouraged in the Town are gable and hip. Given that there are a few examples of the gambrel and mansard roofed structures within the Town, their proliferation is not encouraged. However, limited use of these roof types may be permitted to lend variety.
(2)
Roof massing: Single roof type is not encouraged for structures more than 5,000 square feet. Larger buildings shall have a more complex roof design which consists of the main roof with lower, intersecting secondary roof types, except for agricultural greenhouses.
(3)
Roof pitch:
(a)
Gable roofs: below 7:12 are prohibited.
(b)
Hip roofs: shall be 4:12 to 9:12.
(c)
Gambrel roofs: upper roof shall be 5:12 to 8:12; lower roof shall be 18:12 to 20:12.
(d)
Mansard roofs: maximum of eight feet in height, and shall be designed in proportion to the size of the facade below. The roof shall step in from the eave to the top of the mansard one to two feet. This does not apply to agricultural greenhouses.
B.
There is significant public benefit to be derived from the proposed facility or building; and
C.
The applicant demonstrates a need for a building or building complex larger than 15,000 square feet; and
D.
The size of the subject parcel can accommodate the proposed building or building complex; and
E.
Submission of traffic impact analysis which determines that the existing roadway network in the area of the proposed development will be able to handle the existing through traffic, plus the additional traffic that the development will generate; and
F.
Grocery stores greater than 15,000 square feet shall require a market study that shall examine the economic impacts of this type of large-scale development on existing centers, especially with regard to the continued health of hamlet and village anchors.
[1]
Editor's Note: Former § 330-139, Membership or country club or golf course, nonprofit, was repealed 12-22-1992 by L.L. No. 54-1992.
[2]
Editor's Note: This local law also provided that it would not apply to any site plan approval granted by the Planning Board before this local law's effective date, provided that the site plan was signed by the owner pursuant to § 330-184K and a building permit was obtained within one year of the effective date of this local law.
§ 330-140 Motel, resort.
A.
There shall be no less than 11,000 square feet of lot area for each guest unit.
B.
Provisions shall be made for proper sanitary waste disposal facilities and water supply in conformance with the requirements of the Town and the Suffolk County Health Department and shall be designed to protect the groundwater reservoir from pollution, saltwater intrusion or excessive demand detrimental to the environment and neighboring properties.
C.
All intensive outdoor activities shall be so located on the property with reference to surrounding properties that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.
D.
Outdoor lighting shall not project light onto, nor shall light sources be visible from, neighboring properties. No outdoor light source shall be more than 10 feet above the ground level underneath it.
E.
There shall be no outdoor public-address or music system audible beyond the limits of the property.
§ 330-141 Motel and hotel, transient.
A.
There shall be no less than 11,000 square feet of lot area for each guest unit.
B.
Provisions shall be made for proper sanitary waste disposal facilities and water supply in conformance with the requirements of the Town and the Suffolk County Health Department and shall be designed to protect the groundwater reservoir from pollution, saltwater intrusion or excessive demand detrimental to the environment and neighboring properties.
C.
All intensive outdoor activities shall be so located on the property with reference to surrounding properties that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.
D.
Outdoor lighting shall not project light onto, nor shall light sources be visible from, neighboring properties. No outdoor light source shall be more than 10 feet above the ground level underneath it.
E.
There shall be no outdoor public-address or music system audible beyond the limits of the property.
§ 330-142 Nightclub or similar entertainment establishment.
[Amended 10-6-2000 by L.L. No. 15-2000; 4-13-2004 by L.L. No. 15-2004]
A.
A nightclub or similar entertainment establishment shall not be less than 1,000 feet from any church, school, playground or park, hospital, nursing home, proprietary rest home or similar public or semipublic facility, and, further, it shall be not less than 500 feet from any residential district.
B.
All interior areas shall be designed for containing noise-generating activities and shall be sufficiently sound insulated so as to avoid any noise nuisances beyond the property boundary. There shall be no outdoor public address or music system, except when required to meet the provisions of Chapter 4, § 404, of the Fire Code of the State of New York.
C.
All entertainment activities shall be conducted within a fully enclosed building.
§ 330-143 Dry cleaning - neighborhood service facility. [1]
[Added 9-11-2007 by L.L. No. 46-2007]
The following apply to dry cleaning - neighborhood service facilities:
A.
Maximum of one dry-cleaning machine per establishment, having a maximum capacity of 65 pounds per load.
B.
The dry-cleaning machine shall be of a “closed system” design where the cleaning, extracting, drying, and deodorizing are all conducted within a self-contained machine.
C.
The facility shall be classified as Type III pursuant to § F1203.2 of the NYS Fire Prevention and Building Code.
D.
The garments dry cleaned within the facility shall be those of the direct retail customer, and shall not be from other pickup and drop-off facilities.
[1]
Editor's Note: Former § 330-143, Nursery School, was repealed 9-14-1993 by L.L. No. 30-1993.
§ 330-144 Nursing home or proprietary rest home.
A.
The lot area shall be not less than 40,000 square feet, nor shall it have a frontage of less than 150 feet along a street, except that in no case shall the lot area or the frontage be less than that required in the applicable district.
B.
All buildings shall be set back at least 50 feet from any property line, and in no case shall be setback be less than that required in the applicable district.
C.
Prior to approval, consideration shall be given to all applicable regulations governing such occupancies, including the recommendations of the local Fire Chief having jurisdiction.
§ 330-144.1 Hospice residence home.
[Added 5-26-2009 by L.L. No. 22-2009]
A.
The lot area shall not be less than 60,000 square feet.
B.
The lot shall not have a frontage of less than 150 feet along a street, and in no case shall the lot area or the frontage be less than that required in the applicable district
C.
All buildings shall be set back at least 50 feet from any property line, and in no case shall the setback be less than that required in the applicable district.
D.
The design, mass and scale of all buildings shall be consistent with that of the adjacent neighborhood, with specific attention paid to the existing character of any surrounding residential area.
E.
No parking shall be permitted in the required front yard setback, and parking shall be adequately screened from the adjacent roadway and properties.
F.
A needs/demand statement and management and operations statement shall be submitted. Said statement shall, as a minimum, review and analyze the existing ratios of the nearest hamlet population to the proposed number of facility beds.
G.
Prior to approval, consideration shall be given to all applicable regulations governing such occupancies, including the recommendations of the local Fire Chief having jurisdiction.
H.
Prior to the issuance of a certificate of occupancy, the owner and operator shall be licensed as required by the applicable local, county, state and federal agencies.
§ 330-144.2 Assisted-living facility.
[Added 1-23-2018 by L.L. No. 4-2018]
A.
Prior to the issuance of a certificate of occupancy, the owner and operator shall be approved by New York State pursuant to New York State Public Health Law, Article 46-B, and any other applicable local, county, state and federal agencies.
B.
These dimensional and density standards supersede any reciprocal standards in the applicable zoning district. Dimensional, density and other standards not referenced herein shall be as required in the applicable zoning district.
C.
The minimum site area shall be three acres.
D.
The minimum street frontage width shall be 150 feet or commensurate with the requirement of the applicable zoning district, whichever is greater.
E.
The minimum front, side and rear yard setbacks for the principal building shall be 35 feet or commensurate with the requirements of the applicable zoning district, whichever is greater. The yard setbacks for accessory buildings and structures shall be commensurate with the requirements of the applicable zoning district.
F.
The maximum number of assisted-living-unit beds shall be 25 beds per acre of property area.
G.
The maximum number of assisted-living-unit beds shall not exceed 100 beds, regardless of the property size, unless affordable units are provided, in which case the maximum number of beds may not exceed 120% of the maximum permitted number of beds, whereby for each unit bed that exceeds the maximum permitted, one affordable-rate-unit bed shall be provided for each two market-rate-unit beds with the affordable-rate beds rounded up to the nearest whole number. Any such affordable units shall comply with the provisions of Chapter 216 of the Town Code.
H.
The minimum area for any individual assisted-living unit shall be 400 square feet.
I.
The maximum gross floor area of the principal building shall not exceed a ratio of 900 square feet per assisted-living unit.
J.
The maximum height of the principal building shall be 35 feet measured to the eave of the roof.
K.
The design, mass and scale of all buildings shall exhibit architectural features characteristic of a residential home regardless of the zoning district or the adjacent zones or uses.
(1)
Visible flat roofs shall be prohibited.
(2)
Gable and hip roofs are encouraged; however, limited use of gambrel and mansard roofs may be permitted to lend variety.
(3)
Buildings greater than 5,000 square feet in size shall have a more complex roof design consisting of a main roof with lower, intersecting secondary roof types, rather than a consistent single-roof type.
(4)
Gable roofs shall have a pitch of at least 7:12. Hip roofs shall have a pitch of 4-9:12. Gambrel roofs shall have an upper roof pitch of 5-8:12 and a lower roof pitch of 18-20:12.
(5)
Mansard roofs shall be a maximum height of eight feet and shall be designed in proportion to the size of the facade below.
L.
No parking shall be located in the required front yard setback and in no case less than 50 feet from a street or front lot line.
M.
At least one truck loading / unloading space shall be provided in a location least impactful to any neighboring residential property.
N.
Parking areas shall be provided pursuant to § 330-95 and shall be adequately screened from adjacent roadways and properties.
P.
Regardless of the zoning district, a landscape screening buffer, not less than 20 feet in width, consisting of massed trees and shrubbery or existing mature vegetation supplemented by new landscaping, shall be established and maintained along all side and rear property lines. The trees and shrubbery shall consist of evergreens and deciduous plant material to create a tall, dense buffer creating habitat for wildlife and visual relief for the neighbors. The Planning Board may require fencing along property lines to provide screening for neighbors or site occupants, or to delineate property boundaries.
Q.
At least 30% of the total site area shall be devoted to open space which shall consist of existing natural vegetation and / or ornamental landscaping and shall be well-maintained with grass, appropriate recreational amenities, walking paths, trees, shrubbery and other suitable plant materials approved during site plan review.
R.
Accessory structures including facilities necessary to meet the proper maintenance, security, storage and utility needs of the development, are permitted. Ancillary uses providing services or amenities only for site residents, such as but not limited to recreation rooms, lounges, rehabilitation facilities, exercise rooms and similar facilities, are permitted. In addition to the maximum permitted unit beds, no more than one unit bed shall be allowed for occupancy by a property superintendent or site manager.
S.
The site shall have frontage on a collector or arterial street, and circulation driveways shall be designed so that vehicular access does not enter or exit from a minor residential street.
T.
The site shall be located within a one-half-mile distance from a Hamlet Center [Village Business (VB), Shopping Center Business (SCB) and Hamlet Commercial / Residential (HC) Zones] or an Incorporated Village Boundary. Upon satisfactory proof, the Zoning Board of Appeals may grant relief to this requirement.
U.
No assisted-living facility shall be located on a separate parcel of land, within 1/4 mile of another such facility.
V.
Shuttle bus; off-site services.
(1)
An assisted-living facility shall provide a shuttle bus / transportation service. Applications for an assisted-living facility shall include a written description indicating how residents of the facility shall have access to the following off-site services. Those off-site services marked with an asterisk (*) are mandatory, and transportation to such services and facilities shall be designated as regular routes in the written description of the transportation system:
(a)
Grocery Store *.
(b)
Bank *.
(c)
Non-emergency hospital visits *.
(d)
Doctor and dentist offices *.
(e)
Pharmacy *.
(f)
Retail shopping *.
(g)
Post office *.
(h)
Religious institutions *.
(i)
Library *.
(j)
Park *.
(k)
Restaurants or snack shops *.
(l)
Adult education facility.
(m)
Cinema / theater / performing arts.
(n)
Medical emergency services.
(o)
Nursing home or other assisted / independent living facility.
(p)
Barber / beauty shop.
(q)
Recreation / civic center.
(2)
The availability of the transportation system and the locations of the services and facilities included in the transportation route shall be determined by the operator of the assisted-living facility in a manner that addresses the reasonable needs of the residents. In making this determination, when multiple services and facilities are available, the provision of transportation to services and facilities within seven miles of the assisted-living facility shall be presumed to be reasonable.
§ 330-145 Paving and construction material manufacturing.
A.
The lot area shall be not less than five acres.
B.
When adjacent to any residence district, there shall be a transitional yard 150 feet in depth along all property lines, with natural screening or screen plantings and an eight-foot chain link fence on the inside boundary of such yard to assure compatibility with adjacent properties.
C.
Water used in the washing process shall be recycled, and the overall facility shall be designed, located and operated so as to protect the groundwater reservoir from pollution.
§ 330-146 Philanthropic, fraternal, social or educational institutional office or meeting room, nonprofit.
A.
In any Country Residence District or any Multifamily Residence District, the lot area shall be not less than three acres nor shall the frontage be less than 200 feet on a collector street or secondary highway.
B.
In any district where such use is located in a building or structure of historical or cultural significance, as determined by the Board of Architectural Review, the lot area and/or the frontage requirements may be varied in keeping with the existing lot area and frontage if such action will serve as a means of preserving such building or structure in a manner significant and enhancing to the local environment.
C.
Such uses shall not include any intensive outdoor activity other than off-street parking and similar service uses.
D.
When such use proposes to include intensive outdoor activity as an accessory use, the lot area and special requirements of the nonprofit membership or country club or golf course shall apply.
E.
When proposed in compliance with Subsection D, all intensive outdoor activities shall be so located on the property with reference to surrounding properties that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.
F.
Outdoor lighting shall not project light onto nor shall light sources be visible from neighboring properties. No outdoor light source shall be more than 10 feet above the ground level underneath it.
G.
There shall be no outdoor public-address or music system.
H.
A private kitchen and bar accessory to the primary use, solely for the use of members and their escorted guests, shall be permitted in the OD District, provided that the lot area shall be not less than 40,000 square feet; further, it shall be permitted in any CR District, provided that the lot area is not less than five acres. In the CR District, no food or beverage shall be served in any dining room or on any part of the grounds of such philanthropic, fraternal, social or educational institution between the hours of 9:00 p.m. and the following 9:00 a.m., except on Friday, Saturday and Sunday nights and on nights preceding holidays when the closing hour shall be 1:00 a.m., except that on Sunday nights it shall be 10:00 p.m.
§ 330-147 Public library and museum.
When located in or adjacent to residential districts, all parking and any outdoor equipment storage shall be properly screened from the view of such adjacent properties.
§ 330-148 Tavern or bar.
[Amended 4-13-2004 by L.L. No. 16-2004]
A.
No tavern or bar shall be located within 500 feet of any church, school, playground, park, hospital, nursing or proprietary rest home or similar public and semipublic place nor within 500 feet of any residential district.
§ 330-149 Truck terminal and truck transfer station.
A.
The lot shall have frontage on a collector street or secondary highway.
B.
All parking areas for operating vehicles shall be paved, curbed and drained in accordance with municipal specifications. Such areas shall be at least 60 feet from any residence district boundary and at least 25 feet from any property line. No vehicle shall park or stand outside such paved parking area.
C.
All fuel pumps and lubricating and other devices shall be located at least 25 feet from any building, structure or property line.
D.
All fuel, oil, gasoline or similar substances shall be stored underground and at least 25 feet from any and all property lines. Such facilities shall be installed and maintained in accordance with the standards of the National Board of Fire Underwriters.
E.
All dismantled automobiles, trucks, tractors, trailers and similar equipment and parts and accessories thereof shall be stored within a building.
F.
Screening shall include planting of evergreen bushes or trees in addition to a fence, so that truck motor noise and the sound of overnight operation of refrigeration units shall be muffled when adjacent to any residence district.
§ 330-150 Veterinarian, veterinary hospital or kennel.
A.
Adjacent properties shall be adequately protected from noise, odors and unsightly appearance.
B.
All buildings, structures and accessory use areas, except off-street parking, shall be at least 50 feet from any property line.
C.
Cadavers and contaminated materials shall be disposed of in accordance with the applicable Town, county or state regulations.
§ 330-151 Shooting.
Shooting shall be conducted in a safe manner and shall not create a public nuisance. To ensure that these conditions are met, the Town bay require the licensing of indoor and outdoor shooting and may establish, by local law, such regulatory measures as it deems necessary.
§ 330-152 Commercial fishing facility.
A commercial fishing facility may include a combination of wholesale and retail sale of finfish and/or shellfish.
A.
The lot shall have frontage on navigable tidal waters with a depth sufficient to permit commercial fishing boat docking and unloading facilities.
B.
No fish factory operation or similar heavy processing shall be permitted.
C.
The preparation of local finfish and shellfish for marketing, including icing and filleting of fish, shucking of shellfish and cooking of lobsters and crabs, shall be permitted and their retailing permitted as an accessory use.
D.
Disposal of waste products and cleaning of water shall be in accordance with the applicable Town, county or state regulations, so that no lands or waters of the Town shall be degraded.
E.
Provisions for visual screens and noise barriers must be possible and shall be required where such use is proposed adjacent to a dwelling, motel, restaurant, membership club, public or semipublic place or similar use where the economic and social well-being of such neighboring uses requires protection.
F.
The intent in permitting both wholesale and retail sale being to complement the existing eastern Long Island seafood industry, a continuing condition of the granting of such special exception use shall be that the substantial portion of the fresh product sold upon the premises shall have been harvested in waters within or contiguous to the Town of Southampton or adjacent Townships and including sales from owners or operators of fishing vessels whose hailing port shall be within the Town of Southampton or adjacent Townships.
§ 330-153 Expansion of existing nonconforming cemetery.
A.
Such expansion shall utilize contiguous property only or property contiguous to a road or right-of-way which separates the two properties.
B.
Such additional land that is acquired shall remain in the same title as the existing cemetery.
C.
Authorization by the Planning Board shall be conditioned on approval by the Town Board as provided in the Not-For-Profit Corporation Law of the State of New York.
§ 330-154 Housing for restaurant employees.
A.
Such housing shall meet the minimum standards and all the requirements of the State Sanitary Code, as amended, except that where any other law or ordinance or regulation imposes a greater restriction, such law, ordinance or regulation shall control.
B.
Dwelling and group quarters shall be located on the site of the restaurant and must be attached to the principal building and have direct access to a paved street or driveway.
C.
All such dwelling and group quarters (as accessory uses) shall be no less than 50 feet from any side or rear lot line.
D.
There shall be no kitchen or cooking facilities within the dwelling and group quarters.
E.
The dwelling and group quarters shall only be occupied by full-time (40 hours per week) employees of the restaurant.
F.
No more than two employees shall reside in any one room to be constructed pursuant to this section.
G.
Accommodations may be provided, pursuant to this section, as follows:
(1)
There shall be no entitlement on parcels of 40,000 square feet or less.
(2)
One such employee for each 15 dining settings regularly maintained and provided by the place of business for its patrons or guests, but in no event shall be entitlement exceed one such employee for each 2,500 square feet in excess of 40,000 square feet of lot area housed within the coverage authorized in the zoning district.
H.
Notwithstanding the other provisions hereof, no more than eight rooms may be constructed pursuant to this section.
§ 330-155 Conversion to residential condominium or residential cooperative.
A.
The Planning Board shall refer all applications for conversion to the Town Department of Fire Prevention for review in relation to applicable fire safety codes and shall consider any recommendations prior to final action on the application.
B.
The application for conversion shall include the entire parcel devoted to the multiple dwelling, resort motel or transient hotel/motel use. Any approval of said application by the Planning Board in a residential district shall require the conversion of the entire parcel to residential condominium or residential cooperative use.
[Amended 6-8-1993 by L.L. No. 15-1993]
C.
The Planning Board shall find that the subject parcel lawfully exists for use as a multiple dwelling, resort motel, transient hotel/motel, apartment or cottage complex as of the effective date of this section.
[Amended 6-8-1993 by L.L. No. 15-1993]
D.
The total floor area of all buildings after conversion shall not exceed the total floor area of all buildings located on the subject parcel as of the effective date of this section nor shall the total number of dwelling units after conversion exceed the total number of resort, transient, apartment, or cottage units legally existing as of the effective date of this section on the property. The foregoing sentence shall not, however, preclude construction or expansion of buildings or structures from reaching the maximum lot coverage allowed in the applicable district so long as the maximum allowable density in the applicable district is not exceeded.
[Amended 6-8-1993 by L.L. No. 15-1993]
E.
Each dwelling unit to be converted to a residential condominium or residential cooperative use shall contain a minimum living area of 600 square feet. Living area shall be deemed to be exclusive of unenclosed porches, breezeways, garage areas, basements and cellar rooms or areas.
[Amended 6-8-1993 by L.L. No. 15-1993]
F.
Only those accessory uses which are permitted by the Planning Board shall be permitted to exist upon the subject parcel, and all such accessory uses shall be used only by residents and their guests and shall not be available to the general public.
[Amended 6-8-1993 by L.L. No. 15-1993]
G.
The Planning Board shall condition any approval with specific safeguards to ensure adequate screening and protection of neighboring properties from noise, light and other possible nuisances and to assure that on-site management will be provided to ensure compliance with the provisions of Subsection H contained herein.
[Amended 6-8-1993 by L.L. No. 15-1993]
H.
Except in residential districts, at least 20% of the units shall be owned by persons who do not reside therein, and each of these units shall be available for rental to tourists and vacationers on a transient basis. The remaining units shall be owner-occupied and added to any computation of multifamily units anticipated by the Master Plan for the hamlet in which the residential condominium or cooperative is located.
[Amended 6-8-1993 by L.L. No. 15-1993]
I.
All applications shall be treated as SEQRA Type I actions.
[Amended 6-8-1993 by L.L. No. 15-1993]
J.
The fee for an application for a conversion to a residential condominium or residential cooperative shall be $1,000.
[Amended 6-8-1993 by L.L. No. 15-1993]
§ 330-156 Wholesale/retail beverage distribution.
A.
Notwithstanding other provisions of this chapter to the contrary, such use shall require a minimum of 40,000 square feet of lot area.
B.
Such use shall not be permitted on a lot having an area of less than 40,000 square feet and less than 150 feet of lot width.
C.
Such use shall permit the wholesale and retail sale of beverages as described in this section. A use solely for the retail sale of such items shall not be permitted; however, nothing contained herein shall be deemed to prohibit the wholesale distribution of such items pursuant to other provisions of this chapter.
D.
No beverages shall be consumed on the premises, and no window, stand or counter shall be provided for such purpose, either inside the building or constructed as part of any exterior building wall.
E.
The use permitted herein shall be limited to the storage and sale of beer and nonalcoholic carbonated beverages, including soft drinks, mineral waters, spring waters, drinking water, nontaxable malt or cereal beverages, juice drinks, liquid beverage mixes, dry or frozen beverage mixes or ice. The sale, either wholesale or retail, of milk, milk products, tomato juice, orange juice, any whole fruit juice or any other beverage or produce not specifically enumerated above shall be prohibited.
F.
No manufacturing or bottling of any alcoholic or nonalcoholic beverages shall be permitted.
G.
Such use shall be licensed by the appropriate governmental agency, having jurisdiction thereof.
H.
All outside loading docks or other similar building features shall be to the rear of the building, opposite any limited access or secondary highway as defined in the Town's Master Plan of 1970, or as amended.
I.
Any outside storage areas for trucks, pallets, cases, etc., shall be completely fenced, with appropriate access gates sufficient for the movement of large commercial vehicles, and such areas shall be adequately screened from view from all sides, as determined by the Planning Board. If plant materials shall be used as all or part of such required screening, a detailed landscaping plan prepared by a licensed professional shall accompany the special exception application and site plan.
J.
No coin-operated ice machines or other dispensing machines for ice or beverage of any type shall be permitted in the front yard.
K.
Internal traffic circulation shall be such that the retail customer shall be provided with a parking area separate and distinct from any maneuvering areas for any loading docks or truck storage or employee parking for the wholesale distribution facility.
§ 330-157 Theaters, community or regional.
[Amended 2-13-1996 by L.L. No. 3-1996]
A.
No use other than the showing of motion pictures and/or stage productions shall be permitted within the building or buildings or upon the lot or land, except within the Village Business (VB) District where more than one use may be permitted.
B.
Notwithstanding the provisions of § 330-95 of this chapter, one off-street parking space shall be provided for every four permanent seats, except that where the Planning Board determines that adequate public transportation and off-site parking facilities are available to serve the site, one off-street parking space shall be provided for every five permanent seats.
C.
Where a community or regional theater is proposed as part of a mix of compatible uses within a retail center of no less than 30,000 square feet, the Planning Board may set a parking standard of one space per 180 square feet of gross floor area.
D.
The site shall be adequately designed to provide adequate handicapped access. The minimum amount of handicapped parking spaces shall be 2% of the total amount of required off-street parking spaces and shall in no case be less than five spaces.
E.
There shall be no outdoor public-address or music system.
F.
Outdoor lighting shall not project light onto nor shall light sources be visible from neighboring properties. No outdoor light source shall be more than 10 feet above the ground level underneath it, except where an alternative lighting plan is approved by the Planning Board.
G.
In addition to the dimensional requirements established elsewhere in this Code, 40,000 square feet of lot area shall be required for each 200 seats, except within the Village Business (VB) District where the Planning Board is authorized to relax the above lot area standard, setbacks and other sections of the Code of the Town of Southampton that address dimensional regulations. The Planning Board must make specific findings that the relaxation of the above lot area standard, setbacks and other sections of the Code of the Town of Southampton will not cause adverse impacts and will result in public and economic benefits within the Village Business (VB) District.
H.
One theater shall be permitted on any lot.
I.
Where a theater is proposed as part of a complex of compatible uses, the complex shall be designed as an overall coordinated site master plan, integrating all existing and proposed buildings and structures on the site (including parking, landscaping, buffers, pedestrian walkways, access drives, lighting and signage) with a unifying architectural style given the site's contextual relationship with the architectural styles of the surrounding area.
§ 330-158 Apartments in certain business districts.
[Amended 4-23-2002 by L.L. No. 8-2002]
A.
The site may be located in a Mixed-Use or Commercial Planned Development District, VB Village Business or OD Office Business District, or HO or HC District.
[Amended 8-26-2003 by L.L. No. 65-2003]
B.
The apartment may not be located on the ground floor but shall be located on the second floor over offices or retail shops or stores.
C.
The apartment shall have no more than two bedrooms.
E.
Only one apartment shall be permitted for each office or retail shop store, but no more than two in any building, except that this number may be increased, at the request of an applicant/owner and at the discretion of the Planning Board, to provide some number of units of affordable housing for moderate-income families as defined in § 330-5. The ratio of units for moderate-income families and other units shall be determined by the Planning Board, but no less than 20% of the total number of units being provided in any one project. The total number of apartment units allowed shall be based on one apartment unit per 1,250 square feet of business, office or retail shop.
F.
Initial and continued eligibility priority for occupancy (rent) of units for moderate-income families shall be verified by the Director of Community Development.
(1)
The Director shall determine initial eligibility priority on the following basis:
(a)
Persons who are qualified active members in service as volunteers in an agency providing firematic protection or ambulance services in the Town of Southampton as determined by such agency's approved list submitted for the Length of Service Award Program (LOSAP). A higher priority to those volunteers currently residing in the affected school district. The term "qualified active member" shall mean a volunteer involved in providing firematic protection of emergency medical services in the Town of Southampton, including but not limited to volunteer firefighters, volunteer fire police, volunteer emergency medical technicians, as decided by the administration or by laws of the given agency providing such firematic protection or emergency services. For purposes of administering the provisions of this chapter for qualified active members, the Town of Southampton shall utilize the approved list compiled by the given agency for Length of Service Award Program (LOSAP) and any supplemental listings provided by the given agency which list persons who have met the point requirements of LOSAP having remained active in service but no longer are eligible for LOSAP listing due to age restrictions.
(b)
Residents of the Town of Southampton, in order of number of years as resident. A higher priority to those residents currently residing in the affected school district.
(c)
Persons employed in the Town of Southampton.
(d)
All others.
(e)
Where a unit reserved for low- or moderate-income housing is restricted pursuant to a grant or subsidy from the federal government, State of New York or other municipal agency to provide low- or moderate-income housing consistent with the intent of this chapter, the Director may accept such restrictions in lieu of other restrictions set forth in this chapter.
(2)
The Director shall review tenants' leases, income and other relevant documents for continued eligibility on an annual basis.
G.
Parking requirements shall be in accordance with the provision of § 330-94 for a multiple dwelling. This requirement may be waived by the Planning Board if adequate municipal or on-site parking is available.
I.
The proposed residential use shall be compatible with the business use within the building. Any change in the business use shall be treated as a special exception use and shall require the approval of the Planning Board.
J.
All requirements of the New York State Building Code and all other applicable state and local regulations shall be complied with.
§ 330-159 School for the intellectually disabled.
[Amended 9-24-2019 by L.L. No. 23-2019]
A.
The lot area shall not be less than five acres.
B.
No outdoor recreation or activity area shall be located on or adjacent to an open pool, watercourse, pond, lake or tidewater area without the benefit of a suitable fence or protective devices.
C.
There shall be a minimum of 100 square feet of gross floor area per student.
D.
Lot coverage shall not exceed 10% of the total lot area.
E.
The boarding of students on the subject premises shall not be permitted.
§ 330-160 Yacht club, nonprofit in a planned residential development.
A.
Membership in the yacht club shall be limited to residents of the planned residential development.
B.
There shall be no commercial facilities open to the general public.
C.
Yacht club operation, vehicular and boating traffic shall not infringe or have an adverse impact on adjacent or nearby residential areas, waterways or wetlands.
D.
The use may only be established as part of a planned residential development approved pursuant to Chapter 247, Open Space, of the Town Code. The area devoted to said use, including all areas for uses and structures which are accessory, shall not be considered open space nor shall it be utilized as area contributing to residential density as part of a standard plat.
E.
No deleterious effect shall be created with reference to the groundwaters of the municipality, and the effect of development on the ecology adjacent tidal waters shall be minimized.
F.
Sanitary rest rooms, holding tanks and sewage disposal shall be provided in accordance with the regulations of the Town, the Suffolk County Health Department and New York State.
G.
There shall be provisions made for the collection and disposal of yacht-generated solid wastes.
H.
Outdoor lighting shall not project light onto nor shall light sources be visible from neighboring land properties. No yacht club light sources shall be more than 10 feet above the ground or dock level underneath it. These provisions shall not exclude appropriate navigational aides deemed necessary by the Town or the Coast Guard.
I.
Accessory service functions may include the provision of fuel and supplies and minor emergency repairs for yachts. Storage shall only be permitted in an enclosed, permanent structure.
J.
Fuel storage facilities shall be adequately containerized so as to prevent spillage, leakage or damage from storms and shall be set back no less than 50 feet from the mean high-water line; except that gasoline pumps may be located conveniently to service boats, provided that precautions are taken to prevent spillage in the waters of the Town. In no case shall fuel storage or service pumps be located less than 100 feet from adjacent lot lines, and the recommendations of the Town Bureau of Fire Prevention shall be considered.
K.
There shall be no outdoor public-address system or music system audible beyond the limits of the property.
§ 330-161 Building in Ocean Shoreline Hazard Areas.
[Added 12-23-1986 by L.L. No. 22-1986]
In order to approve an application for a building permit in an Ocean Shoreline Hazard Area as defined in § 330-45C of this chapter, a complete application shall be submitted to the Planning Board prepared in accordance with the requirements of this article of this chapter, and the Planning Board shall find that the application incorporates or meets the following special conditions:
A.
Minimum setback. The nearest portion of any structure, accessory structures, facility or related infrastructure erected or installed on a lot shall be set back from the shoreline a distance sufficient to provide protection from long term erosion and to minimize flood damage as might occur during the one-hundred-year flood profiled on the Flood Insurance Rate Map (FIRM) dated June 1, 1983, prepared by the Federal Emergency Management Agency, as the same may be from time to time changed and amended; and, in the case of shallow lots wherein such setback could not be accomplished without the reduction of the required front yard setback measured from an existing street paralleling the ocean, the required front yard setback may be shortened by 50%, and an accessory building or structure may be placed in that portion of a front yard not deemed to be the minimum required front yard established by such relief.
B.
All new construction of, additions to or restoration of any structure, accessory structure or facility shall be reasonably safe from and made of materials resistant to flood and erosion damage. For proper design criteria, reference may be made to the Coastal Construction Manual (FEMA-55) (dated February, 1986), prepared by the Federal Emergency Management Agency which is on file with Building Department of the Town of Southampton.
C.
All new construction, restoration or repair of structures on pilings or columns shall be designed to withstand all applied loads of the base flood flow and to prevent flotation, collapse or lateral movement of the structure. No fill shall be used for structural support.
D.
There shall be no grading, excavation, alteration or disturbance of any soil or beach within 100 feet of the landmost portion of the shoreline at mean high water, except as incidental to construction or otherwise provided herein.
E.
All new or replacement sanitary sewage disposal systems shall be made of water-resistant material and designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Such systems shall be set back from the shoreline a distance sufficient to provide protection from long-term erosion and to minimize flood damage as might occur during the one-hundred-year flood, profiled on the FIRM. Septic tanks shall be designed to prevent flotation.
F.
All new and replacement water supply systems shall be set back from the shoreline a distance sufficient to provide protection from long-term erosion and to minimize flood damage as might occur during the one-hundred-year flood profiled on the FIRM and designed and sealed to prevent the infiltration of floodwaters into the system. The top of any well casing must be three feet above the one-hundred-year-flood level as profiled on the FIRM or the highest recorded flood, whichever is greater.
G.
Electric, telephone and cable television service shall be waterproofed and have the junction or terminal boxes located and elevated above the one-hundred-year-flood level as profiled on the FIRM.
H.
No structure, storage of material or equipment or other use within the Ocean Shoreline Hazard Area may be allowed which, acting alone or in combination with existing or future uses, will significantly increase flood damage or accelerate erosion to natural protective features of the shoreline or adjacent, properties and lands.
I.
New construction or restoration of bulkheads, groins, jetties, breakwaters, revetments, seawalls, docks, piers or wharves is prohibited.
J.
Clean sand or gravel is the only material which may be deposited between any structure and the shoreline. Any deposition will require Planning Board approval.
K.
No vehicle parking area or accessway shall be constructed between any structure and the shoreline.
L.
The erection of sand fencing and the planting of native American beach grasses or other stabilizing vegetation are not prohibited.
M.
Adequate drainage shall be provided so as to reduce flood hazards on site and to minimize runoff to adjacent properties.
§ 330-162 Greenhouses. [1]
[Added 11-23-2004 by L.L. No. 41-2004]
The following shall apply to the development of a tract with a greenhouse or multiple greenhouses on a tract or lot of less than three acres in size within the R-20, R-40, and CR-40 Districts located outside the Agricultural Overlay District:
A.
The maximum total lot coverage for all buildings (accessory and principal) shall not exceed the maximum percentage allowed as required in the applicable zoning district for the minimum required lot area of the zoning district in which the tract lies (e.g., a one-hundred-twenty-thousand-square-foot tract upon which an agricultural greenhouse is proposed in the R-20 Zone would not be allowed to have lot coverage in excess of 20% of 20,000 square feet, which would represent 4,000 square feet of building footprint coverage).
B.
An agricultural greenhouse shall comply with the setbacks for principal structures.
[1]
Editor's Note: Former § 330-162, Recyclables transfer facility, added 4-18-1989 by L.L. No. 8-1989, was repealed 12-22-1992 by L.L. No. 54-1992.
§ 330-162.1 Horse farms; horse stabling facilities; horseback riding academies.
[Added 6-12-1990 by L.L. No. 14-1990]
A.
The minimum lot size shall be 10 acres, except where the Planning Board determines that the general standards of § 330-122 and the following special conditions and safeguards can be met using lesser acreage. In considering sites of less than 10 acres, the Planning Board shall also find that the site is an existing pastoral or farmland setting that will be preserved in perpetuity or that there are less than 10 horses for private use.
B.
There shall be a minimum of 30,000 square feet of open land area for each horse kept, raised or stabled on parcels up to 15 acres, and for any parcel over 15 acres, there shall be a minimum of 20,000 square feet of open area for each horse kept on the portion of the land exceeding 15 acres. Such open land area shall be exclusive of any area occupied by buildings and/or structures.
C.
All horses shall be kept within an area which shall be completely enclosed by a fence sufficient in height and strength to prevent their escape. Notwithstanding the provisions of § 330-109 of this chapter, such fencing may, at the discretion of the Planning Board, be a maximum of six feet in height within the required front yard. The fencing shall be open in nature, such as a wood board or split rail fences. Chain link and wooden stockade-type fences shall not be permitted.
D.
No accumulation of manure or any other material or substance which causes any noxious or offensive odors or dust shall be allowed within 50 feet of any side or rear lot line and 100 feet of any front lot line. The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problem. The Planning Board may impose greater setbacks or requirements where the site is located in close proximity to wetlands or other environmentally sensitive features.
E.
The storage of grain shall be in such manner so as to prevent the proliferation of rodents and other vermin.
F.
An indoor riding training track, exercise ring and/or horse stabling facility may be permitted as an accessory structure, provided that the subject horse farm, horse stabling facilities or horseback riding academy is located on a parcel of 10 acres or greater and shall be set back a minimum of 150 feet from any street line and a minimum of 200 feet from any other property line. The Planning Board may allow such accessory structures to meet the minimum setbacks of the applicable zone, subject to the requirements of the following Subsection G. The overall size of the track or ring structure shall be limited to 15,000 square feet for parcels less than 25 acres, and only one such structure shall be permitted for each 10 acres of lot area. On sites of more than 25 acres, the Planning Board may consider a structure larger than 15,000 square feet, which may include indoor stalls as part of the structure. In no case shall any such structure be larger than 24,000 square feet in size.
[Amended 7-26-2011 by L.L. No. 25-2011]
G.
In consideration of the fact that such horse farm, horse stabling facility and/or horseback riding academy will be primarily located in residentially zoned areas, the architectural style of buildings and structures shall be consistent with other agricultural buildings and as compatible as possible with the surrounding neighborhood, and the buildings shall be of a style and construction satisfactory to the Planning Board. Screening shall be required where it is determined to be necessary to minimize any adverse visual effects on neighboring properties. In siting larger structures, such as an indoor training track or exercise ring, the Planning Board shall consider the topography of the subject property and adjacent sites to take advantage of any natural screening which may be afforded by the land itself and/or by existing vegetated areas. Notwithstanding any provisions to the contrary, the Planning Board may allow the use of structures that existed prior to the effective date of this section, provided that potential impacts upon surrounding residences are minimized to the maximum extent practical.
[Amended 7-26-2011 by L.L. No. 25-2011]
H.
All necessary parking areas shall be located a minimum of 50 feet from any side or rear lot line and 100 feet from any front lot line and shall be screened from view from surrounding properties.
I.
The horse farm, horse stabling facility and/or horseback riding academy may be used for the following purposes: the letting of horses for hire to individuals or groups, whether supervised or unsupervised; and/or horseback riding instruction/training, provided that these activities are sufficiently located away from neighboring residences and appropriate off-street parking and access is made available and there are no signs, other than a farm identification sign, on the premises. The Planning Board may further condition or limit the scope of these activities or uses depending on the amount of property available and the potential impact upon neighboring residences.
J.
The holding of horse shows, rodeos or any other equestrian spectator events shall be prohibited, except that on parcels of 10 acres or greater, three equestrian events per year lasting no longer than an accumulated total of nine days may be held subject to Town Board review and approval in accordance with the provisions of Chapter 283, Special Events, exclusive of the requirements in § 283-6B(1).
[Amended 2-13-2007 by L.L. No. 2-2007]
K.
No other commercial enterprise, either as a principal or an accessory use, such as a tack shop, shall be permitted.
[Added 2-13-2007 by L.L. No. 2-2007]
L.
The Planning Board may require covenants or other similar documents to assure the provisions of this section are adhered to.
[Amended 2-13-2007 by L.L. No. 2-2007]
§ 330-162.2 Community retail center.
[Added 12-8-1992 by L.L. No. 50-1992[1]]
A.
A community retail center shall have a minimum lot size of 200,000 square feet.
B.
The use shall not adversely affect traffic patterns in the community.
C.
The site plan for the project shall include special detail sheets on drainage, sanitary waste systems, outdoor lighting, landscaping and architectural features of all buildings.
D.
A waste management plan shall be provided to ensure the site is kept clean and free of litter.
E.
A shopping cart management plan shall be provided demonstrating how shopping carts will be stored and maintained on the site.
F.
The total number of retail uses on the site shall not exceed one use for each 2,500 square feet of gross leasable floor area.
G.
Lot coverage shall not exceed 20% percent notwithstanding any other provision of this chapter.
H.
Total coverage by buildings, structures, pavement and other impermeable surfaces shall not exceed 70% percent.
I.
The size of the community retail center shall not result in environmental degradation or economic disruption, nor shall it overburden public support services or facilities, including streets, parking lots, police, fire and other necessary services in the community.
J.
The design, scale and appearance of the center shall be compatible with adjacent properties, the neighborhood and the hamlet in which it is to be established.
K.
Lot width at the front lot line shall be a minimum of 250 feet.
L.
Said use shall be in accordance with an approved site plan for unified parking, pedestrian and traffic circulation, waste disposal and other relevant elements.
[1]
Editor's Note: Section 6, Applicability, of this local law stated as follows: "This local law shall not apply to any shopping center or planned retail center proposal for which site plan approval has been granted by the Planning Board before this local law's effective date, provided that the site plan is signed by the owner pursuant to § 330-184K and a building permit is obtained within one year of the effective date of this local law."
§ 330-162.3 Hamlet retail center.
[Added 12-8-1992 by L.L. No. 50-1992[1]]
A.
The use shall not adversely affect traffic patterns in the community.
B.
The site plan for the project shall include special detail sheets on parking, pedestrian and traffic circulation, drainage, sanitary waste systems, outdoor lighting, landscaping and architectural features of all buildings.
C.
A waste management plan shall be provided to ensure the site is kept clean and free from litter.
D.
A shopping cart management plan shall be provided demonstrating how shopping carts will be stored and maintained on site.
E.
The total number of retail uses on the site shall not exceed one use for each 1,500 square feet of gross leasable floor area.
F.
Lot coverage shall not exceed 30% percent notwithstanding any other provision of this chapter.
G.
Total coverage by buildings, structures, pavement and impermeable surfaces shall not exceed 80% percent.
H.
The size of the hamlet retail center shall not result in environmental degradation or economic disruption, nor shall it overburden public support services or facilities, including streets, parking lots, police, fire and other necessary services in the community.
I.
The design, scale and appearance of the center shall be compatible with adjacent properties, the neighborhood and the hamlet in which it is to be established.
J.
Lot width at the front lot line shall be a minimum of 250 feet.
K.
Said use shall be in accordance with an approved site plan for unified parking, pedestrian and traffic circulation, waste disposal and other relevant elements.
[1]
Editor's Note: Section 6, Applicability, of this local law stated as follows: "This local law shall not apply to any shopping center or planned retail center proposal for which site plan approval has been granted by the Planning Board before this local law's effective date, provided that the site plan is signed by the owner pursuant to § 330-184K and a building permit is obtained within one year of the effective date of this local law."
§ 330-162.4 Self-service storage facility.
[Added 3-9-1993 by L.L. No. 6-1993]
A.
Self-service storage facilities shall be limited to dead storage use only. No activities other than rental of storage units and pickup and deposit of dead storage shall be allowed. Examples of activities prohibited in a self-service storage facility include but are not limited to the following: commercial wholesale or retail sales; auctions, garage sales or flea markets; servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or similar equipment; the operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment; the establishment of a transfer storage business; and any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations, but nothing contained herein shall prohibit enforcement of the provisions of the New York State Lien Law.
C.
Interior parking lanes shall be provided adjacent to the storage units. Such lanes shall be a minimum of 10 feet in width.
D.
Interior maneuvering lanes shall be provided around all buildings. For one-way circulation, 12 feet shall be provided. For two-way circulation, 24 feet shall be provided.
E.
A minimum of four spaces shall be provided in front of or in close proximity to the manager's office for the use of prospective clients. Additional parking shall be provided for employees, with a minimum of two spaces.
F.
Required parking spaces shall not be rented as, or used for, outside vehicular storage. However, additional outside parking areas may be provided for the seasonal storage of recreational vehicles (including boats), provided that any such areas are adequately screened and sized for the anticipated use thereof. Such areas shall not be permitted in the front yard of the site.
G.
The self-service storage facility shall be completely enclosed, with provision for controlled exits and entrances. The enclosure shall consist of opaque materials such as brick, stone, architectural tile, masonry units or coated woven wire fencing. No barbed wire or wooden "stockade" fencing shall be permitted. Such enclosure shall be limited to six feet in height, except that portions of the building(s) may be used as part of the enclosure, provided that the portion of the building so used shall have a finished appearance on all walls facing the outside perimeter, such as decorative block or other architectural finish as may be approved by the Planning Board after receipt of a recommendation from the Architectural Review Board.
H.
A landscaping plan shall be included as part of the required site plan and special exception application, which shall depict all landscaping materials to be used to provide adequate visual buffering for the proposed buildings and parking areas. On wooded sites, natural areas may be retained and/or augmented to provide such screening. (Note: Depending on the location of the subject property, restrictions on clearing and the provision of transitional yards found in other sections of this Code may affect the usage and landscaping of the site.)
I.
All outdoor lighting shall be shielded to direct light and glare onto the subject premises and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be reflected, shaded and focused away from all adjoining properties.
J.
Signs shall be installed in accordance with applicable provisions of this Code; however, no signs shall be permitted on any portions of the security fencing.
K.
Rental unit size shall be limited to a maximum of 300 square feet, and no single tenant shall be permitted to rent or lease more than 4,000 square feet.
L.
No one-story building shall be longer than 250 feet in length, and no two-story building shall be longer than 200 feet in length.
M.
Self-storage facilities located within the Highway Business (HB) Zoning District shall be required to design said facility to be harmonious with the vernacular architecture of the particular hamlet and meet the following additional design standards:
[Added 1-11-2022 by L.L. No. 1-2022]
(1)
At a minimum, all structures associated with said use will be designed to reflect the maritime and/or agriculture heritage of a given hamlet and shall be consistent with the scale and character of structures which have been historically developed within the Town.
(2)
Generic and standard architectural design derivatives of national or regional chains shall not be permitted.
(3)
Flat roofs are prohibited.
(4)
Gable, gambrel and/or hip roofs shall be encouraged.
(5)
Mansard roofs shall be a maximum of seven feet in height and shall be designed in proportion to the size of the facade below. The roof shall step in from the eave to the top of the mansard one to two feet.
(6)
Roof massing. Single-roof type is not encouraged for structures more than 5,000 square feet, unless a green roof is proposed. Larger buildings shall have a more complex roof design which consists of the main roof with lower and intersecting secondary roof types.
(7)
Maximum setbacks should be established for particular areas where new facilities may compromise the visual continuity of a street or corridor. When necessary, landscape screening of parking and loading areas shall include tall evergreen trees, shrubs, and/or berms.
§ 330-162.5 Waterfront business complex.
[Added 3-14-1995 by L.L. No. 14-1995]
A.
The minimum lot area shall be 120,000 square feet (exclusive of underwater land).
B.
Individual uses in the complex shall be approved by the Planning Board rather than be limited to those permitted or special exception uses for the RWB Zoning District as listed in § 330-33. The uses approved by the Planning Board shall be consistent with the Town's goal of encouraging water-dependent or water-enhanced uses along its commercial waterfront areas.
C.
The complex shall be designed to include a method for providing public access to the waterfront. This can be accomplished through the creation of docks, decks, promenades, public access walkways or the like.
D.
The complex shall be designed as an overall coordinated site master plan, integrating all existing and proposed buildings and structures (including parking, landscaping, buffers, pedestrian walkways, access drives) with a unifying architectural style that speaks to and respects the Town's English Colonial Heritage, Native American culture, maritime history and/or similar theme depending on a given site's contextual relationship with the history, geography and architectural styles of the surrounding area.
E.
Where a mix of compatible uses generating varying peak parking periods is proposed and the applicant can demonstrate that the overall parking demand can be met by the construction of a lesser amount of spaces, the Planning Board may consider shared-use parking calculations and/or landbanked parking, allowing a maximum reduction of 25% in the aggregate total parking as required pursuant to other sections of this chapter.
F.
If, in the opinion of the Planning Board, the proposed project appropriately provides public benefits and recreational opportunities to the public at large, the Planning Board is authorized to relax the setbacks required by any other sections of the Code of the Town of Southampton. Where the relaxation of setbacks is authorized, the Planning Board must make a specific finding that the relaxation of those setbacks will not cause adverse environmental impacts.
G.
There shall be no outdoor public address system or music system audible beyond the limits of the property, except in connection with any special event permits issued by the Town Board.
H.
The location and design of the complex shall not cause or result in significant adverse impacts to surrounding residential neighborhoods or business districts; environmental degradation; economic disruption; traffic congestion; or overburdened public support systems, including streets, parking lots, police, fire and other necessary services to the community.
I.
Notwithstanding the provisions of § 330-5 (definition of "waterfront business complex"), the Planning Board may consider a waterfront business complex on a non-waterfront lot or parcel in cases where such land is immediately separated from the waterfront by a minor local street (as defined in the 1970 Master Plan of the Town of Southampton and Article II, § 292-3, Subsection G of the definition of "streets, highways and common access," of the Subdivision Regulations of the Town of Southampton) and where said minor local street provides public access to the waterfront capable of supporting a water-dependent use or activity, such as fishing, thereby ensuring consistency with the goals and intent of this section.
§ 330-162.6 Bed-and-breakfast in accessory buildings.
[Added 6-27-1997 by L.L. No. 24-1997; amended 1-28-2003 by L.L. No. 4-2003]
A.
The use of an accessory building for guest facilities shall be incidental and accessory to the residential use of the premises and shall comply with the applicable standards set forth in Article XXII of this chapter. The Planning Board's approval of the use of an accessory building for guest facilities shall be valid so long as a yearly bed-and-breakfast permit is obtained pursuant to Article XXII of this chapter.
B.
The accessory building shall be set back at least 30 feet from all rear and side lot lines.
C.
No more than two guest bedrooms may be located within an accessory building. Guest facilities may include bathrooms and a sitting room, but no kitchen, vending machines or cooking facilities shall be located within the accessory building.
D.
An accessory building containing guest facilities shall not exceed 800 square feet gross floor area.
F.
The accessory building shall meet the minimum requirements of Chapter 123, Building Construction, of the Town Code and the New York State Fire Prevention and Building Code, and Section AJ701.1-1.4 of the Residential Code of the State of New York.
G.
Approval shall be obtained from the Suffolk County Department of Health Services for the water supply and sanitary waste facilities for the accessory building.
H.
The Planning Board may require reasonable conditions necessary to protect the environment and adjoining residential uses.
I.
The Planning Board may require a performance bond, covenant or other similar documents to assure that the guest facilities are removed or made to conform if a bed-and-breakfast permit is not obtained and to assure that other provisions of this section are adhered to.
J.
The provisions of this section may not be varied or waived, unless a use variance is granted by the Zoning Board of Appeals.
K.
Guest facilities shall not be located in more than one accessory building.
§ 330-162.7 Miniature golf.
[Added 7-14-1998 by L.L. No. 18-1998]
A.
The Planning Board shall make a determination that the proposed use is consistent with the following definition: "miniature golf" shall constitute a business establishment open to the general public for a fee and providing for amusement and recreation opportunities involving artificial playing surfaces that enable participants utilizing a golf club, generally of the putter type, to strike a golf ball in order to propel it from a tee area along the playing surface to a cup. The miniature golf course consists of a series of holes, including tees, playing surfaces and cups. The game is played by proceeding from one hole to the next. The playing surfaces or holes are located along the ground and designed to provide different angles of approach to each cup and decorative plantings and objects on and adjacent to the playing surfaces.
B.
A miniature golf course shall not occupy more than one acre, but may be situated with other permitted and special exception uses on a parcel consistent with this chapter of the Town Code.
C.
The Planning Board, upon reviewing an application for a miniature golf facility, may modify the front, side and rear yard setbacks applicable to playing surfaces, cups, decorative objects and other related miniature golf course structures as may be required by § 330-34, Business Districts Table of Dimensional Regulations, of the Zoning Code. Where the modification of dimensional regulations is authorized, the Planning Board must make a specific finding that the modification of those dimensional regulations will not cause environmental or neighborhood impacts.
D.
The Planning Board, upon reviewing an application, may modify the minimum required transitional side and rear yard as specified by § 330-83G(1) to permit playing surfaces, cups, decorative objects and other related miniature golf course structures therein, where natural, physical or other existing features are present and the goals of § 330-83G(1) will be accomplished. However, the required transitional side and rear yards can not be reduced to less than 25 feet.
E.
A lighting plan shall be provided to ensure that lighting will not impact abutting or adjacent properties.
F.
A landscaping plan shall be provided to screen off-street parking and on-site activities adjacent to residential properties and public road frontages.
§ 330-162.8 Wireless communications towers and antennas.
[Added 11-24-1998 by L.L. No. 42-1998]
All new wireless communications towers and antennas, or modifications to existing towers or antennas, requiring special exception permission shall comply with all applicable standards and conditions as set forth in Article XXVII of this chapter.
§ 330-162.9 Alcohol or substance rehabilitation centers.
[Added 11-13-2001 by L.L. No. 52-2001]
A.
A needs/demand statement, to address regional and local demand, and a management and operations statement must be demonstrated. Said statement shall, as a minimum, review and analyze the existing ratios of the nearest hamlet population to facility beds, slots, or enrollment.
B.
A security plan addressing the needs of the facility’s residents as well as those in the surrounding community, including a description of the supervision to be provided to the residents.
C.
A description of all activities to be provided on the site.
D.
A description of any needs which may be required by residents of the facility which will not be available on site, and a statement indicating how these needs will be met off site.
E.
A statement demonstrating how the intensity and location of the proposed facility will not unreasonably adversely impact upon existing uses or change the character of the area in which it is proposed.
F.
The lot area shall be not less than 15,000 square feet, nor shall it have a frontage of less than 150 feet along a public street, except that in no case shall the lot area or the frontage be less than that required in the applicable district.
G.
All buildings shall be set back at least 20 feet from any property line, and in no case shall be setback be less than that required in the applicable district.
H.
There shall be a minimum of one-quarter-mile separation between parcels having individual, separate, similar types of special exception uses.
I.
Similar types of uses that have the same owner and operator may be located on contiguous parcels or on adjacent parcels that are separated by a street or road, provided that a comprehensive plan is developed showing how the facilities share services and infrastructure such as pedestrian and vehicular access, parking facilities, off-street loading, and signage.
J.
An alcohol or substance rehabilitation center shall not be located within 1,000 feet from any school, playground or park.
K.
An alcohol or substance rehabilitation center shall be located within one-quarter-mile walking distance of a hamlet center or mass transit services.
L.
The owner and operator shall be licensed for this type of use as required by the applicable local, county, state and federal agencies.
M.
Prior to approval, consideration shall be given to all applicable regulations governing such occupancies, including the recommendations of the local Fire Chief having jurisdiction.
§ 330-162.10 Homeless shelters.
[Added 11-13-2001 by L.L. No. 52-2001]
A.
A needs/demand statement and management and operations statement must be demonstrated. Said statement shall, as a minimum, review and analyze the existing ratios of the nearest hamlet population to facility beds, slots, or enrollment.
B.
A security plan addressing the needs of the facility’s residents as well as those in the surrounding community, including a description of the supervision to be provided to the residents.
C.
A description of all activities to be provided on the site.
D.
A description of any needs which may be required by residents of the facility which will not be available on site, and a statement indicating how these needs will be met off site.
E.
A statement demonstrating how the intensity and location of the proposed facility will not unreasonably adversely impact upon existing uses or change the character of the area in which it is proposed.
F.
The lot area shall be not less than 40,000 square feet, nor shall it have a frontage of less than 150 feet along a public street, except that in no case shall the lot area or the frontage be less than that required in the applicable district.
G.
All buildings shall be set back at least 20 feet from any property line, and in no case shall the setback be less than that required in the applicable district.
H.
There shall be a minimum of one-quarter-mile separation between parcels having individual, separate, similar types of special exception uses.
I.
Similar types of uses that have the same owner and operator may be located on contiguous parcels or on adjacent parcels that are separated by a street or road, provided that a comprehensive plan is developed showing how the facilities share services and infrastructure such as pedestrian and vehicular access, parking facilities, off-street loading, and signage.
J.
An alcohol or substance rehabilitation center shall not be located within 1,000 feet from any school, playground or park.
K.
Shall be located within one-quarter-mile walking distance of a hamlet center or mass transit services.
L.
The owner and operator shall be licensed for this type of use as required by the applicable local, county, state and federal agencies.
M.
Prior to approval, consideration shall be given to all applicable regulations governing such occupancies, including the recommendations of the local Fire Chief having jurisdiction.
§ 330-162.11 Colleges and universities.
[Added 11-13-2001 by L.L. No. 52-2001]
A.
A master plan and facilities plan shall be provided for the current uses on all property owned by the college or university and all anticipated uses within a minimum of the next five years. These plans shall show adjacent properties and surrounding uses and the potential impacts on them by the proposed development.
B.
The lot area shall be not less than 25 acres, nor shall it have a frontage of less than 150 feet along a street, except that in no case shall the lot area or the frontage be less than that required in the applicable district. The total lot area shall be computed on one or more lots of the same ownership, whether contiguous or, in the Planning Board’s opinion, in near proximity, so long as the use is dedicated to the college or university use.
C.
All buildings shall be set back at least 100 feet from any property line, and the building setbacks shall not be less than that required in the applicable district except as established below.
D.
If, in the opinion of the Planning Board, the proposed project appropriately provides public benefits and educational opportunities to the public at large, the Planning Board is authorized to relax the setbacks required by any other sections of the Code of the Town of Southampton. Where such use requires waterfront for establishing waterfront educational improvements, the building setbacks may be reduced by up to 50% of that required for the particular zoning district. Where the relaxation of setbacks is authorized, the Planning Board must make a specific finding that the relaxation of those setbacks will not cause adverse environmental or neighborhood impacts.
E.
For the purpose of establishing the number of required off-street parking spaces, the proximity of the proposed use to the primary campus and the applicant can demonstrate that the overall off-street parking demand of the college or university can be met by the construction of a lesser amount of spaces, the Planning Board may consider shared-use parking calculations and/or landbanked parking, allowing a maximum reduction of 25% in the aggregate total parking as required pursuant to other sections of this chapter.
F.
Outdoor lighting shall not project light onto nor shall light sources be visible from neighboring properties.
G.
Prior to approval, consideration shall be given to all applicable regulations governing such occupancies, including the recommendations of the local Fire Chief having jurisdiction.
§ 330-162.12 Campgrounds, summer camps, day camps or health camps.
[Added 11-13-2001 by L.L. No. 52-2001]
A.
The lot area shall be not less than 10 acres, nor shall it have a frontage of less than 150 feet along a street, except that in no case shall the lot area or the frontage be less than that required in the applicable district.
B.
All buildings shall be set back at least 100 feet from any property line, and in no case shall the setback be less than that required in the applicable district.
C.
A minimum one-hundred-foot landscape buffer shall be provided adjacent to any property line.
D.
Each campsite shall contain at least 2,000 square feet.
E.
No overnight residential building or structure shall be permitted, except for one permanent dwelling for the use of a caretaker or other custodial person.
F.
No campground may be occupied by the same person or persons for more than 30 days in any one calendar year.
G.
Prior to approval, consideration shall be given to all applicable regulations governing such occupancies, including the recommendations of the local Fire Chief having jurisdiction.
§ 330-162.13 Recreational vehicle parks.
[Added 11-13-2001 by L.L. No. 52-2001]
A.
The lot area shall be not less than 10 acres, nor shall it have a frontage of less than 150 feet along a street, except that in no case shall the lot area or the frontage be less than that required in the applicable district.
B.
All buildings shall be set back at least 100 feet from any property line, and in no case shall the setback be less than that required in the applicable district.
C.
A minimum fifty-foot landscape buffer shall be provided adjacent to any property line.
D.
The total number of vehicle spaces shall not exceed the permitted density of the underlying zoning.
E.
No overnight residential building or structure shall be permitted, except for one permanent dwelling for the use of a caretaker or other custodial person.
F.
Prior to approval, consideration shall be given to all applicable regulations governing such occupancies, including the Suffolk County Department of Health Services and the recommendations of the local Fire Chief having jurisdiction.
§ 330-162.14 Hospitals.
[Added 11-13-2001 by L.L. No. 52-2001]
A.
A needs/demand statement and management and operations statement must be demonstrated.
B.
The lot area shall be not less than five acres, nor shall it have a frontage of less than 200 feet along a street, except that in no case shall the lot area or the frontage be less than that required in the applicable district.
C.
All buildings shall be set back at least 100 feet from any property line, and in no case shall the setback be less than that required in the applicable district.
D.
A minimum fifty-foot landscape buffer shall be provided adjacent to any property line.
E.
A minimum of 20% of the gross site area shall be open space. The open space shall be generally contiguous and accessible to all residents.
F.
Buildings and structures shall not occupy more than 25% of the site.
§ 330-162.15 Passenger transportation centers.
[Added 11-13-2001 by L.L. No. 52-2001]
A.
The lot area shall be not less than two acres, nor shall it have a frontage of less than 150 feet along a street, except that in no case shall the lot area or the frontage be less than that required in the applicable district.
B.
A minimum fifty-foot landscaped buffer shall be provided along the front and rear property line.
C.
A design shall be provided in such a way to minimize noise and exhaust fumes on surrounding properties.
D.
Proposed facilities shall be located in an area with good access to major streets and designed in such a way to minimize conflicts with pedestrian traffic in the area.
§ 330-162.16 Taxicab terminals.
[Added 11-13-2001 by L.L. No. 52-2001]
A.
The lot area shall not be less than 40,000 square feet.
B.
A minimum fifty-foot landscaped buffer shall be provided along the front and rear property line.
C.
A design shall be provided in such a way to minimize noise and exhaust fumes on surrounding properties.
D.
Proposed facilities shall be located in an area with good access to major streets and designed in such a way to minimize conflicts with pedestrian traffic in the area.
§ 330-162.17 Adult entertainment.
[Added 10-26-2001 by L.L. No. 48-2001]
Adult entertainment shall include adult bookstores, adult clubs or adult eating or drinking clubs, adult entertainment, adult establishments, adult live performances, adult massage, adult massage parlors, adult novelty shops, adult paraphernalia, adult photographic reproductions, adult printed materials, adult theaters, adult video stores, nude, nudity or seminudity, and other adult commercial facilities. Adult entertainment shall be regulated as follows:
A.
The lot line of an adult establishment shall not be located within 1,500 feet of the lot line of another lot on which another adult establishment is located.
B.
The lot line of an adult establishment shall not be located within 1,500 feet of the lot line of any sensitive receptor.
C.
No more than one adult establishment shall be located on any one lot.
D.
No adult establishment shall exceed more than 2,000 square feet of gross floor area.
E.
No use shall be permitted within 1,500 feet of a church, school and park.
§ 330-162.17.1 Exemptions.
[Added 10-26-2001 by L.L. No. 48-2001]
Nothing herein shall be construed to apply to, prohibit, regulate or otherwise affect the following uses, and shall not subject said uses to the provisions of this section:
A.
Commercial art studios, art exhibits and art galleries which receive their primary source of revenue through the sale of commercial art.
C.
Business schools, trade schools, junior colleges, colleges, universities, medical schools or health science schools duly licensed by the New York State Department of Education.
D.
Medical facilities recognized by the State of New York, including holistic facilities and/or medical, holistic or psychological professionals or physical, massage or chiropractic therapists duly licensed by the State of New York.
E.
Establishments where a medical, psychological or similar professional, licensed by the State of New York, engages in medically approved and recognized sexual therapy.
F.
Barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders.
G.
Training facilities for any amateur, semiprofessional or professional athletes, athletic teams or school athletic programs.
H.
Health clubs which have facilities and equipment for physical exercise, such as tennis courts, racquetball courts, swimming pools, weight-lifting rooms or exercise machinery rooms, and which do not receive their primary source of revenue through the administration of massages.
§ 330-162.17.2 Applicability.
[Added 10-26-2001 by L.L. No. 48-2001]
A business or commercial enterprise is deemed an adult establishment, subject to the regulations set forth herein, when adult entertainment comprises a substantial portion of its business. "Substantial portion" shall be determined as follows:
A.
Generally. The following shall be considered in determining "substantial portion":
(1)
Amount of floor area and cellar space accessible to customers and allotted to adult entertainment of any type, generally, or as compared to the total floor area and cellar space accessible to customers; and/or
(2)
Amount of adult entertainment stock-in-trade of any type accessible to customers, generally, or as compared to total stock accessible to customers; and/or
(3)
Revenues derived from adult entertainment of any type, generally, or as compared to total revenues; and/or
(4)
Advertising devoted to adult entertainment of any type, generally, or as compared to total advertising; and/or
(5)
Use of the establishment for adult entertainment of any type, generally, or as compared to total use thereof.
B.
Conclusively. The following shall be conclusive in determining "substantial portion":
(1)
Forty percent or more of floor area and cellar space accessible to customers allotted to adult entertainment of any type; and/or
(2)
Forty percent or more of its stock-in-trade in adult entertainment materials of any type; and/or
(3)
Forty percent or more of its gross income derived from adult entertainment of any type; and/or
(4)
Forty percent or more of its advertising devoted to adult entertainment of any type; and/or
(5)
Forty percent or more of its business, generally, engaged in adult entertainment of any kind.
§ 330-162.18 Hamlet Office/Residential and Hamlet Commercial/Residential building size.
[Added 8-26-2003 by L.L. No. 65-2003]
A.
Buildings that are proposed either in the Hamlet Office (HO) or Hamlet Commercial (HC) zoning districts may be greater than 3,000 square feet in size, but no building shall be greater than 6,000 square feet in size, subject to the following standards:
B.
For buildings larger than 3,000 square feet, up to a maximum of 4,000 square feet, the minimum side and rear transition yard shall be 35 feet.
C.
For buildings larger than 4,000 square feet, the minimum side and rear transition yard shall be 50 feet.
§ 330-162.19 Hamlet Office/Residential and Hamlet Commercial/Residential dwellings.
[Added 8-26-2003 by L.L. No. 65-2003]
A.
For a three-family detached dwelling, one development right shall be acquired or one Pine Barren credit (PBC) pursuant to Article XXIV of this chapter or at least one dwelling unit shall be reserved for a moderate-income family as defined in § 330-5. There shall be no more than three dwelling units per lot.
B.
For a four-family detached dwelling, one development right or one (1) Pine Barrens Credit (PBC) shall be acquired pursuant to Article XXIV of this chapter. In addition, at least one dwelling unit shall be reserved for a moderate-income family as defined in § 330-5. There shall be no more than four dwelling units per lot.
C.
Rental or ownership of dwelling units reserved for affordable housing shall comply with the requirements of Chapter 216 of the Town Code.
D.
Owner occupancy required. The owner or owners of the lot upon which the accessory apartment is located shall reside within the principal dwelling or the accessory apartment, and said dwelling or apartment shall be considered the owner's or owners' domicile or principal place of abode. No other owner or owners shall own a larger percentage collectively or individually than the owner-occupant.
E.
At least one additional off-street parking space shall be provided for on the lot for the accessory apartment, and such space(s) shall not be located in the required minimum front yard. The Building Department may require additional off-street parking spaces where the occupant(s) of the dwelling or accessory apartment own more than one vehicle.
F.
If a second or new entrance to the accessory apartment is constructed, ground floor outside entrances to the accessory apartment shall be from the side or rear yard. Second-floor outside entrances shall be from the rear yard.
G.
A dwelling to which the accessory apartment is to be added pursuant to this article shall not be eligible for a seasonal rental permit under Article XIV of this chapter.
H.
Only the owner-occupant of the residence may apply for this building permit and shall execute such agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the Town as, upon recommendation of the Town Attorney, will ensure that:
(1)
The principal dwelling or the apartment is the domicile of the owner-occupants.
(2)
The principal dwelling or the apartment is the domicile of all tenants therein.
(3)
The apartment or any proprietary or other interest therein will not be sold to the tenant or any other party, except as part of a sale of the entire residence in which the apartment is located.
(4)
All leases of the rental apartment shall be in writing and made available to the Town Building Department upon request and shall be for a minimum of a one-year term.
(5)
The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom.
(6)
Any other condition deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community is met.
§ 330-162.20 Vending vehicles accessory to restaurants.
[Added 1-13-2015 by L.L. No. 2-2015]
A.
An accessory vending vehicle shall be defined as a motorized, self-propelled, mobile vehicle in which food items are able to be substantially prepared and sold to the general public. An accessory vending vehicle must be licensed to operate under the same name as the primary restaurant use.
B.
An accessory vending vehicle, as an accessory use to an existing or new restaurant, shall be subject to site plan review; however, if the primary use restaurant is operating pursuant to a valid, approved site plan, such application for special exception shall be subject only to the following:
C.
An accessory vending vehicle shall attain all required licenses and permits associated with the nature of their accessory vending vehicles. This includes, but is not limited to, Suffolk County Department of Health Services business certificates and/or a Southampton peddler's license, as may be applicable, except that, where any other law or ordinance or regulation imposes a greater restriction, such law, ordinance or regulation shall control.
E.
An accessory vending vehicle must be parked in the parking lot of the restaurant to which it is an accessory use, in a location so as not to impede safe motor vehicle and pedestrian circulation.
F.
When not in operation, the accessory vending vehicle is to be stored in a designated truck stall located at the rear of the parking lot so as not to be seen from the public right-of-way to the maximum extent possible. The designated truck stall shall be a minimum of 12 feet by 25 feet.
G.
The accessory vending vehicle shall only operate when the primary restaurant is not open to the public.
H.
Accessory vending vehicles are required to pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed from the truck and to provide a litter receptacle which is clearly marked with a sign requesting its use by patrons.
I.
Temporary outside seating accommodating no more than 16 individuals shall be permitted so long as it does not impede safe motor vehicle and pedestrian operation and is removed when the accessory vending vehicle is not operating, unless the outdoor seating is approved as part of the principal restaurant use.
J.
Accessory vending vehicles may not play amplified music from the truck.
L.
All mechanical equipment, utilities, and other support facilities such as LP tanks, transformers, condensers, heating, ventilating and air-conditioner units, etc., shall be self contained within the accessory food vending vehicle; however, no restrictions contained herein shall prevent a mobile food vending vehicle from obtaining electrical power from an on-site power source outside of the truck, provided such power source and electrical connections comply with all applicable law.
M.
No alcoholic beverages shall be sold and/or distributed in any manner associated with the actual operation of an accessory vending vehicle.
§ 330-162.21 (Reserved) [1]
[1]
Editor’s Note: Former § 330-162.21, Battery energy storage systems in excess of 600 kWh, was repealed 6-10-2025 by L.L. No. 19-2025. Prior history includes: 1-26-2021 by L.L. No. 3-2021.
§ 330-162.22 Medical marijuana dispensary.
[Added 3-22-2022 by L.L. No. 10-2022]
A.
The Planning Board may request a traffic impact analysis which determines that the existing roadway network in the area of the proposed development will be able to handle the existing through traffic, plus the additional traffic that the development will generate.
B.
The overall appearance and layout of the medical marijuana dispensary, including both the building and the site, and the operation thereof, shall be designed to be in conformity with the character of the community in which it is located. Generic and standard architectural design derivatives of national or regional chains shall not be permitted. Architectural design, including the use of facade materials, roof materials, window and door treatments, lighting, landscaping and signage, shall be reflective of and harmonious with the vernacular architecture of the particular hamlet in which the medical marijuana dispensary is located. Excessive signage and lighting shall be prohibited.
C.
The proposed medical marijuana dispensary shall not be located within close proximity (minimum 3,000 feet) of another lot on which another medical marijuana dispensary is located.
D.
Said use shall not be permitted within 500 feet of a school or within 200 feet of a house of worship.
E.
Each applicant proposing a medical marijuana dispensary shall provide the Department of Land Management with an inventory of existing medical marijuana dispensaries that are either within the jurisdiction of the Town or within one mile of the border thereof.
F.
A medical marijuana dispensary shall submit evidence that all necessary licenses and/or permits have been obtained from New York State and all other applicable agencies to the Town prior to the issuance of a certificate of occupancy. Said licenses and/or permits shall be posted in a conspicuous place, near the main exit or exit access doorway.
G.
A medical marijuana dispensary shall have a security system and cameras to prevent and detect diversion, theft, or loss, using commercial-grade equipment.
§ 330-162.23 Physical fitness facilities.
[Added 12-28-2021 by L.L. No. 27-2021]
A.
Industrial use activities, if consistent with good industrial practices and established prior to the surrounding nonindustrial activities, are deemed reasonable and shall not be considered a nuisance or an interference with the comfortable enjoyment of life and property, unless the activity has a substantial adverse effect on the public health and safety, and provided that such activities are not being conducted in violation of any other provision of the Town Code.
B.
The Planning Board shall consider the existing traffic and pedestrian circulation and make findings that they will not be negatively impacted and/or interrupted by the proposed development.
C.
The applicant shall demonstrate that the proposed physical fitness use can be accommodated in terms of parking requirements and traffic. All traffic signs and pavement markings shall be in accordance with the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD). Pedestrian crosswalks and signs shall be in accordance with the NYS MUTCD and shall be provided at locations where significant crossing activities occur, such as at main building doorways and across drive-through lanes.
§ 330-162.24 Solar energy systems, commercial-scale.
[Added 2-28-2023 by L.L. No. 9-2023]
B.
Opportunity areas. Regardless of current zoning classification, the following shall be considered for the siting of commercial-scale solar energy systems (primary or accessory use):
(1)
Landfills.
(2)
Sand mines.
(3)
Preexisting, nonconforming light industrial uses that can be converted to solar.
(4)
Junkyards.
(5)
Existing parking lots.
(6)
Golf courses, where scenic view sheds or other environmentally sensitive areas are not impacted.
(7)
Designated cleanup sites or other lands designated by the NYSDEC or other relevant agency for environmental clean-up.
(8)
Previously disturbed areas, defined as land which has undergone substantial disturbance, construction, or demolition activities as a result of previous land uses prior to the effect date of this chapter, including parcels within the Central Pine Barrens, if standards/guidelines are met/or a hardship waiver has been granted.
(9)
Roofs of existing commercial structures.
(10)
Municipal properties.
(11)
Parcels that have been previously cleared prior to 1995 that can reasonably be expected to have continuous solar access considering clearing restrictions within the Aquifer Protection Overlay District.
(12)
Recharge basins or other parcels set aside through the subdivision process.
C.
Avoidance area. A commercial-scale solar energy systems shall not be located or permitted in the following avoidance areas:
(1)
Flood hazard zones, unless compliance with FEMA can be achieved without significant visual or safety impacts.
(2)
Aquifer Protection Overlay District (APOD) parcels where the clearing standards cannot be met without the need for waivers or a variance and continuous solar access is not guaranteed.
(3)
Lands in active agricultural production and lands identified as having prime agricultural soils, unless generating no more than 100% of the electricity consumed on-site for the farming operations (as determined over the previous 12 months) and not located so as to disturb or remove prime agricultural soils.
(4)
Open space/greenbelt areas.
(5)
Historically and culturally significant resources, unless it can be demonstrated that an installation will not adversely affect the historic resource and is fully reversible.
(6)
Designated conservation areas, including but not limited to lands purchased through the Community Preservation Fund, except municipal facilities such as landfills located in areas previously designated in OSC.
(7)
Scenic corridors or viewsheds as identified within the Comprehensive Plan, unless the installation is fully camouflaged and is found to not compromise the scenic corridor or viewshed.
(8)
Wetlands, both tidal and freshwater.
D.
Parcels upon which commercial-scale solar energy systems are proposed shall adhere to the dimensional regulations for the applicable zoning district with additional standards as set forth below:
(1)
Except for municipally owned parcels, the minimum lot area for all residentially zoned parcels proposing a large-scale system shall be 120,000 square feet.
(2)
Setback requirements:
(a)
Parcels entirely located in the LI-40, LI-200, shall meet the underlying front, rear and side yard setbacks.
(b)
The minimum setback to property lines of parcels developed with residential dwellings or platted for future residential development shall be 100 feet.
(c)
When two or more commercial-scale solar systems share a common boundary, setbacks from such boundary for both facilities may be waived when found appropriate.
(d)
(Reserved)
(e)
The Town of Southampton Planning Board may approve reduced setbacks or coverage commercial-scale when abutting residential lots. To the extent that existing vegetation or natural land forms on the site provides such screening, this requirement may be modified to reflect field conditions. If existing vegetation or land forms providing the screening are disturbed, new plantings shall be provided which accomplish the same objective. Opaque architectural fencing may be used to supplement other screening methods but shall not be the primary method.
(f)
Ground cover on the site shall be native vegetation and maintained in accordance with a landscaping maintenance plan approved by the Planning Board. Incorporation of native plant species that require no pesticides, herbicides, and fertilizers or the use of pesticides and fertilizers with low toxicity, persistence, and bioavailability shall be used, as determined by the Planning Board. When feasible, all such systems shall incorporate native perennial vegetation designed to attract pollinators.
E.
Application and site plan review requirements. Applications for commercial-scale solar energy systems, including materials for site plan and/or special exception review, shall include the following:
(1)
Name, address, and contact information of the owner and/or operator of the solar energy system.
(2)
Name, address, contact information, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.
(3)
Proposed nameplate capacity of the solar energy system (as expressed in both kW and MW).
(4)
Zoning district designation for the parcel(s) of land comprising the facility area and a detailed plan of the facility area.
(5)
Property lines and physical features, including roads, for the project site.
(6)
Adjacent land uses on contiguous parcels within a 100-foot radius of the site boundary.
(7)
Proposed changes to the landscape of the site, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.
(8)
Clearing calculations shall be provided on a survey for parcels greater than 10 acres.
(9)
Erosion and sediment control and storm water management plans to the satisfaction of the Town Engineer.
(10)
A one- or three-line electrical diagram detailing the entire solar energy system layout, including the number of solar panels in each ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram should describe the location and layout of all battery energy storage system components if applicable and should include all applicable setback and other bulk and area standards.
(11)
A preliminary equipment specification sheet that documents all proposed solar panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.
(12)
Vehicular paths. Vehicular paths within the facility area shall be designed in compliance with Uniform Code requirements to ensure emergency access, while minimizing the extent of impervious materials and soil compaction.
(13)
No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Signage plans shall indicate this within an area no more than eight square feet. As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(14)
Substation and infrastructure information and any planned upgrades thereto shall be submitted in connection with any application. Substation upgrades or new construction that will result in a new substation, an enlarged substation, change to the height of existing poles in a right-of-way, new utility poles or any other change that affects the character of an existing residential area shall be disclosed with visual information for public review.
(15)
Each applicant proposing a commercial-scale solar facility shall provide the Department of Land Management with an inventory of existing commercial-scale solar facilities, of which the applicant is aware that are within one mile of the proposed project area. Said submission shall include such specific information about the location, size and design of each commercial-scale solar facility. For purposes of measurement, commercial-scale solar facility setbacks and separation distances shall be calculated and applied to facilities located in the Town, irrespective of municipal/jurisdictional boundaries. This information may be spatially mapped and available to the public.
F.
Fencing. All solar energy system equipment as defined in § 330-5, is granted a maximum fencing height of seven feet from grade with a self-locking gate to prevent unauthorized access as required by the NEC (National Electric Code). Fencing is prohibited on top of walls.
G.
Noise. The proposed solar facility shall demonstrate compliance with Town Code Chapter 235, Noise.
H.
Prior to obtaining a building permit, all applicants shall obtain a grid-interconnection agreement from LIPA or the local energy provider (or successor) which states at a minimum: the location of the project, the anticipated size of the commercial-scale solar facility, whether the existing energy system can accommodate the proposal, and whether any infrastructure, substation additions or upgrades are required due to the commercial-scale solar facility proposal.
I.
EMF exposure limits. The EMF exposure limits at property lines shall be two milligauss (mG) or less, except where the connection lines exit the property.
J.
New commercial-scale solar energy systems shall coordinate with the applicable Town emergency services staff to provide materials, education, and/or training to the departments serving the property with emergency services in how to safely respond to on-site emergencies.
K.
Decommissioning. All site plan applications shall include a decommissioning plan. The decommissioning plan shall include the following:
(1)
A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all commercial-scale solar energy system components, structures, and equipment.
(2)
Commercial-scale solar systems which have reached the end of their useful life or have not been in active and continuous service for a period of 12 months shall be deemed to have been abandoned and shall be removed at the owner's or operator's expense.
(3)
The owner or operator shall notify the Town Planning and Development Administrator by certified mail and in person of the proposed date of discontinued operations and plans for removal.
(4)
Decommissioning shall include removal of all solar electric systems, buildings, cabling, electrical components, security barriers, roads, foundations, pilings, and any other associated facilities, so that any ground upon which the facility and/or system was located is again suitable for future uses. A restoration plan shall be prepared by a licensed design professional and submitted to the Town of Southampton Planning Board for approval. The site shall be graded and reseeded to restore it to as natural a predevelopment condition as possible or replanted with native plantings to stimulate predevelopment conditions as indicated on the preliminary site plan. Any exception to site restoration, such as leaving access roads in place or seeding instead of planting seedlings shall be requested by the landowner in writing, and this request shall be approved by the Town of Southampton Planning Board.
(5)
The site shall be completely regraded and reseeded or replanted within 12 months of removal of solar facilities. Regrading and reseeding or replanting shall be initiated within a six-month period of removal of equipment.
(6)
Hazardous material from the property shall be disposed of in accordance with federal and state law.
(7)
Decommissioning shall be performed in compliance with the approved decommissioning plan. Town of Southampton Planning Board may approve any appropriate amendments to or modifications of the decommissioning plan. The Planning Board shall require a performance bond for the duration of the operation of the commercial-scale solar facility for the purposes of decommissioning said facility as described above.
L.
Decommissioning fund. The owner and/or operator of the solar energy system shall continuously maintain a fund payable to the Town of Southampton, in a form and amount approved by the Town for the removal of the solar energy system, for the period of the life of the facility. All costs of the financial security shall be borne by the applicant.
M.
Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the successor owner or operator shall assume in writing all of the obligations of the site plan approval, and decommissioning plan. A new owner or operator of the commercial-scale solar energy system shall notify the Building Division of such change in ownership or operator within 30 days of the ownership change.
N.
For solar energy systems subject to site plan/special exception review, a schedule of fees to recover expenses associated with outside engineering, environmental, or legal services determined to be reasonably necessary in the processing of an application under this law shall be included in the Land Management fee schedule, as amended from time to time.
§ 330-162.25 Living quarters for golf course employees.
[Added 3-14-2023 by L.L. No. 14-2023]
A.
Living quarters for golf course employees shall be located on the same property as an eighteen-hole golf course and only for as long as the golf course exists.
B.
Living quarters for golf course employees shall be located no less than 150 feet from any side and rear lot line and shall be no less than the required front yard setback for the principal building for the applicable zone. Notwithstanding anything to the contrary, the Planning Board may approve reduced setbacks where the adjacent properties are not residentially zoned, or are protected open space or golf course uses.
C.
No more than 50 golf course employees total are permitted to reside on the premises, with a maximum of 25 employees per new building. All living quarters for golf course employees currently approved by the Town of Southampton that benefit from existing certificates of compliance/occupancy shall be counted towards the allowable maximum density (50 employees) on the premises, notwithstanding that the setbacks of the buildings may not comply with Subsection B above.
D.
Living quarters for golf course employees may be located in a separate detached building or may be attached or combined in an existing building that is dedicated to another use, so long as the height of the building does not exceed 32 feet.
E.
The maximum permitted size of any new building for living quarters for golf course employees shall not exceed 7,000 square feet of total floor area, with a total of 14,000 square feet aggregate if more than one new building is proposed - as measured from the outermost exterior walls of the structure, including any habitable space in the basement. The massing of buildings and associated parking/facilities arrangements shall be situated to reduce and minimize any impacts on adjacent neighboring properties. Adaptive reuse or expansion of existing buildings is permitted where practicable.
§ 330-162.26 Nonmedical cannabis dispensary.
[Added 4-11-2023 by L.L. No. 15-2023]
A.
A nonmedical cannabis dispensary shall not be permitted on the same road and within 500 feet of school grounds. For purposes of this section, "school grounds" shall be defined as any building, structure, and surrounding outdoor grounds, including entrances or exists, contained within a public or private preschool, nursery school, elementary, or secondary school's legally defined property boundaries pursuant to § 409(2) of the New York State Education Law.
(1)
This measurement shall be taken in a straight line from the nearest point of the school grounds to the center of the nearest entrance of the licensed premises.
(2)
If the entrance being used for the measurement is set back from the sidewalk by a walkway or doorway, the center of the line where the walkway or doorway meets the sidewalk is used for the measurement.
(3)
If the school grounds are situated on a corner lot, the school ground is considered to be on both roads of the intersection, whether or not there is an entrance to the building on both roads.
B.
A nonmedical cannabis dispensary shall not be permitted on the same road and within 500 feet of a community facility. For purposes of this section, a "community facility" shall include, but is not limited to, a facility that provides day care to children, a public park, a playground, a public swimming pool, a library, or a center or facility where the primary purpose is to provide recreational opportunities or services to children or adolescents.
(1)
This measurement shall be taken in a straight line from the nearest point of the community facility to the center of the nearest entrance of the licensed premises.
(2)
If the entrance being used for the measurement is set back from the sidewalk by a walkway or doorway, the center of the line where the walkway or doorway meets the sidewalk is used for the measurement.
(3)
If the community facility is situated on a corner lot, the facility is considered to be on both roads of the intersection, whether or not there is an entrance to the building on both roads.
C.
A nonmedical cannabis dispensary shall not be permitted on the same road and within 200 feet of a building occupied exclusively as a house of worship.
(1)
This measurement shall be taken in straight line from the center of the nearest entrance of such house of worship to the center of the nearest entrance of the licensed premises.
(2)
If the entrance being used for the measurement is set back from the sidewalk by a walkway or doorway, the center of the line where the walkway or doorway meets the sidewalk is used for the measurement.
(3)
If the house of worship is situated on a corner lot, the house of worship is considered to be on both roads of the intersection, whether or not there is an entrance to the building on both roads.
(4)
A house of worship does not cease to be "exclusively" occupied as a house of worship notwithstanding its incidental uses, which include, but are not limited to:
(a)
The conduct of games of bingo or other games of chance held as a means of raising funds for the not-for-profit religious organization which conducts services at said house of worship, or for other not-for-profit organizations or groups;
(b)
Use of the building for fund-raising performances by, or benefitting, the not-for-profit religious organization that conducts services at said house of worship, or other not-for-profit organizations or groups;
(c)
Use of the building by other religious organizations or groups for religious services or other purposes;
(d)
Use of the building for social activities by, or for the benefit of, the congregants;
(e)
Use of the building for meetings held by organizations or groups that provide bereavement counseling, or advice or support for conditions or diseases including, but not limited to, alcoholism, substance use disorder, cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease;
(f)
Use of the building for blood drives, health screenings, health information meetings, yoga classes, exercise classes, or other activities intended to promote the health of its congregants or any other persons;
(g)
Use of the building by noncongregant members of the community for private social functions.
D.
A nonmedical cannabis dispensary shall not be located within a 1,000-foot radius of another premises for which a nonmedical cannabis dispensary license has been issued.
E.
The Planning Board may request a traffic impact analysis prepared by a qualified professional demonstrating that the existing roadway network in the area of the proposed dispensary will be able to safely absorb the additional traffic that the dispensary is expected to generate.
F.
The parcel shall be of sufficient size and shape so as to provide for the required buffer and transition yard areas intended to screen the development from adjacent parcels.
G.
If adjoining a residential parcel(s), the minimum required transitional yard shall be 100 feet.
H.
The overall appearance and layout of the nonmedical cannabis dispensary, including both the building and the site, as well as the operation thereof, shall be designed to be in conformity with the character of the community in which it is located. Generic and standard architectural design derivatives of national or regional chains shall not be permitted. Architectural design, including the use of facade materials, roof materials, window and/or door treatments, lighting, landscaping, and signage, shall be reflective of, and harmonious with, the vernacular architecture of the particular hamlet in which the cannabis dispensary is located.
I.
A nonmedical cannabis dispensary site must be able to accommodate the parking requirements for retail use, as determined by the Planning Board.
J.
Outdoor speakers, as well as outdoor music and/or public address systems, shall be prohibited.
K.
The Planning Board may require a pedestrian circulation plan demonstrating that walkways and/or sidewalks facilitate pedestrian movement and, where applicable, connect with sidewalks and/or pedestrian walkways for uses on the same site or on adjacent sites or lots.
L.
Drive-thru windows shall be prohibited.
M.
Signage.
(1)
Not more than two signs may be located outside of the nonmedical cannabis dispensary.
(2)
Exterior signs must be on the same parcel as the store/dispensary and affixed to a building or permanent structure.
(4)
Signs shall comply with Part 129 (Adult-Use Marketing and Advertising) of the regulations promulgated by OCM, including, but not limited to, a prohibition from using or displaying colloquial references to cannabis or depictions of cannabis, cannabis products, paraphernalia, or the imagery or action of smoking or vaping.
(5)
Signs shall not include mottos, selling messages, or any other nonessential text.
(6)
No cannabis products shall be displayed in an area that is visible from outside the store/dispensary.
(7)
No sign shall be within, or be readily observed within, 500 feet of school grounds or a community facility, as defined herein.
N.
A nonmedical cannabis dispensary shall submit evidence that all necessary licenses and/or permits have been obtained from the New York State Office of Cannabis Management (OCM) prior to the issuance of a certificate of occupancy and/or change of tenancy permit. Said licenses and/or permits shall be posted in a conspicuous place, near the main exit or exit access doorway.
O.
A nonmedical cannabis dispensary shall have a security system to prevent and detect diversion, theft, or loss, utilizing commercial-grade equipment, pursuant to Part 125 (General Operating Requirements and Prohibitions) of the regulations promulgated by OCM.
P.
A nonmedical cannabis dispensary shall only operate between the hours of 10:00 a.m. and 9:00 p.m.
Q.
The Planning Board shall incorporate all applicable fire marshal requirements into any final approval.