Town of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
For the purposes of this chapter, the Town of East Hampton, exclusive of the Incorporated Villages of Sag Harbor and of East Hampton therein, is hereby divided into the following land use districts:
A. 
Special districts:
Park and Conservation (PC)
B. 
Residence districts:
(1) 
Single-family residence districts:
[Amended 5-6-2005 by L.L. No. 14-2005]
Residence Distrct A10 (A10)
Residence District A5 (A5)
Residence District A3 (A3)
Residence District A2 (A2)
Residence District A (A)
Residence District B (B)
(2) 
Other residence districts:
Multifamily District (MF)
C. 
Commercial districts:
[Amended 11-2-2001 by L.L. No. 22-2001]
Central Business District (CB)
Neighborhood Business District (NB)
Commercial-Industrial District (CI)
Resort District (RS)
Waterfront District (WF)
Commercial-Service (CS)
[Added 11-1-2002 by L.L. No. 34-2002]
Personal wireless service facilities shall be eligible for a special permit in all land use districts with the exception of the Park and Conservation District on the Zoning Map of the Town of East Hampton Zoning Code, provided that such personal wireless service facilities comply with the standards of this chapter and the permits under which personal wireless service facilities are regulated.
[Added 11-2-2001 by L.L. No. 24-2001]
A. 
Commercial-Service Districts.
(1) 
All buildings constructed within a Commercial-Service District, including, without limitation, storage buildings described in § 255-2-12A(2) hereof, shall comply with the construction standards set forth in Article 12 (Toxic and Hazardous Materials Storage and Handling Controls) of the Sanitary Code of the County of Suffolk, regardless of whether such construction would otherwise be exempted from the application of such standards pursuant to one or more provisions of said Sanitary Code itself. These standards are:
(a) 
The floor of the building should be pitched to a central collection point and constructed without a drain.
(b) 
A concrete berm with a minimum height of six inches should be constructed at the floor perimeter.
(c) 
The berm, loading dock and floor should be sealed with an epoxy sealer.
(d) 
The berm should be cast integrally with the floor where possible. If not possible, the berm should be tied into the floor with steel reinforcing.
(e) 
The berm, loading dock and floor should be constructed of minimum 3,000 psi air-entrained reinforced concrete amid moist-cured for a minimum of seven days.
(f) 
If expansion joints are installed, they should be made impervious with cast in-place waterstop.
(g) 
Access ramps at doorways/entrances should be properly sloped to allow clear passage for loading and unloading vehicles.
(h) 
Any loading dock should be pitched to the center with no drain.
(i) 
A roof should be constructed over any loading dock. The roof should be equipped with leaders and gutters which direct stormwater away from the containment area. Grading around any loading dock should direct water away from the area.
(2) 
Notwithstanding the provisions of Paragraphs (1) and (6) of § 255-6-30 of this chapter, the Building Inspector, without site plan approval from the Planning Board, may grant a permit for the construction of one storage building for each commercial-service use on a lot, said storage building not to exceed 200 square feet in gross floor area, and not to exceed a height of 20 feet, and containing no plumbing facilities. Such permit shall also specify the clearing and grading reasonably necessary to allow for access to and construction of such storage building, and no other clearing or grading shall be done without site plan approval.
[Amended 10-19-2015 by L.L. No. 35-2015]
(3) 
Each commercial-service building may contain office space accessory to the commercial-service occupant's principal use, provided that such office space shall not exceed 25% of the gross floor area of the building. However, the Planning Board may authorize accessory office space consisting of up to 50% of the gross floor area of the building when the Board deems such expanded area to be reasonably necessary for the effective operation of the occupant's business.
(4) 
Displays of products or merchandise in any commercial-service building, in a "showroom" or otherwise, for purposes of retail sales to the general public are prohibited.
B. 
(Reserved)
There is hereby authorized to be created a Town of East Hampton Use District Map. Said map shall be the official Town Zoning Map and shall show the divisions of the Town into the use districts established in § 255-2-10 hereof. Said map is hereby adopted, incorporated herein as Article XII of this chapter and declared to be a part hereof. Said map may consist of one or more sheets and, from time to time, may be amended by the Town Board by local law without the necessity to amend any other provision, part or section of this chapter. The boundaries of all use districts (zones) shall be as depicted on the Use District Map. District boundary lines shown on said map as streets or rights-of-way shall be deemed to coincide with the center lines of same and, when shown as paralleling and adjacent to a street, right-of-way or surface water body, shall be deemed to be 200 feet distant from and parallel to the property lines fronting on such street or right-of-way or the shoreline of such water body unless specifically dimensioned otherwise.
There are hereby authorized to be created for each of the classes of use districts established in § 255-2-10 hereof, one Use Table and one Dimensional Table. Said tables shall set forth in matrix form the permitted, special permit and prohibited uses in each individual use district and the dimensional requirements for lots, buildings, structures and uses in each such district, respectively. Said tables are hereby adopted, incorporated herein as § 255-11-10 of this chapter and declared to be a part hereof. Any table may consist of more than one sheet and from time to time may be amended by the Town Board by local law without the necessity to amend any other provision, part or section of this chapter.
A. 
Except for uses described in §§ 255-1-40 through 255-1-49 hereof, every building, structure, lot or land shall be utilized:
(1) 
Only for uses indicated as not prohibited in the Use Table for the district in which the property is located on the Use District Map;
(2) 
Only in conformance with the provisions of the Dimensional Table for the district in which the property is located on the Use District Map; and
(3) 
Only in accordance with all other applicable provisions of this chapter and of this Code.
B. 
The failure of a land use to be listed on a Use Table shall mean that the use is prohibited and unlawful in the use district to which the table applies.
A. 
Except in the case of a multiple-business complex or a multiple-industrial complex, the number of principal uses listed in the Use Table[1] permitted on any one lot shall not exceed the number set forth below:
[Amended 9-17-1993 by L.L. No. 28-1993]
(1) 
Any one residential district lot or any one residential property: one use, or agriculture and/or animal husbandry plus one other use.
(2) 
Any one commercial district lot or any one commercial property in any district: two uses, except that pursuant to a special permit additional uses on an individual lot may be authorized within a multiple-business complex or a multiple-industrial complex, subject to all conditions set forth herein for the issuance of such permits.
(3) 
Personal wireless service facilities shall not be considered an additional use on any lot or property for purposes of this limitation. A lot or property may lawfully contain as many personal wireless service facilities as permitted under the siting, design and co-location provisions of this chapter.
[Added 11-1-2002 by L.L. No. 34-2002]
(4) 
Apartments within commercial structures shall not be considered an additional use on any lot or property for purposes of this limitation, except within the Limited Business Overlay District.
[Added 10-7-2005 by L.L. No. 31-2005]
(5) 
An accessory dwelling unit which is permitted pursuant to § 255-11-20G shall not be considered an additional use on any lot or property for the purposes of this limitation.
[Added 12-7-2017 by L.L. No. 44-2017]
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
B. 
Nothing in this section shall be deemed to reduce any required lot area established by this Code for any particular use, activity, building or structure. In satisfying any such statutory lot area requirement(s), no acreage used for any purpose other than that for which the lot area is required shall be counted, and no acreage in any lot shall be credited toward more than one such statutory lot area requirement.
[Added 8-16-1985 by L.L. No. 8-1985]
C. 
In determining the number of uses on a property, the Use Table[2] shall be consulted, and each different type or category of use on the property, as set forth in the Use Table, shall be deemed a separate use. Each of the individual units devoted to any such use, other than office use, shall be counted as a separate use in calculating the total number of uses on a property. Office uses shall be deemed one use regardless of the number of office units located on the property. For the purposes of calculating the number of uses, a taxi office, provided that it is used for office purposes only and not for the parking, servicing, dispatching, or storage of taxis, shall be considered an office use. Only one taxi office can occupy any individual office unit.
[Added 4-14-2005 by L.L. No. 13-2005; amended 5-15-2014 by L.L. No. 10-2014]
[2]
Editor's Note: The Use Table is included as an attachment to this chapter.
[Added 11-1-2002 by L.L. No. 34-2002]
A. 
Tall mounts discouraged. Tall mounts are discouraged in the Town of East Hampton, and proliferation of short mounts is considered preferable to co-location.
B. 
Co-location discouraged. Co-location should be discouraged for all personal wireless service facility applications.
C. 
Worst-case review. The Town of East Hampton shall review applications for co-locations on the basis of all positions on the mount, i.e., the cumulative, worst-case condition.
D. 
Co-location review includes entire facility. Applications for co-locations on mounts, when they are constructed prior to the effective date of this local law, require review of the existing mount as well as co-location under the requirements of this chapter.
E. 
Co-locations not previously reported. Applications for co-locations on mounts constructed after the effective date of this local law, when they did not previously show the proposed co-location, require review of the existing mount as well as co-location under the requirements of this chapter.
F. 
Public sites. The Town of East Hampton shall work with carriers to facilitate the siting of a personal wireless service facility on Town-owned or other publicly owned property, by identifying existing structures, the appropriate contact persons, and the appropriate leasing procedures.
Notwithstanding any provision hereof to the contrary, the Planning Board may:
A. 
Vary any of the requirements of the Dimensional Table for Residential Districts as a part of its approval of those residential subdivisions reviewed and approved pursuant to Chapter 193 of this Code.
B. 
Vary certain of the requirements of the Dimensional Table for Commercial Districts pursuant to Article V and VI hereof as part of an approval of a multiple-business complex, multiple-industrial complex or planned industrial park.
Property shall not be initially designated or included into the Park and Conservation District while it is privately owned, without the written consent of the owner to such inclusion first having been obtained. Lands of the federal, state, county or any local government, or of any subdivision, agency, authority or instrumentality thereof, shall not be subject to this limitation and may be so included by a duly adopted amendment to this chapter at any time such designation or inclusion appears warranted or appropriate. This section shall not be deemed to require the rezoning of any Park and Conservation District property because of a change in the ownership or ownership status thereof subsequent to such designation or inclusion.
Only buildings and structures customarily related to the permitted uses, such as clubhouses, tennis courts, pools, bathhouses, administration and maintenance buildings and the like shall be erected in the Park and Conservation District. All such buildings and structures shall require site plan review and architectural and design review.
[Added 6-8-2004 by L.L. No. 15-2004]
A. 
Except as may be permitted on building lots within open space subdivisions created pursuant to Chapter 193, clearing of lots or parcels of land within any residential district, except those lots located partially or wholly within the Agricultural Overlay District, Water Recharge Overlay District or the Harbor Protection Overlay District, shall be restricted as set forth herein. Removal and/or maintenance of dangerous dead wood and non-native invasive species is permitted. A list of non-native invasive species will be maintained by the Natural Resources Department for the purposes of this chapter.
[Amended 3-4-2005 by L.L. No. 9-2005; 7-6-2007 by L.L. No. 25-2007]
(1) 
The total area of a lot which may be cleared of indigenous natural vegetation shall not exceed the following amounts for any lot located wholly or partly within a residential district:
Lot Area
(square feet)
Maximum Clearing Permitted
Up to and including 10,999
100%
From 11,000 to and including 19,999
10,999 square feet or 75%, whichever is greater
From 20,000 to and including 280,000
10,000 square feet + (lot area X 25%)
Greater than 280,000
80,000 square feet
(2) 
In calculating the amount of clearing permitted by this section on a flag lot or a lot which is burdened by a common driveway easement or access easement, the area of any flag strip or any common driveway easement or access easement shall be excluded from lot area. Likewise, any clearing for driveway purposes within the flag strip or within the common driveway easement or access easement shall not be counted into the permissible amount of clearing.
(3) 
Clearing in excess of 80,000 square feet on any lot in a residence district is prohibited unless the following requirements are met:
(a) 
The area of the lot, excluding the area of any flag strip but otherwise determined as set forth in § 255-1-20 hereof, exceeds 280,000 square feet; and
(b) 
Site plan approval and a special permit have been obtained first from the Planning Board.
(4) 
Notwithstanding anything in § 255-2-60A(1) and (3), the Planning Board may approve clearing of total lot area on a lot larger than 80,000 square feet in a residential district as part of a site plan for a special permit use. In the event that the use on such a lot ceases, a condition of any other use shall be revegetation and/or reversion to natural, native vegetation of cleared areas exceeding the applicable limits in § 255-2-60A(1), to the extent feasible without removing buildings, in accordance with a plan approved by the Natural Resources Department.
(5) 
Notwithstanding the clearing restrictions set forth in § 255-2-60A(1), the Planning Board may approve clearing in excess of the allowable limits when granting subwaiver or subdivision approval pursuant to Chapter 220 where (a) the clearing legally preexisted the proposed subdivision or subwaiver; (b) the proposed subdivision would create one or more lots that do not conform to the clearing restrictions; and (c) the Board determines that the subdivision or subwaiver has been designed to minimize the degree of nonconformity with respect to clearing on the proposed lots, taking into account subdivision or subwaiver policies, standards, principles, and requirements, all as more fully set forth in Chapter 220 and Chapter 193.
(6) 
A native remnant located on a residential lot shall only be included in the calculation of the uncleared area of that lot if:
(a) 
The remnant island has not been cleared pursuant to § 255-1-20; or
(b) 
In the case of a revegetation, the area of the native remnant exceeds 400 square feet and is at least 10 feet in width.
(7) 
Upon completion of any project requiring a building permit and additional clearing, a survey will be required that includes existing clearing lines and calculations to ensure compliance with this section before a certificate of occupancy may be issued.
(8) 
Removal and revegetation of any native vegetation is permitted pursuant to a plan approved by the Natural Resources Department.
No lot, property or site not included in a Multifamily District by this chapter on its original effective date shall thereafter be rezoned to be included in the Multifamily District unless and until such time as an affordable housing development approved and carried out pursuant to Article V hereof and involving multiple residence structures shall have been constructed or created on the lot, property or site in question.
(Reserved)
[Added 11-1-2002 by L.L. No. 34-2002]
The Town of East Hampton Department of Planning shall receive all personal wireless service facility applications and assign each application to one of the following "tiers."
A. 
Tier One. This tier is limited to applications that:
(1) 
Place personal wireless service facilities on existing utility poles (telephone poles, utility distribution poles, streetlights and traffic signal stanchions) subject to the Planning Director's review and approval.
[Amended 12-5-2003 by L.L. No. 40-2003]
(2) 
Place personal wireless service facilities on new utility poles when the carrier specifies a utility pole that meets the Town of East Hampton specifications. Existing utility poles that are extended shall be considered new utility poles.
[Amended 12-5-2003 by L.L. No. 40-2003]
(3) 
Meet all location standards, design standards and safety standards in this chapter. In the event any of the standards in the chapter is in conflict for a particular application, one or the other conflicting standard shall be met.
B. 
Tier Two. This tier is limited to applications that:
(1) 
Do not quality for tier one status.
(2) 
Meet all location standards, design standards and safety standards in this chapter. In the event any of the standards in the chapter is in conflict for a particular application, one or the other conflicting standard shall be met.
C. 
Tier Three. All applications that do not qualify as either Tier One or Tier Two status shall be considered Tier Three applications.
D. 
After assigning each application to a tier, the Town of East Hampton Department of Planning shall:
(1) 
Prepare an alternatives analysis for each application according to § 255-5-50 of this chapter.
(2) 
Prepare a staff report for each application based on § 255-9-40 of this chapter.
(3) 
Forward the application, alternative analysis and staff report to the Planning Board.
[Added 11-1-2002 by L.L. No. 34-2002]
The approval of personal wireless service facilities shall be subject to meeting or exceeding the following standards:
A. 
Opportunity sites. A personal wireless service facility should be located at one of the following opportunity sites:
(1) 
Public rights-of-way utility poles, including telephone poles, utility-distribution poles, streetlights and traffic signal stanchions.
(2) 
Religious institutions.
(3) 
Rooftops.
(4) 
Tree masses.
(5) 
Town-owned properties (except designated open space), depending upon siting and design standards.
B. 
Avoidance areas. A personal wireless service facility should not be located in the following avoidance areas:
(1) 
Open spaces, including:
(a) 
Woodlands.
(b) 
Wetlands.
(c) 
Moorlands (dwarf forest).
(d) 
Meadow/old fields (open or formerly farmed areas).
(e) 
Downs (prairie).
(f) 
Duneland/beach.
(g) 
Farmland (active agriculture).
(2) 
Other areas attendant to water bodies and shorelines.
(3) 
Flood-prone areas.
(4) 
Historically and culturally significant resources, including historic sites, historic districts as well as structures.
(5) 
Areas identified in the Scenic Resources Study and Scenic Areas of Statewide Significance, not otherwise classified above.
C. 
These location standards shall be considered directory but not mandatory. Interpretation of opportunity sites and avoidance areas shall be based on the Town of East Hampton Department of Planning maps or aerial photographs provided by the applicant.
D. 
Personal wireless service facilities may also be permitted in areas that are not opportunity sites subject to the siting, design and safety standards in § 255-5-50 and permitted in avoidance areas subject to the siting, design and safety standards in § 255-5-50.
E. 
These standards apply regardless of radio frequency (RF) engineering considerations.