The provisions of this article are designed
to provide for administrative review of selected types of proposed
land uses. Certain uses which are allowable under zoning are nevertheless
so likely to significantly affect their surroundings that they require
individual review to assure compatibility with existing land use patterns,
community character and the natural environment before being permitted
to come into existence. Similarly, certain authorized uses may take
on such diverse forms in their actual implementation that it is wise
to review and pass upon the adherence of each individual proposal
to standards and guidelines previously established for the use involved.
Finally, the case-by-case review achieved by use of the special permit
mechanism can increase the flexibility and appropriateness of local
development review and better enable local officials to avoid negative
consequences which sometimes arise from the otherwise lawful development
or use of a particular site.
[Amended 12-18-1997 by L.L. No. 38-1997; 2-10-1998 by L.L. No. 6-1998]
There is hereby created a category of land uses to be known as "special permit uses." Said uses may not be commenced, created, undertaken, carried out or thereafter maintained or substantially expanded without a special permit first having been obtained therefor, which special permit shall have been granted for the use by the board responsible for its administration, according to the provisions for the particular special permit set forth in this article. Any land use, including the erection, construction, reconstruction, alteration, demolition, moving, conversion or change of use of any structure, shall be a special permit use requiring a special permit if the text of this chapter or the Use Table, § 255-11-10 hereof, denotes the use or activity as being either the subject of a special permit or simply a special permit use. No building permit for any such special permit use shall be issued until the required special permit shall have been granted for the same, and the conditions imposed in such permit as prerequisites to a building permit, if there are any, have been met.
[Amended 8-16-1985 by L.L. No. 8-1985]
Special permit uses which either lawfully exist on the effective date of this article or which subsequently come into being pursuant to the provisions hereof shall, in all respects, constitute lawful and conforming uses under this chapter. With the exception of the requirement in § 255-5-26 hereof, no such use shall again require the issuance of a special permit in order to be maintained, operated, continued, enlarged or altered, and building permits may be issued therefor, subject only to provisions of this chapter applicable to any such use in any such district. The preceding sentence shall not, however, be construed to apply to natural resources special permits required pursuant to Article IV of this chapter.
[Amended 12-18-1997 by L.L. No. 40-1997]
Notwithstanding any language to the contrary in the preceding section, an existing special permit use as described therein shall require a special permit in any case where a substantial expansion of such use is undertaken. In such case, the local agency having jurisdiction over the special permit needed for the expansion shall review and decide upon the application for such permit pursuant to the same substantive and procedural standards as are provided for herein for an original special permit. Any special permit issued to authorize a substantial expansion of an existing special permit use shall be conditioned upon conformance by the use to any standards (other than standards concerning initial site location) of §§ 255-5-40, 255-4-45 and 255-5-50 of this article with which it does not then comply.
[Amended 6-20-2019 by L.L. No. 28-2019]
An application for a special permit shall be on the form for same provided by the Building Inspector and shall be submitted in triplicate, together with the appropriate fee, to the Building Inspector, who shall review the application for completeness and conformity with this chapter. The Building Inspector shall reject the application if it is not complete or not in conformance and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant, the Building Inspector and the board to which the application is forwarded shall then follow the procedures in Article IX hereof regarding the processing of applications by boards. Any application for a special permit may be accompanied by one or more applications for other local agency permissions or approvals which this chapter requires for the activity or use for which the special permit is being sought. The property owner or his or her agent shall provide, and the reviewing department confirm, the existence of any applicable scenic, conservation and agricultural easement, or purchase of development rights agreements as to which the Town of East Hampton, a conservation organization or a homeowners' association is a grantee or party, in, upon or adjacent to the premises, protecting any designated natural feature, or burdening or benefiting the subject property.
A special permit issued in accordance with the
provisions of this chapter shall authorize only the special permit
use for which the permit is granted. No use which is not a special
permit use hereunder shall be authorized by any such permit. The permit
may include any number of reasonable conditions which the issuing
local agency determines to be necessary or appropriate to ensure that
the applicable general and specific standards and safeguards set forth
in this article for the use can and will be met and/or adhered to.
Unless a different period is specified herein, a special permit shall
be valid for a period of six months, but may be extended for one additional
six-month period by the issuing agency without the requirement of
new public notice or hearing. A continuing or permanent land use authorized
by a special permit which use is undertaken or begun during the period
of validity of such permit shall thereafter be deemed a lawful use,
as if the same were permitted by this chapter without need for a special
permit; provided, however, that:
A.
All conditions imposed by the special permit, unless
by their express terms of limited duration, shall continue to apply;
B.
All conditions imposed on special permit uses generally
or specifically by this chapter shall continue to apply, regardless
of whether any such conditions were expressly incorporated into the
special permit issued; and
Except in cases where the responsibility for issuance of a particular special permit is given to another local agency by the explicit provisions of § 255-5-50 hereof, the Planning Board shall have exclusive jurisdiction over all special permits created in this chapter and shall have the sole and complete responsibility for the issuance of same in conformity with all applicable regulations herein.[1]
[1]
Editor's Note: Former § 255-5-36,
Prior review of special permit applications, added 12-18-1997 by L.L.
No. 38-1997, was repealed 2-10-1998 by L.L. No. 6-1998.
[Added 4-1-2021 by L.L. No. 9-2021]
A.
Intent. The Town Board desires to determine whether there is a means
to create flexibility in the manner that restaurants operate at different
times of the year, under various weather conditions, and/or in reaction
to emergency circumstances such as brought on by the COVID-19 pandemic.
This pilot program is not intended to replace or circumvent the Planning
Board or site plan requirements in general, but only to allow for
adjustments in the placement of dining use on the approved property.
The Town Board is considering this program be implemented as a special
permit process so that compliance with the conditions thereof can
be more easily enforced and the potential negative impact on the neighborhood,
and Town as a whole, can be minimized.
B.
Authorization for outdoor dining. The utilization of outdoor space,
for a previously approved indoor dining use, may only be permitted
if authorized:
C.
Limitation of use to dining. Only restaurant dining use, limited
to the service of food and beverages to seated patrons, may be transferred
to outdoor spaces pursuant to this section.
(1)
No outdoor food preparation is permitted in the outdoor space.
(2)
No bar use is permitted in the outdoor space.
(3)
No new use may be introduced into the previously utilized indoor
space without site plan approval, although vacated space may be used
to facilitate take-out food service so long as no service of alcohol
is provided to those waiting on food orders.
(4)
No approved features or conditions of an approved site plan
may be removed or altered to create new outdoor space. Only additions
that are not in conflict with the approved site plan, and that are
necessary to effectuate the utilization of outdoor space in compliance
with the conditions of this section (screening, delineation for the
service of alcoholic beverages, but not tents), may be made without
additional site plan approval, and all necessary building permits
must be obtained.
D.
Occupancy that may be transferred.
(1)
The transfer of restaurant dining use from indoors to an outdoor
space pursuant to this section may be seasonal or weather related,
so long as approvable seating plans are submitted for each possible
circumstance.
(2)
The combined occupancy of patrons, indoor and outdoor, may not
exceed 100% of the approved indoor seating (number of seats) capacity
without additional site plan approval. Approved indoor seating capacity
is determined by site plan or, if no site plan exists, the seating
capacity, for indoor dining, and not bar use, as determined by the
Fire Marshal.
(3)
In the following zoning districts the maximum percentage of
capacity that may be transferred from indoors to outdoors is 100%:
Central Business, Waterfront, Recreational Overlay, Resort, Commercial
Industrial and Commercial Service. In all other zoning districts the
maximum percentage of capacity that may be transferred from indoor
to outdoors is 75% (Neighborhood Business, Residential and Limited
Business Overlay).
(4)
Notwithstanding the above, for restaurants that are preexisting nonconforming in a residential district, the occupancy of dining transferred to an outside location cannot be such to violate the provisions of either § 255-1-40, Nonconforming uses, or § 255-1-42, Nonconforming buildings and structures.
E.
Location of outdoor dining space. Approvable seating plan(s) must
be submitted with the application.
(1)
The outdoor dining space must be on the same property that has
the approved restaurant indoor dining use.
(2)
Such outdoor space shall be set back from any side or rear yard property line, when the adjoining property is a residence, a distance which is twice that required by the provisions of § 255-11-10 for an accessory building or structure on the subject lot, and such outdoor space must be located more than 100 feet from a structure used for residential purposes (including, but not limited to, the house, pool, decking, and patio).
(3)
Such space must be configured such that the noise and other
effects generated will be reasonably screened from adjacent properties
and compatible with existing and potential uses thereon. Where such
an adjacent property is a residential property or any property with
an occupied residence, complete screening of the activity and its
effects shall be deemed necessary to meet this requirement.
(4)
If the outdoor space is to be used for the service of alcoholic
beverages, it must be delineated from all other outdoor space such
that the consumption of such beverages is limited to within that space,
and the occupancy limitation of such space shall be the same as indoor
dining (at a ratio of 15 square feet per person), and the occupancy
limit shall be clearly posted. No point of sale or service bar may
be placed in the outdoor space without site plan approval.
F.
Hours of outdoor use.
(1)
Utilization of the outdoor space for dining is limited to the
hours of 8:00 a.m. to 11:00 p.m. when located in Central Business,
Waterfront, Recreational Overlay, Resort, Commercial Industrial and
Commercial Service districts, and limited to the hours of 8:00 a.m.
to 10:00 p.m. in all other districts.
G.
Lighting. An approvable lighting plan must be submitted with the application. The use of outdoor lighting pursuant to this section is limited to lighting consistent with the general lighting standards in § 255-1-83A through D of the Town Code, with exceptions available only when expressly authorized by a special event permit issued pursuant to Chapter 155 of the Town Code. Lighting used in the outdoor dining space:
(1)
Must be designed, installed, and maintained to minimize glare;
(2)
Must be fully shielded;
(3)
Installed such that no light source may be visible beyond the
boundary of the property on which the light source is located, including
from a body of water or roadway; and
(4)
May not include uplighting; searchlights; strobe lights, laser
lights or revolving lighting; neon lights; blinking, pulsating, tracing
or flashing lights; utility-pole-mounted lights; string lighting or
lighting used to outline a building, structure or window; or a light
source with a color temperature greater than 3,000 Kelvin (K).
H.
Heating. The use of outdoor heating devices must be fully compliant
with the New York State Uniform Fire Prevention and Building Code
as defined by New York State Codes, Rules and Regulations, Title 19,
Section 1219.1, must be approved by the Fire Marshal, and the placement
thereof must be included on all submitted seating plans that may include
heating device use.
I.
Tents. The use of tents for the facilitation of the outdoor space for dining must be "temporary tents," tents which are to be erected for less than a two-week period, approved by the Fire Marshal pursuant to § 141-9 of the Town Code, and authorized in association with a special event permit issued pursuant to Chapter 151 of the Town Code.[4] Tents to be erected for more than a two-week period require
a building permit issued by the Building Inspector and Site Plan approval.
Umbrellas placed over tables in the outdoor space do not need to be
separately permitted, but must be indicated on the submitted seating
plans.
J.
Application process. The Building Inspector shall be responsible
for the issuance of a transfer of dining use special permit. The Building
Inspector shall consult the Fire Marshal for confirmation that the
applicant's proposed outdoor seating area use is consistent with health
and safety concerns addressed in the Town Code as well as the New
York State Uniform Fire Prevention and Building Code as defined by
New York State Codes, Rules and Regulations, Title 19, Section 1219.1.
The Building Inspector may consult the Planning Department for confirmation
that the applicant's lighting plan is consistent with the provisions
in the Town Code. A special permit for a transfer of indoor use to
outdoor space special permit shall only be issued by the Building
Inspector upon the following findings:
(1)
The proposed outdoor space for the site is clearly depicted
on a survey or similar rendering such that the space is clearly identified
on the property;
(2)
The proposed outdoor space is compliant with the provisions
of this section;
(3)
There is adequate parking, existing and/or proposed, available
for the outdoor dining use;
(4)
All submitted seating plans are consistent with approved occupancy
limits, indicate required egress, and are clearly marked as to under
what circumstances each plan will be utilized; and
(5)
Any building permits necessary to effectuate the use of the
proposed outdoor space must be submitted.
K.
Revocation and suspension.
(1)
A special permit issued under this section may be revoked by
the Building Inspector upon conviction for a Town Code violation based
upon allegations of noncompliance with the conditions upon which the
special permit was issued. No revocation will be the result of a noise
violation conviction unless such conviction also resulted in the denial
of a music entertainment permit.
(2)
The use of the outdoor space pursuant to this special permit
may be suspended if the Building Inspector, Fire Marshal or Code Compliance
Emergency Preparedness Coordinator has reasonable grounds to believe
that the use of such outdoor space is not in compliance with the conditions
upon which the special permit was issued and such noncompliance is
creating an unsafe and dangerous situation. Such suspension shall
be upon written notice as to the unsafe and dangerous situation, as
well as conditions under which use may be resumed, being provided
to the applicant's agent supervising the use of the restaurant. The
suspension may be lifted upon the Building Inspector, Fire Marshal
or Town Public Safety Director's satisfaction that the stated remedial
conditions have been met and that dangerous noncompliance is not likely
to reoccur. Any suspension of a special permit lasting for more than
24 hours must be accompanied by the issuance of an appearance ticket
specifying the relevant violation of Town Code, or the suspension
is automatically lifted. An appearance ticket may, but need not, be
issued for a dangerous noncompliance that is immediately remedied.
L.
M.
Duration of pilot program. This pilot program shall expire unless extended or incorporated as a permanent special permit, on December 2021. Any special permits issued pursuant to this pilot program shall expire on December 2021 and shall not constitute "existing special permits" under § 255-5-25, and approval for continued use must be obtained pursuant to different sections of the Town Code.
No special permit shall be granted unless the
issuing board shall specifically find and determine that:
A.
Nature of use. The use proposed will be in harmony with and promote the general purposes of this chapter as the same are set forth in § 255-1-11 hereof.
B.
Lot area. The lot area is sufficient, appropriate
and adequate for the use, as well as reasonably anticipated operation
and expansion thereof.
C.
Adjacent properties. The proposed use will not prevent
the orderly and reasonable use of adjacent properties, particularly
where they are in a different district.
D.
Compatibility. The site of the proposed use is a suitable
one for the location of such a use in the Town, and, if sited at that
location, the proposed use will in fact be compatible with its surroundings
and with the character of the neighborhood and of the community in
general, particularly with regard to visibility, scale and overall
appearance.
E.
Effect on specific existing uses. 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.
Use definition. The proposed use conforms to the Town
Code definition of the special permit use where such definition exists
or with the generally accepted definition of such use where no definition
is included in the Code.
G.
Circulation. Access facilities are adequate for the
estimated traffic generated by the proposed use on 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 within 75 feet of the intersection
of street lines at a street intersection, except under unusual circumstances.
H.
Parking. There is room for creation of off-street
parking and truck loading spaces at least in the number required by
the applicable provisions of this chapter, but in any case adequate
for the actual anticipated number of occupants of the proposed use,
whether employees, patrons and visitors; and, further, that the layout
of the spaces and related facilities can be made convenient and conducive
to safe operation.
I.
Buffering and screening. Adequate buffer yards and
screening can and will be provided to protect adjacent properties
and land uses from possible detrimental impacts of the proposed use.
J.
Runoff and waste. Adequate provision can and will
be made for the collection and disposal of stormwater runoff, sewage,
refuse and other liquid, solid or gaseous waste which the proposed
use will generate.
K.
Environmental protection. The natural characteristics
of the site are such that the proposed use may be introduced there
without undue disturbance or disruption of important natural features,
systems or processes and without significant negative impact to groundwater
and surface waters on and off the site.
M.
Conformity with other standards. The proposed use can and will meet all of the general standards for special permit uses in particular districts set forth in § 255-5-45 and also meets all of the specific standards and incorporates all of the specific safeguards required of the particular use, if any, by § 255-5-50.
No special permit shall be granted in the use districts included in this section unless the issuing board shall specifically find and determine that, in addition to meeting all of the general standards for special permit uses contained in § 255-5-40, the proposed special permit use can and will meet the general standards set forth in this section for special permit uses in the particular district in which the use is proposed to be located.
A.
Limited Business Overlay District:
(1)
Existing residential buildings and structures
shall be used to house the special permit use or activity if at all
feasible or where required by this chapter.
(2)
Whether an existing structure is to be used, with or without expansion, or a new structure is to be erected, all buildings and structures on the lot shall conform to a residential architectural style similar in character to the residential neighborhood in which the use is to be established. Along with the Planning Board, the Architectural Review Board shall ensure compliance with this provision as part of its review pursuant to Articles VI and VII hereof, in order to assure a continuing residential appearance for the site.
(3)
Lot coverage and total lot coverage, building
height, setbacks, and other related dimensional requirements of the
underlying residence district shall apply, except that lesser setbacks
for principal buildings and structures for semi-public facilities
and lesser setbacks for accessory buildings and structures may be
approved by the Planning Board pursuant to site plan review where
it is specifically determined by the Board that such lesser setbacks
will not have a detrimental effect on neighboring properties, particularly
properties presently being put to residential use, where such lesser
setbacks will serve the interests of good planning, and where no other
provision of this chapter (e.g., specific requirements for a special
permit use) restricts the Board's power to approve such lesser setbacks.
In no event shall a setback for a principal structure be reduced where
the reduction will reduce the setback of a commercial structure from
adjoining residential development.
[Amended 8-16-1985 by L.L. No. 8-1985; 7-2-1999 by L.L. No.
15-1999; 6-4-2004 by L.L. No. 14-2004]
(4)
All yard areas shall be planned so as to accommodate
the planting and maintenance of lawns, shrubs, trees and the retention
of existing significant vegetation in order to help screen the use
and the parking areas therefor from adjacent properties and the street.
(5)
Required parking needs shall be provided for
in an off-street location and made unobtrusive as possible.
B.
Park and Conservation District:
(1)
All buildings and structures in the Park and
Conservation (PC) District shall be those customarily related to the
use proposed, such as clubhouses, tennis courts, pools, rest rooms,
administration and maintenance buildings and the like, shall be of
the minimum practical size, and shall require site plan review and
architectural and design review.
[Amended 10-4-2002 by L.L. No. 32-2002]
(2)
Where the use is a semipublic facility, such
as a museum or interpretive center (which may contain accessory uses
such as a gift shop), the use shall be allowed only if it relates
directly to the historic or natural character of the land on which
it is situated and serves to educate the public about the same.
[Amended 10-4-2002 by L.L. No. 32-2002]
(3)
Where the use is a municipal facility, such
as a fire station, or is a public utility as defined herein, the use
should be allowed only if the public safety or convenience will be
served, placement of the use in the Park and Conservation District
is the only feasible location for the use and there is no legal restriction
on the land prohibiting such use.
C.
Resort District. All business-type special permit
uses in the Resort District (RS), except for resorts and transient
motels, shall be supportive of and compatible with the principal resort-type
uses of the district and, as such, when proposed on a lot containing
a resort or transient motel, must not prevent compliance with the
maximum coverage and maximum total coverage permitted in the district
for both itself and the principal use on the lot.
[Amended 8-16-1985 by L.L. No. 8-1985]
D.
Waterfront District. All special permit uses in the
Waterfront District (WF), other than ferry terminals, are deemed not
to be water-related uses, and therefore every such use:
(1)
Must not adversely affect any existing waterfront
use which is so water-related or any potential water-related uses
to be made of the lot or of nearby waterfront which are indicated
in the Town Comprehensive Plan;
(2)
Must be ancillary to a principal water-related
use in that the special permit use would economically support the
principal water-related use and would enhance the ability of the general
public to gain visual or physical access to the waterfront;
(3)
Must not usurp any land surface area needed
by the principal water-related use and must, together with all uses
on the lot, be able to demonstrate an integrated and adequate circulation
and parking plan; and
(4)
Must have a maritime character or theme.
(5)
As a condition to the following special permit uses in the Waterfront District, the site shall be of sufficient size to accommodate the proposed use with safeguards set forth in § 255-5-50 below, but in no case shall the site be smaller than 40,000 square feet per two uses:
[Added 10-16-1987 by L.L. No. 16-1987]
[Amended 11-15-1996 by L.L. No. 19-1996]
No special permit shall be issued unless the issuing board shall specifically find and determine that, in addition to meeting all of the general standards for special permit uses contained in §§ 255-5-40 and 255-5-45 hereof, the particular proposed special permit use also can and will meet the specific standards and safeguards set forth in this section, if any. Where a specific requirement, restriction, regulation, standard or safeguard regarding the extent, nature, size, configuration or conduct (but not the location) of a particular use is set forth in this section as a requirement or standard which must be met for a special permit to issue, such requirement or standard shall also be deemed a supplemental use regulation applicable to all such existing special permit uses in the Town, wherever located and whenever and however lawfully established. Lawfully preexisting special permit uses which do not comply with any such regulation shall be deemed nonconforming as to the same, but nothing in this section shall require the discontinuance or modification of any such lawfully preexisting special permit use.
[Amended 12-1-2016 by L.L. No. 49-2016]
All dwelling units shall comply with standards set forth in § 255-11-63; and
Site plan approval (Article VI) and architectural review approval (Article VII) shall be obtained before issuance of any building permit or certificate of occupancy, and no special permit shall be issued until a public hearing, which hearing may be combined with the hearing required for site plan review, shall have been held.
Site considerations.
The entire proposed site for the development
shall be located in an Affordable Housing Overlay District.
The minimum site size required shall be 125,000
square feet unless said affordable housing development is a municipally
sponsored project.
[Amended 11-2-2007 by L.L. No. 34-2007]
If a multiple residence is involved in the development, all dimensional, area and coverage requirements of the Dimensional Table of § 255-11-10 for the Multiple-Family District (MF) shall be complied with.
The maximum number of dwelling units on a site
shall be 60.
The maximum permitted densities shall be calculated
at eight units per acre for apartments and four units per acre for
single-family residences or unimproved lots. For the purposes of assuring
compliance with this subsection, the Planning Board shall compute
the area of the site using the same criteria which it employs to establish
permissible densities on ordinary subdivisions which it processes.
[Amended 3-17-2022 by L.L. No. 6-2022]
The site shall be of such shape, dimension, topography and location as will allow for appropriate and attractive development with proper setbacks, screening and a harmonious relationship with adjoining land uses and the natural physical terrain. All conditions of § 255-11-40 must be complied with, but nothing in Subsections C, D and E thereof shall be construed as preventing issuance of a special permit for at least one type of affordable housing development at every otherwise eligible Affordable Housing Overlay District site.
Housing types.
Housing opportunities in the form of apartments,
single-family residences or unimproved lots may be provided, but discretion
as to the type and amount of dwelling units or lots shall rest with
the Planning Board, which shall in all cases consider community housing
needs in the area, together with the character of the neighborhood
in which the site is located, the environmental suitability of the
site and the proposed design of the development in making its determination.
Where multiple residences containing apartments are proposed, all
applicable requirements and conditions of the subsection below entitled
"Multiple Residence" shall be complied with.
All dwelling units or lots created shall be
for the use of and available to moderate-income families.
Services.
The development shall be served by public water
or an approved community water supply. The Planning Board may, but
need not, waive this requirement only as to unimproved lots which,
because of their location and size, are able to obtain Suffolk County
Department of Health Services approval for use of individual wells
thereon.
The method of sewage disposal shall be approved
by the Suffolk County Department of Health Services and shall also
be deemed adequate and appropriate by the Planning Board.
Stormwater drainage systems shall be designed
so that the rate of runoff from the site during a one-hundred-year
storm will not exceed that which would have occurred prior to its
development. The calculation of such runoff rate and the design of
the drainage system shall be subject to approval of the Town Engineer.
Proper access for fire-fighting equipment and
personnel shall be provided. Hydrants in such locations and numbers
and with such pressures as the Planning Board determines to be adequate
and necessary, based on recommendations of the Town Engineer, the
Town Fire Prevention Inspector and the Fire Department having jurisdiction,
shall be installed.
All utilities, including electric, telephone
and cable television, shall be installed underground. In the case
of apartments in one or more multiple residences, television service
shall be provided either by cable or master antenna system(s) as approved
by the Planning Board. Exterior antennas for individual dwelling units
shall not be permitted.
Design.
Each apartment created shall have its own separate
entrance/exit leading directly to the outside. The Planning Board
may waive this requirement, but only where it has determined, based
upon recommendation of the Town Fire Prevention Inspector, that the
intent of this requirement to provide for occupant safety while at
the same time avoiding creation of common hallway areas has been achieved
through an alternative building design.
Each apartment created shall be provided with
a private outdoor space in the form of a patio, terrace, garden, courtyard,
deck or balcony, which space shall immediately adjoin and be directly
accessible to the dwelling unit it serves.
There shall be at least one recreation area
on the site, improved and maintained for the exclusive use of the
residents of the development and their nonpaying guests. It shall
contain at least 75 square feet of lot area per dwelling unit, and
in no case less than 50 square feet per bedroom. The plan for the
recreation area shall be approved by the Planning Board as to location,
design and adequacy, taking into account the size of the development
and the nature of the anticipated occupancy thereof.
All portions of the site not required to be
devoted to one or more of the uses described above shall be designed
and maintained as open space, either to be landscaped or preserved
in its natural state, all in accordance with plans approved by the
Planning Board.
Legal.
An affordable housing development may be owned
by one or more individuals or corporations, but shall be presented
as a single site and single development proposal at the time application
for a special permit is made. Such joint or combined ownership shall
be confirmed in a written agreement, in recordable form, acceptable
to the Town Attorney and approved by the Planning Board.
The Planning Board shall require that the applicant
and/or owner 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, the Board may determine
to be necessary to ensure that:
The particular housing types and uses approved
are in fact created and maintained;
The prices of lots, residences or apartments
sold or resold, or the rentals charged for the same, fall within previously
agreed-upon minimum and maximum guidelines, and that leases provide
for year-round rentals;
The units created, and the site itself, are
properly constructed, maintained and used, and unapproved uses are
excluded;
The persons or class of persons for whom the
development was designed and approved do in fact continue to occupy
the housing created on the site and benefit from the existence of
the development for the lifetime thereof;
The requirements of any other local, state or
federal agency involved in the financing of the development or otherwise
directly involved in sponsoring the same are adhered to;
The health, safety and welfare of occupants
of the approved development and of adjacent property owners and other
Town residents are adequately protected;
Any other condition deemed reasonable and necessary
to ensure the immediate and long-term safety or success of the development
is met.
[Amended 9-17-1993 by L.L. No.
28-1993]:
The parcel shall have a minimum lot area of
five acres, inclusive of any lot area requirement for a single-family
residence on the property.
The Planning Board shall in any case determine
that sufficient lot area exists for the use, considering the number
and type of animals proposed to be accommodated, so that pasturage
areas will not be denuded of vegetation and so that visual blight,
blowing dust, soil erosion and similar problems will be avoided. In
making this determination, the Planning Board may take into account
industry standards and practices for the particular type of animal
husbandry regarding a desirable lot area per animal.
All parking areas, animal shelters, stables
and permanent or temporary manure storage areas shall be set back
from lot boundaries such that no undue disturbance or nuisance is
caused to neighboring property owners from noise, dust or odors. Such
parking areas, shelters, stables and manure storage areas shall, in
any case, meet at least double the required minimum setback from any
property line required of a principal building in the zoning district
in which the structures are located.
The perimeter of any pasture, open enclosure
or exercise area shall be set back at least 10 feet from the boundary
of any adjoining property except a street or a parcel whose use is
restricted in perpetuity to agriculture.
The Planning Board shall determine that animal
wastes can and will be disposed of in a manner which ensures that
no sanitary problem or nuisance is created which affects neighboring
properties.
The use shall comply with all requirements of Chapter 185 and this chapter regarding noise.
A special permit issued under this subsection
shall authorize only the particular type of animal husbandry use applied
for (e.g., horse farm, dairy farm). Any change in the type or nature
of animal husbandry use authorized shall require issuance of a new
special permit.
[Amended 10-7-2005 by L.L. No. 31-2005]
All dwelling units created shall be for the
use of and available to moderate-income families, who are certified
as such on an annual basis by the Office of Housing and Community
Development, or other certifying agency as determined by the Town
of East Hampton. Owner shall submit a copy of the lease and supporting
documentation to the Office of Housing and Development on an annual
basis and prior to renting the apartment to a new occupant. The Office
of Housing and Community Development shall collect an application
fee for each annual renewal and for each new occupant, as set from
time to time by the Town Board, and shall certify that the proposed
tenant(s), any other occupant(s), and the rental agreement meet the
income and rental eligibility requirements set forth in this chapter.
The explicit written approval of the Town Fire
Marshal shall be obtained for the design, location, access and other
safety-related elements of every such apartment. No apartment shall
be permitted within any establishment or type of establishment that
the Fire Marshal determines to pose a greater-than-average built-in
fire risk. Commercial buildings with one or more apartments shall
be equipped with an automatic fire sprinkler system and the commercial
occupancy shall be equipped with an automatic fire detection system
that is connected to an annunciating device within the apartment.
The habitable floor area of the apartment shall
be at least 450 square feet, but in no case more than 1,200 square
feet. The apartment shall contain all services for safe and convenient
habitation meeting the New York State Uniform Fire Prevention and
Building Code and the Sanitary Code.
[Amended 7-18-2023 by L.L. No. 18-2023]
There shall be no more than four apartments
created or maintained in any single building. Notwithstanding the
foregoing, for parcels situated within the Commercial Service or the
Commercial Industrial Zoning Districts that adjoin residentially zoned
property, there shall be no more than two apartments per acre and
a maximum of four apartments created or maintained in any single building.
In calculating the number of acres for purposes of this subsection,
the Planning Board may consider the sum total acreage of adjoining
single and separate parcels held in the same beneficial ownership.
The Planning Board may then approve up to four apartments on any one
parcel provided that the sum total of the number of apartments on
the adjoining parcels does not exceed two apartments per acre. The
Planning Board shall require the applicant to file appropriate legal
instruments, subject to approval by the Town Attorney, to ensure that
this overall limitation is not exceeded in the future.
Each apartment or common hallway servicing two
or more apartments shall have a separate and distinct appropriately
fire-rated access to the outside of the building, from the other nonresidential
access.
Each apartment shall have at least one on-site
parking space meeting the standards of this chapter, conveniently
located for access to the apartment. The Planning Board may waive
this requirement if it determines that there is sufficient parking
on site or sufficient nearby on-street parking.
Only the owner of the building in which it is
proposed to locate the apartment(s) may apply for this special permit.
The Planning Board shall require that such applicant 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, the Board shall determine to be necessary to
ensure that:
[Amended 7-18-2023 by L.L. No. 18-2023]
The apartment is the domicile of all tenants
therein and the tenant(s) or any other occupant(s) of the apartment
do not own a residence;
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 building in which the apartment is
located;
The rental charged for the apartment remains
within previously agreed-upon minimum and maximum guidelines, and
the apartment is made available for year-round rental but may also
be available for seasonal rental;
The apartment is properly constructed, maintained
and used, and unapproved uses are excluded therefrom;
The persons or class of persons for whom the
apartment was designed and approved do in fact continue to occupy
the apartment and benefit from the existence of the apartment for
the lifetime thereof;
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 complied
with;
Each apartment shall have a maximum of two bedrooms
with a maximum of two beds and two occupants per bedroom; and
Apartments shall be subject to inspection for
compliance with the Town Code and the Building Code by the Fire Marshal,
the Building Department, and the Office of Housing and Community Development
and may also be subject to inspection upon reasonable notice by Code
Enforcement as part of an investigation in response to a complaint.
Site plan approval (Article VI) and architectural review approval (Article VII) shall be obtained prior to issuance of any building permit or certificate of occupancy, and no special permit shall be issued until a public hearing, which hearing may be combined with the required site plan review hearing, has been held by the Planning Board.
The Planning Board shall consider the following
as guidelines for design of apartments within commercial structures
that are situated in either the Commercial Industrial or the Commercial
Service Zoning Districts:
If there is sufficient outdoor space available
and it is appropriate, consideration should be given to incorporating
outdoor common areas or private outdoor space for the apartments.
Installation of washing machines and dryers
in each apartment unit.
Residential building entrances should be located
as far away from commercial entrances as practicable.
Residential parking should be located separately
from commercially designated parking spaces when practicable.
Screening in the form of fencing and landscaping
should be provided to separate the residential and commercial uses
on site, and additional screening should be provided when the subject
property borders residentially zoned property.
[Added 10-2-2014 by L.L. No. 33-2014]:
All dwelling units created shall be for the use of and available
to moderate-income families, who are certified as such on an annual
basis by the Office of Housing and Community Development, or other
certifying agency as determined by the Town of East Hampton. Owner
shall submit a copy of the lease and supporting documentation to the
Office of Housing and Development on an annual basis and prior to
renting the apartment to a new occupant. The Office of Housing and
Community Development shall collect an application fee for each annual
renewal and for each new occupant, as set from time to time by the
Town Board, and shall certify that the proposed tenant(s), any other
occupant(s), and the rental agreement meet the income and rental eligibility
requirements set forth in this chapter.
The explicit written approval of the Town Fire Marshal shall
be obtained for the design, location, access and other safety-related
elements of every such apartment. No apartment shall be permitted
within any establishment or type of establishment that the Fire Marshal
determines to pose a greater-than-average built-in fire risk.
The habitable floor area of the apartment shall be at least
450 square feet, but in no case more than 1,200 square feet. The apartment
shall be located either on the first or second floor of the building,
but shall not be located in a basement or cellar, or accessory structure,
and the apartment shall contain all services for safe and convenient
habitation, meeting the New York State Uniform Fire Prevention and
Building Code and the Sanitary Code.
There shall be no more than two apartments created or maintained
in any single building.
Each apartment shall have a separate and distinct appropriately
fire-rated access to the outside of the building, from the other nonresidential
access.
Each apartment shall have at least one on-site parking space
meeting the standards of this chapter, conveniently located for access
to the apartment. The Planning Board may waive this requirement if
it determines that there is sufficient parking on site or sufficient
nearby on-street parking.
Only the owner of the building in which it is proposed to locate
the apartment(s) may apply for this special permit. The Planning Board
shall require that such applicant 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,
the Board shall determine to be necessary to ensure that:
The apartment is the domicile of all tenants therein and the
tenants or any other occupants of the apartment do not own a residence;
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 building in which the apartment is located;
The rental charged for the apartment remains within previously
agreed-upon minimum and maximum guidelines, and the apartment is made
available for year-round rental but may also be available for seasonal
rental to employees of the business operating within the same commercial
structure;
The apartment is properly constructed, maintained and used,
and unapproved uses are excluded therefrom;
The persons or class of persons for whom the apartment was designed
and approved do in fact continue to occupy the apartment and benefit
from the existence of the apartment for the lifetime thereof;
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 complied with;
Each apartment shall have a maximum of two bedrooms; and
Apartments shall be subject to inspection for compliance with
the Town Code and the Building Code by the Fire Marshal, the Building
Department, and the Office of Housing and Community Development and
may also be subject to inspection upon reasonable notice by Code Enforcement
as part of an investigation in response to a complaint.
Site plan approval (Article VI) and architectural review approval (Article VII) shall be obtained prior to issuance of any building permit or certificate of occupancy, and no special permit shall be issued until a public hearing, which hearing may be combined with the required site plan review hearing, has been held by the Planning Board.
The Planning Board shall consider the following as guidelines
for design of apartments within commercial structures that are situated
in the Limited Business Overlay Zoning District:
Impacts to the historic or residential nature of the structure
and setting that would result from changes to the site necessary to
create the apartment.
Residential building entrances should be located as far away
from commercial entrances as practicable.
Residential parking should be located separately from commercially
designated parking spaces when practicable.
[Added 7-2-2015 by L.L.
No. 23-2015]
Any outdoor areas planned for the site shall be clearly depicted
on a site plan, delineated on the property and be located such that
the noise and other effects generated will be reasonably screened
from adjacent properties and compatible with existing and potential
uses thereon. Where such an adjacent property is a residential property
or any property with an occupied residence, complete screening of
the activity and its effects shall be deemed necessary to meet this
requirement.
The bar or tavern use shall be located as an accessory use in
one of the principal buildings utilized for the resort or transient
motel and shall not occupy more than 10% of the existing aggregate
gross floor area or no more than 1,000 square feet, whichever is lesser,
plus delineated outdoor areas of the resort or transient motel. A
freestanding accessory bar or tavern shall not be permitted.
The parking requirements for a resort or transient motel with an accessory bar or tavern shall be calculated by adding the parking requirements for the principal use based upon existing Code requirements at the time of the application plus 50% of the parking required for the accessory use if that use were a primary use at the property. However, the Planning Board shall have the authority to reduce the required parking upon a finding that, based upon existing conditions, conditions that may be imposed by the Board as a part of their approval, and/or proposed mitigation offered, the Planning Board determines that the parking will be in compliance with the standards or safeguards of this Article V, including, but not limited to, a determination that the site after addition of the accessory use, subject to such conditions and/or mitigation, will provide sufficient parking, not result in additional traffic congestion or a significant increase in the risk of vehicular and/or pedestrian accidents, and promotes sound community planning.
[Amended 11-20-2018 by L.L. No. 18-2018]
All outdoor areas shall be set back from any side or rear yard property line, when the adjoining property is a residence, a distance which is twice that required by the provisions of § 255-11-10 for an accessory building, or structure on the subject lot.
In order to establish a bar or tavern as an accessory use to
a resort or transient motel, said resort or transient motel shall
have a minimum of 25 guest rooms.
An accessory bar or tavern to a resort or transient motel shall also meet the special permit standards established by § 255-5-50 for a tavern or bar.
Every accessory bar or tavern to a resort or transient motel shall be subject to the additional rules and regulations pertaining to this use which are found in Article XI, Uses and Dimensions.
With the exception of the requirement in § 255-5-26 hereof, a legally preexisting bar or tavern use, which lawfully exists on the effective date of this section, shall not be subject to the limitations and requirement set forth herein.
[Added 12-18-1997 by L.L. No. 40-1997]
The site shall be provided with public rest
rooms.
The site shall be of adequate size to accommodate
an improved parking area capable of handling pickup and delivery of
passengers as well as areas for long-term parking, all of which areas
are large enough for the peak number of passengers anticipated to
use the terminal.
[Added 12-2-1994 by L.L. No. 13-1994]
The lot area shall be at least 20,000 square feet, and the lot shall have frontage along a main artery of travel as defined in Chapter 240 of this Code.
No church, school, library, playground or similar
place of public assembly shall be within 500 feet of the site.
Storage area for vehicles waiting for service
shall be provided on the site, and such storage shall not be permitted
to occur on a public street or highway. Not more than five motor vehicles
shall be stored outdoors overnight.
The business shall not provide services other
than washing, vacuuming, waxing, polishing, simonizing or similar
treatment.
Outdoor storage and display of accessories,
portable signs and outdoor repair work shall be prohibited at all
times. The site shall not be used for the sale, rental or display
of automobiles, trailers, mobile homes, boats or other vehicles.
Water used in the washing process shall be recycled,
and the facility shall be designed, located and operated to protect
the groundwater reservoir from pollution.
No permit shall be issued for the creation or
the substantial expansion of a cemetery in the Agricultural Overlay
District to avoid loss of prime agricultural soils.
Creation or expansion of a cemetery in the Water
Recharge Overlay District or within 300 feet of any wetland area or
watercourse shall only be approved upon condition that interment caskets
be encased in watertight liners to restrict the entry of body decomposition
and embalming chemicals into local ground- or surface waters.
Lawn areas shall be planted with drought-tolerant
grasses to minimize the need for irrigation and the use of fertilizers.
This use (hereafter "change") shall be unlawful except in those districts in which it is shown as a special permit use in the Table of Uses in Article XI (§ 255-11-10) hereof, and then only after a special permit shall have been obtained for the particular change proposed. The special permit may authorize change into a two-family residence (a form of multiple residence) as defined herein or to a multiple residence consisting of two, three or four apartment units, subject to requirements of the following subsections.
A special permit shall be required regardless
of whether the change involves any construction or alteration of the
configuration of the existing building or of any other structure on
the lot.
There shall be no subdivision of the lot on
which the residence is located, unless the same results in all new
lots being greater than 40,000 square feet in area.
No special permit for the change shall issue
unless the owner of the single-family residence shall execute an instrument
running in favor of the Town, in recordable form and acceptable to
the Town Attorney, assuring that the existing residence will be retained
in place on the lot, and that the same will be used for the approved
multiple-residence use only, with all other uses, whether or not permitted
in the district, excluded from the residence and the lot for so long
as the multiple-residence use is maintained thereon.
No special permit for the change to a multiple
residence with three apartments shall be granted unless the lot is
at least 30,000 square feet in area; nor a permit for a change to
a multiple residence with four apartments unless the lot is at least
40,000 square feet in area.
In the case of change to a multiple residence
with two, three or four apartments, Subsections through and (7) through
(9) in that part of this section entitled "Apartments in Single-Family
Residences" shall apply and shall be adhered to.[1]
For a beach club, the site shall be not less
than two acres, and there shall also be at least two linear feet of
beach frontage for each individual member. For any other club not
having a golf course, the lot area shall be not less than 10 acres.
A club having a golf course shall have at least nine holes conforming
to the standards of the United States Golf Association and shall not
be constructed on a site having less than 50 acres, with another 50
acres for each additional nine holes or fraction thereof.
The facility shall not provide dwelling units
or any other residence facilities in excess of the number of dwelling
units that would be permitted on the site under all applicable provisions
of this Code.
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 that noises generated
thereon shall be contained on site.
Outdoor lighting shall not project light onto,
nor shall light sources be visible from, neighboring properties. No
outdoor light shall be more than 10 feet above the ground level underneath
it.
There shall be no outdoor public-address or
music system.
Activities shall not include a nightclub.
All parking shall be provided for on the site
in appropriate areas sufficient in size to meet the needs of members
and guests even during special events and other peak loading periods.
In the Water Recharge Overlay District, there
shall be no clearing or grading of naturally vegetated areas for the
creation or expansion of a golf course after the effective date of
this chapter.
Drought-tolerant grasses shall be required on
all golf courses in order to minimize irrigation and fertilizer needs.
Conversion shall be unlawful except in those
use districts in which it is authorized by special permit, and no
conversion shall be carried out unless and until a special permit
shall have been obtained for the particular conversion proposed.
A special permit and a building permit shall
be obtained regardless of whether the conversion involves any construction
or alteration of the configuration of the existing building or of
any other structure on the lot.
There shall be no subdivision of the lot on
which the subject building or buildings to be converted are located.
Subject to Subsection (5)(a) below, conversion shall not result in the creation or continuation on any site of a number of dwelling units in excess of a density of six units per acre of lot area, except that in the Resort District (RS) or the Multifamily District (MF), resulting unit density shall not exceed the following maximums:
No structural changes involving the exterior
or the interior layout of any principal building (i.e., a building
containing a dwelling unit or units): a number equal to the number
of dwelling units lawfully existing on the site on the effective date
of this section.
Structural changes not involving expansion of
external dimensions of existing principal buildings or the creation
of any new such buildings: a number equal to 12 units per acre of
lot area, but in no case more than a number equal to Subsection (4)(a)
above.
Structural changes involving exterior expansion
of existing principal buildings: a number equal to six units per acre
of lot area, but in no case more than a number equal to Subsection
(4)(a) above.
If it concludes that a special permit for the
conversion may be issued, the Planning Board may impose such reasonable
and necessary conditions as it determines to be necessary in order
to assure that the changed nature, duration or intensity of use of
the buildings and structures which it finds likely to take place do
not result in deleterious impacts on neighboring properties, the neighborhood
or the environment. Included among these conditions may be requirements
of:
Reduced unit density or change in unit sizes
to assure continued compliance with the spirit and letter of the requirements
of this chapter.
Increased parking area.
Upgraded sewage and waste disposal facilities.
Improved water supply, including, if necessary,
the extension of public water service.
Enhanced buffering and screening.
Modified on-site drainage facilities and other
changes designed to deal with potential longer seasonal or even year-round
occupancy of buildings formerly used only in the summer.
Interior or exterior alterations of any on-site
building or structure, new or improved fire detection or fire alarm
systems or any other change in site layout or limitation of specified
on-site activities, if designed to address potential negative consequences
or dangers of foreseeable changes in the use of the property resulting
from conversion.
The building permit and certificate of occupancy
which this chapter requires for such conversions shall not be issued
until a special permit, together with site plan approval, architectural
and design approval and all other required local approvals, has been
obtained.
Notwithstanding any language in the definition
of this use, specified types of boat building may be authorized in
a special permit issued on a Waterfront District (WF) lot.
[Added 10-6-1995 by L.L. No. 12-1995]:
Lot area, exclusive of any flag strip, must
exceed 300,000 square feet.
No greater than 15% of the lot area may be cleared, with clearing to be calculated as set forth in Subsection E of § 255-3-65 hereof.
The location, amount and nature of the proposed
clearing shall not have the following adverse effects:
Endangerment of the Town's groundwater or of
wetlands (including surface waters) adjacent to or downgradient of
the proposed clearing;
Destruction of vegetative buffers adjacent to
wetlands (including surface waters) or degradation of important wildlife
habitat;
Destruction of vegetation which is rare or unusual
in the Town; or
Despoliation of publicly important views or
buffers, such as areas which are visible from natural bodies of water
or public streets or which border protected natural lands.
[Added 9-1-1989 by L.L. No. 10-1989; amended 12-2-1994 by L.L. No.
15-1994]:
Lot area, exclusive of any flag strip, must
exceed 300,000 square feet.
No greater than 15% of the lot area may be cleared, with clearing to be calculated as set forth in Subsection E of § 255-3-65 hereof.
The location, amount and nature of the proposed
clearing shall not have the following adverse effects:
Endangerment of the Town's underground drinking
water supply or of wetlands (including surface waters) adjacent to
or downgradient of the proposed clearing;
Degradation of important wildlife habitat, for
example by fragmenting a large, intact forest block;
Destruction of vegetation which is rare or unusual
in the Town; or
Despoliation of publicly important views or
buffers, such as areas which are visible from public streets or which
border protected natural lands or publicly accessible trails.
[Amended 11-15-1996 by L.L. No. 19-1996]:
The building containing the use shall have a
gabled roof, shall be sheathed in natural wood or wood shingle siding
and shall have an overall design and appearance which conforms to
the traditional and indigenous style of architecture in East Hampton.
This special permit requirement shall be satisfied in any Planning
Board or Architectural Review Board approval of the use, notwithstanding
any other provision of this chapter which might be construed to delegate
architectural review and approval solely to the Architectural Review
Board.
Any drive-in or drive-through customer service
window shall be located so that it does not negatively impact traffic
flow on-site or off-site.
An indoor dining area shall be provided having
adequate size to accommodate the anticipated use.
[Added 12-18-1997 by L.L. No.
40-1997]:
No special permit shall be issued hereunder
unless the Planning Board shall find and determine that the passenger
ferry service to be accommodated by the proposed passenger ferry terminal
will not result in either of the following adverse effects:
A significant increase in overall traffic volume
on the streets of the Town; or
An increase in traffic volume along any portion
of a state road, county road or other collector street or an increase
in traffic volume at the intersection of a state road, county road
or other collector street with another state road, county road or
collector street, such that traffic flow on that road segment or at
that intersection would be degraded by an amount equivalent to a reduction
in the level of service of the road segment or intersection by one
full grade. For the purpose of applying this standard, "level of service"
shall have the meaning ascribed to it in the Highway Capacity Manual
prepared by the Transportation Research Board of the National Research
Council.
The site shall be of adequate size to accommodate
an improved parking area capable of handling pickup and delivery of
passengers as well as areas for long-term parking, all of which areas
are large enough for the peak number of passengers anticipated to
use the terminal.
In order to assist the Planning Board in making the determinations required by Subsections (1) and (2) hereof, every application for a special permit hereunder shall state a maximum ferry passenger capacity for the terminal. The Planning Board shall use this capacity in evaluating the eligibility of the proposed use for a special permit and may set a lower maximum capacity as a condition of any special permit which it issues if the Board believes this is necessary to ensure compliance with the provisions of this chapter. Any special permit actually issued by the Planning Board shall impose a maximum ferry passenger capacity for the terminal. Said capacity shall not be increased unless a new special permit has first been issued therefor.
The site shall be provided with public rest
rooms.
The lot area shall not be less than 20,000 square
feet, nor shall it have a contiguous street frontage of less than
100 feet along a collector street or highway.
No church, school, library, playground, museum,
historic building or similar place of public assembly, wetland, watercourse,
surface water or environmental preserve or park shall be located within
500 feet of the site.
Entrance and exit driveways shall be located
at least 20 feet from any side or rear property line. Such driveways
shall be laid out as to avoid the necessity of any vehicle backing
across any right-of-way.
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.
All pumps and lubricating or other devices shall
be located at least 50 feet away from any building, structure or street
line.
All gasoline, oil, solvents or other volatile,
flammable, toxic or environmentally harmful liquids or substances
shall be stored in accordance with the provisions of applicable federal,
state, county and Town law.
The site plan shall show a circulation diagram
of how a number of vehicles in excess of the maximum number which
can reasonably be expected to be using the station at any one time
will be serviced at the pumps and how adequate room for such vehicles
to queue within the premises will be provided without adverse effect
on entrances, exits or off-site traffic flow.
When repair services are to be included, there
shall be ample parking spaces provided for such vehicles without obstructing
refueling operations, and no portion of any public street or right-of-way
shall be used for storage of vehicles awaiting repair.
At least one pump attendant must be present
and available on the station site to provide full service to those
persons needing or desiring it at all times during which the station
is in operation; however, some or all of the operating pumps at the
station may be of the self-service type. Automatic fire suppression
systems approved by the Chief Fire Marshal shall be provided and maintained
in working order over any service island containing one or more such
self-service pumps.
[Amended 6-5-1987 by L.L. No. 8-1987]
The sale of products other than those required
for automotive repair shall be prohibited, except that mechanical
dispensers of ice, soft drinks, cigarettes and candy may be installed,
provided that installation and use of the same will not interfere
with the safe operation of the station, and subject to site plan review
approval by the Planning Board.
The sale or rental of vehicles, trailers, boats
and similar items shall be considered a separate and distinct use
of the premises for all purposes of this chapter.
In the Waterfront District, fish processing
shall be permitted only as an accessory use to a commercial fishing
dock where fish products are unloaded for market distribution.
In the Commercial-Industrial District, larger facilities may be approved, subject to compliance with all provisions of § 255-5-40 hereof.
Wherever proposed, the facility shall be permitted
only if it shall be demonstrated to the satisfaction of the issuing
board that there is available sufficient water for icing, cleaning
and all other operations involved without causing significant negative
impact on the groundwater supply, especially where such local supply
supports other existing residential or commercial development.
There shall be a workable plan for the proper
disposal of fish parts and all other wastes generated, and no such
wastes shall be permitted to be discharged into surface waters.
[Added 5-21-2015 by L.L.
No. 11-2015]
[Added 9-18-2014 by L.L. No. 32-2014]
The formula business is compatible with existing surrounding
uses, and has been designed in a nonobtrusive manner to preserve the
community's unique rural and historic character.
The approval of the formula business shall be consistent with
the policies, goals and standards of the Comprehensive Plan, including,
but not limited to, consideration of the following goals:
Maintain and restore, where necessary, East Hampton's rural/semirural
character and the unique qualities of each of East Hampton's historic
communities;
Protect the natural and cultural features identified in the
Comprehensive Plan;
Protect historic buildings, hamlets, neighborhoods, landscapes
and scenic vistas from incompatible development; prevent further loss
of the Town's cultural and archeological resources.
For a formula business within a designated historic district,
the Planning Board shall find that said business shall comply with
the preservation goals set forth in the Town Code for that specific
historic district.
The formula business shall not contain the features or attributes
of the formula business except for the service or product.
The formula business shall utilize a unique visual appearance
that is consistent with the character of the Town and not project
a visual appearance that is homogeneous with its element in other
communities.
Only one formula business shall be permitted per building or
lot, except for a lot containing a legal multiple-business complex.
A multiple-business complex may have 50% of the permitted or special-permitted
businesses be formula businesses.
All storage shall be only for the purposes of
local retail use.
The installation of tanks for flammable liquids
and gases shall be in conformance with the applicable standards of
the National Board of Fire Underwriters. The installation shall also
be approved by the Town Fire Prevention Inspector and the local Fire
Department having jurisdiction.
Tanks shall be double-lined, vacuum-sealed,
easily accessible for leak detection and located within impervious
saucer-type fuel-spill containers to prevent pollution from spillage
and to facilitate the cleanup of same.
The lot area shall be determined to be of sufficient
size to contain all damage resulting from a foreseeable accident without
harm to other properties.
[Added 12-18-1997 by L.L. No. 39-1997]
No lot having frontage on or taking legal access
from any of the following streets shall be eligible for such permit:
Montauk Highway (State Route 27), North Main Street (County Road 40),
South Edgemere Street (County Road 49) or The Plaza (Montauk Traffic
Circle).
Building coverage shall not exceed 40% of lot
area.
The Planning Board shall have authority to require
that any building for which such permit is issued be clad in natural
wood siding, notwithstanding any approval which may be granted for
the building by the Architectural Review Board.
In determining whether a proposed site is a suitable location for the use, as required by § 255-5-40 hereof, the Planning Board may consider the site's proximity to other motor vehicle related uses, such as filling stations, repair garages, automobile sales lots or showrooms and public and private parking lots.
[Repealed 9-17-1993 by L.L. No. 28-1993]
[Repealed 9-17-1993 by L.L. No. 28-1993]
[Added 8-18-2005 by L.L. No. 25-2005]
The conversion of a preexisting legal playing court to a seasonal tier two ice rink shall not be considered an additional use of the property for purposes of § 255-2-45.
All refrigeration, auxiliary power generation
and fuel equipment shall be set at twice the minimum accessory structure
setback requirements of the applicable zoning district as set forth
in the Town of East Hampton Zoning Code.
Muffling of noise. The Planning Board must insure
that the generator or refrigeration unit is provided with insulation/mufflers
that reduce the noise levels at the property lines to 50 dBA or less.
The applicant must demonstrate and the Planning
Board must insure that appropriate parking arrangements have been
made. No parking is to be permitted on the street.
Where the facility is one in which chemicals or radiation is to be used, the Planning Board shall require redundant safeguards and fail-safe designs and construction and may also limit or prohibit certain activities or classes of activities in order to ensure that Chapter 180 and other provisions of this Code intended to protect the public health and the community groundwater supply are not violated by operation of the facility or by-products which it generates.
A laboratory which is part of, or associated
with, another facility, for example a hospital or medical arts building,
shall be subject to the preceding provisions.
No discharges of pollutants or other activities
of any kind deleterious to surrounding wetlands and surface waters
shall be permitted to occur on the site, and the Planning Board may
require specific layouts or facility designs in order to ensure that
such effects will not occur.
Sanitary rest rooms, holding tanks and sewage
disposal shall be provided on site in accordance with federal and
state law, as well as the regulations of the Suffolk County Department
of Health Services and this Code.
There shall be provision made for the safe collection
and disposal of boat-generated solid wastes.
Outdoor lighting shall be contained on site,
and no dock lighting may be more than 10 feet above the ground or
dock level underneath it. These provisions shall not apply to navigational
aids approved by the Coast Guard and the Town.
Public address or speaker systems shall be designed
so as to project little or no noise across the property lines of the
facility onto neighboring residential properties, and no such system
shall be used between 10:00 p.m. and 8:00 a.m.
The existing quality of tidal waters shall be
protected or improved to the extent practicable by the applicant through
marina design, including protective means to preserve the viability
of important wetlands on the site, restricting dredging to the minimum
needed and dredging during periods least destructive to shellfish,
and similar, posting signs designed to educate boat owners about proper
trash and sewage disposal and the like. The Planning Board may condition
any special permit on these or any similar requirements.
[Amended 5-3-2002 by L.L. No.
9-2002]
Adequate space for parking shall exist on the
site to service the facility when developed at its full capacity.
This provision shall not apply to sites in the Central Business (CB)
District which are located within 500 feet of a municipal parking
facility which is capable of handling the parking needs of the theater
during evening hours, provided that the on-site parking on the theater
lot is at least sufficient to handle anticipated early afternoon capacity.
An aggregate capacity of 500 seats shall be
the maximum permitted on any one site, regardless of the number of
theaters involved in the plan.
This use shall only be permitted where the Planning
Board determines that it is in the community interest to allow the
simultaneous master planning of a large business site, composed of
one or more lots, so as to bring into being multiple uses thereon
without subdivision. In making this determination, the Planning Board
shall ask the advice of the Architectural Review Board regarding the
design, scale and appearance of the proposed complex, and the compatibility
of same with adjacent properties, the neighborhood and the community
in which it is proposed to be created.
The size of the resulting complex of uses, and
the rate at which it is to come into existence, shall not result in
environmental degradation, economic disruption or overburden public
support service or facilities, including streets, parking lots, police,
fire and other necessary services, as they exist in the community.
The total number of individual business uses
permitted to come into existence on the entire site shall not exceed
the number which would have been possible on the individual properties
of which the site is composed.
The coverage and total coverage on the site
shall not exceed, and preferably should be well below, that allowed
in the district for buildings, structures and other improvements on
a single lot. Further, the number of parking spaces provided shall
be at least equal to the total number of such spaces which district
regulations would require if the uses were each located on a separate
site.
The Planning Board may require the merger of
some or all of the single and separate lots included in the site,
may require the filing of instruments preventing subdivision of the
site and, if necessary, may require the dedication to the Town of
one or more rights-of-way, streets or parking areas. Cooperative or
condominium ownership of individual stores, spaces or buildings may
be permitted or prohibited as the Planning Board deems appropriate.
This use shall only be permitted where the Planning
Board determines that it is in the community interest to all the simultaneous
master planning of a large industrial site, composed of one or more
lots, so as to bring into being thereon multiple uses without subdivision.
In making this determination, the Planning Board shall ask the advice
of the Architectural Review Board regarding the design, scale and
appearance of the proposed complex, and the compatibility of same
with adjacent properties, the neighborhood and the community in which
it is proposed to be located.
The size of the resulting complex of uses, and
the rate at which it is to come into existence, shall not result in
environmental degradation, economic disruption or over-burden public
services or facilities, including streets, parking lots, police, fire
and other necessary services, as they exist in the community.
The total number of individual industrial uses
permitted to come into existence on the entire site shall not exceed
the number which would have been possible on the individual properties
of which the site is composed.
The coverage and total coverage on the site
shall not exceed, and preferably should be well below, that allowed
in the district for buildings, structures and other improvements on
a single lot. Further, the number of parking spaces provided shall
be at least equal to the total number of such spaces which district
regulations would require of the uses were each located on a separate
site.
The Planning Board may require the merger of
some or all of the single and separate lots included in the site,
may require the filing of instruments preventing subdivision of the
site and, if necessary, may require the dedication to the Town of
one or more rights-of-way, streets or parking areas. Cooperative or
condominium ownership of individual facilities, spaces or buildings
may be permitted or prohibited as the Planning Board deems appropriate.[2]
When proposed for any single-family residence district pursuant to Chapter 193, all regulations in that chapter concerning apartments shall be complied with, and no special permit hereunder shall be required.
When proposed for a lot in Resort District (RS),
all conditions and requirements of the subsection below entitled "Resort"
shall be complied with and a special permit must be obtained.
When proposed to be created by a change of use
of an existing single-family residence, all conditions and requirements
of the subsection above entitled "Change of Existing Single-Family
Residence to Two-Family or Other Multiple Residence" shall be complied
with, and a special permit must be obtained.
When proposed on any site within the Affordable
Housing Overlay District (AHO), all applicable conditions and requirements
of the subsection above entitled "Affordable Housing Development"
shall be complied with, and a special permit must be obtained. In
addition, the following requirements must be met in order to be eligible
for such permit:
There shall be at least 170,000 square feet
of lot area.
There shall be no less than 5,445 square feet
of lot area for each multiple-residence apartment.
Each apartment shall be no less than 400 square
feet for efficiencies nor more than 1,200 square feet for three-bedroom
units, with an average unit size not to exceed 1,000 square feet,
and each shall be provided with appropriate sanitary, kitchen and
service facilities.
[Amended 12-18-2009 by L.L. No. 28-2009]
[Amended 10-3-1986 by L.L. No.
5-1986; 4-3-1987 by L.L. No. 5-1987; 12-17-1993 by L.L. No.
34-1993; 10-6-1995 by L.L. No. 12-1995; 4-19-1996 by L.L. No.
5-1996; 12-18-1997 by L.L. No. 38-1997; 4-13-2007 by L.L. No.
14-2007]
The specific standards and safeguards for a natural resources special permit are fully set forth at § 255-5-51 hereof. All references in this chapter to such standards and safeguards for natural resources special permits shall be deemed to refer to the provisions of § 255-5-51, and those provisions shall be deemed part of § 255-5-50 for all purposes hereunder.
The site 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 not be less than 500 feet from any residence within a residence
district boundary.
All entertainment activities shall be completely
screened from view from outside the site.
Off-street parking shall be provided sufficient
to the capacity of the building to prevent obstruction of ingress,
egress and traffic flow on adjacent streets and rights-of-way. Fire
lanes required by the Fire Prevention Inspector during site plan review
shall be able to be accommodated.
[Repealed 11-15-1996 by L.L. No.
19-1996]
[Added 10-21-1988 by L.L. No.
9-1988]:
The site must be located within 500 feet of
a Neighborhood Business District or a Central Business District which
can provide related facilities in connection with such offices.
The use shall not create pedestrian or vehicular
traffic hazards in relation to surrounding uses, access to public
roads and intersections or other buildings or potential uses on or
near the site.
Each office within the office park is not considered
a separate use if the lot is devoted exclusively to offices.
In addition to the minimum number of parking stalls required by § 255-11-45, one parking stall per office shall be provided for each office in excess of two per lot.
In no case shall over-the-counter or other direct
retail sales activities be permitted in any office within an office
park.
No cafeteria or eating establishment, health
spa or other similar uses shall be permitted within the office building.
The lot area shall not be less than two acres.
When adjacent to any residential property, there
shall be a transitional yard 100 feet in depth along all property
lines, with natural screening or screen plantings sufficient in height
and density to assure compatibility with such properties.
Street frontage locations shall require special
natural or landscape treatment in order to screen storage yards from
public view.
Water used in washing processes shall be recycled,
and the overall facility shall be designed, located and operated so
as to protect the ground water reservoir from pollution.
Extraction of site materials, such as sand and
gravel, shall be subject to all applicable provisions of the Code.
[Added 11-1-2002 by L.L. No. 34-2002; amended 9-15-2022 by L.L. No. 24-2022]
All Tier Three personal wireless service facility applications shall require the granting of a special permit by the Planning Board. The Planning Board shall not approve any such application or any personal wireless service facility unless the Board finds that all of the general special permit standards of § 255-5-40 and all of the standards provided in § 255-1-41 of this chapter have been met.
Where the Planning Board determines that the
varying of lot sizes and dimensions will serve the ends of good planning,
be in conformance with the Comprehensive Plan and will not create
negative environmental impacts on or off the subject site, variable
property sizes may be approved, fitting the space needs of permitted
use industries while assuring proper design.
Notwithstanding any language in the preceding subsection minimum yard setbacks along the outer perimeters of the subdivision site shall be held to those called for in Article XI hereof, and the minimum and average lot sizes set forth in the definition of the use contained in Article I shall be strictly adhered to.
There shall be an overall plan for the use which
incorporates adequate and suitable designs for infrastructure, off-street
parking and internal access, on-site drainage containment and landscape
amenities, including necessary buffers and screens. The Planning Board
may require, if necessary, dedication to the Town of one or more rights-of-way,
streets or parking areas.
When located in the Water Recharge Overlay District,
the appropriate retention of natural grades and vegetation for continued
high levels of natural recharge of rainwater into the aquifer shall
be required.
The total number of individual industrial uses
and individual lots permitted to come into existence on the entire
site shall not exceed the number which would have otherwise been possible
through ordinary subdivision and development of the site.
Approval of office use in certain circumstances.
[Added 4-4-1986 by L.L. No. 2-1986]
Notwithstanding the limitations of the Use Table of § 255-11-10, the Planning Board may approve an office building in a planned industrial park where the lot or lots on which the building is to be sited lie within the Town's Water Recharge Overlay District. In any such case, the Board shall fix the maximum number and type(s) of office uses to be permitted in the building as well as the maximum number of persons to be permitted to work in the building. The Board may provide in its approval that no further special permit or site plan approval shall be required to commence or change particular uses (in the form of tenancies or other occupancies) in the approved office building, provided that every new office use thereafter introduced is of a preapproved type, the total number of uses and employees in the office building at no time exceeds the fixed limit, and all other conditions imposed at the time special permit approval of the office building are strictly adhered to. Nothing herein shall be deemed to relieve any party from the requirement to obtain a building permit (and all associated permits, if any) when carrying out structural changes to the interior of a building.
In approving an office building in a planned industrial park pursuant to the preceding subsection, the Planning Board shall not permit a number of office uses on the lot or site in excess of that which would otherwise be permitted by the provisions of this chapter, including but not limited to § 255-2-45 hereof. Each office, or potential office use in an office building, approved by the Board shall constitute a principal use in the planned industrial park and shall result in the elimination of one otherwise permissible industrial use therein.
The following types of office uses may be preapproved
in an office building: accounting, architectural, communication, computer,
corporate headquarters, drafting, engineering, finance, scientific,
mail or telephone sales, provided that the Planning Board first determines
in writing that each such approved category of office use is unlikely
to be accommodated in any of the Town's existing central or neighborhood
business districts because of the nature of the activity or the amount
of space required for the same. It is the intent of this section to
permit only white collar facilities. In no case shall over-the-counter
or other direct retail sales activities be permitted in any planned
industrial park office, nor shall manufacturing or production activities
of any kind be permitted. Further, walk-in offices catering to members
of the general public or inviting such persons onto the premises for
any purpose, such as brokerage offices, doctor's and lawyer's offices
and the like shall in no case be permitted.
With the exception of personal wireless service
facilities, which are discussed above, the facility shall have as
a primary purpose the distribution or delivery of utility, communication
or similar service to some or all of the residents of East Hampton,
and, in this connection, the nature of the use shall conform to any
limitations which this chapter, either by its general definition of
public utility, a more specific definition of the particular use or
otherwise, places upon the same.
[Amended 11-1-2002 by L.L. No. 34-2002]
For uses proposed in any district other than
the Commercial-Industrial District (CI), it shall be demonstrated
that placement of the use on a property in the CI District is impossible
or impracticable because of the unavailability or unsuitability of
such property, the nature of the service to be provided, the location
of the residents to be served or other similar constraint.
[Amended 9-17-1993 by L.L. No.
27-1993; 7-1-2005 by L.L. No. 20-2005]
The site shall have sufficient space to conduct
the proposed use and be able to contain all customer and employee
parking on the site, but in no case shall the site be less than 40,000
square feet in size in a Commercial Industrial Zone.
Clearing.
Notwithstanding anything in §§ 255-2-60, 255-3-65E(1) and (2), and 255-3-75D(1) and (2), the Planning Board may approve clearing of up to 50% of total lot area on any lot as part of the special permit review of a major recreational facility on a parcel located within the Recreational Overlay District. In approving any such clearing, the Planning Board shall determine that the clearing is reasonably needed for the effective operation of the facility. In the event that recreational facility use on the 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 of §§ 255-2-60, 255-3-65E(1) and (2), or 255-3-75D(1) and (2).
Wherever possible, existing trees shall be retained
within all setback areas to screen structures and outdoor uses. The
Planning Board shall consider additional evergreen or other vegetative
screening and/or appropriate fencing if necessary.
Coverage. Notwithstanding anything in § 255-11-10, the Planning Board may approve building coverage up to 30% of the total lot area on a parcel located within the Recreational Overlay District. In addition, the Planning Board may approve total coverage up to 40% of the lot area on a parcel located within the Recreational Overlay District.
Any indoor facility building shall be set back
from the street and from residence property lines a sufficient distance
to provide for adequate screening of same, but in no case shall such
set back be less than 50 feet.
Height of structures. Notwithstanding anything in § 255-11-10, the Planning Board may approve structures up to 40 feet in height pursuant to special permit review of a major recreational facility on a parcel located within the Recreational Overlay District.
Parking. The Planning Board may approve up to
75% of the total required parking on an unpaved, dust-free and permeable
surface.
All other provisions of the Code applicable
to the use shall be adhered to, and special attention shall be given
to preventing noise and light from contemplated outdoor activities
from disturbing nearby residential properties and districts or medical
facilities.
[Amended 4-16-1991 by L.L. No.
6-1991]:
If all recycling activity, scrap processing
and stockpiling or storage of scrap and recyclable materials is done
within a building, the minimum required lot area shall be 60,000 square
feet, and a minimum front yard of 50 feet shall be required for retention
of natural vegetation or installation of landscaping to screen the
use. Otherwise, the minimum required lot area shall be four acres,
and a minimum front yard of 100 feet shall be required for retention
of natural vegetation or installation of landscaping to screen the
use.
Whether within a building or not, all recycling
activity, scrap processing and stockpiling or storage of scrap and
recyclable materials shall be done no closer than 200 feet from the
boundary of any residential use district.
Natural vegetation or landscaping which is used
to screen the use shall be of sufficient height and density to properly
accomplish that purpose. Any security fencing or similar enclosure
shall be located rearward of the vegetation or landscaping screen,
and no scrap or recyclable materials may be stacked or stockpiled
to a height where they are visible through or over the vegetation
or landscaping screen when viewed from the street.
[Added 7-1-2010 by L.L. No. 6-2010]:
No more than one residential museum use shall be located on
any single family residence lot.
A residential museum may not be located on a lot that contains
more than one dwelling unit.
A residential museum may not contain any retail use, except
as specifically allowed in this article.
All required side yard and rear yard setbacks shall be doubled for any additional structures proposed to be constructed as part of the accessory use, except that the Planning Board shall have the authority to approve such lesser setbacks for buildings and structures as the Board finds will serve the interest of good planning in the case of yard-adjoining property which is not residential property, as defined in § 255-1-20.
Required basic parking is encouraged to be located on unpaved,
dust-free and permeable surfaces which are residential in character.
Parking must be adequately screened from adjoining residential
properties.
The Planning Board may approve up to 75% of any required parking
on prepared, well-drained, dust-free grass.
The applicant must be able to demonstrate that the site can
accommodate parking for special events.
The applicant must provide proof by certificate of good standing
or other acceptable means that it is a not-for profit corporation
recognized under IRC Section 501(c)(3) of the U.S. Internal Revenue
Code.
A museum shop, comprising not more than 25% of the total area
of the premises devoted to museum use, and in no event more than 500
square feet, shall be permitted on the premises. Sales of items on
display in the museum, or similar items of equal scientific, historical
or artistic value, shall not be offered for sale in the museum shop,
but this restriction shall not be deemed to preclude the sale of replicas
or reproductions of such items.
The operation of a museum as set forth herein shall be subject to the provisions of § 255-11-62, "Uses permitted in single-family residences."
There shall be no less than 7,260 square feet
of lot area devoted exclusively to the resort use for each dwelling
unit.
[Amended 8-16-1985 by L.L. No. 8-1985]
The average maximum number of bedrooms shall
not exceed 2.25 per unit in any proposal, and in no case shall there
be more than three bedrooms in any unit.
The maximum habitable floor area of any dwelling
unit shall not exceed 1,200 square feet, and the minimum shall be
450 square feet. The average such area for all units on the site shall
not exceed 1,000 square feet.
Every provision contained in Subsections (4) and (5) of the subsection entitled "Transient Motel" in § 255-11-88 of this chapter shall apply to this special permit. No special permit shall issue unless it is determined that all of the conditions in said provisions can be met and will be adhered to by the proposed resort use.
In determining whether to issue a special permit
for this use, the ultimate customer capacity of the restaurant shall
be calculated in order to determine potential sewage waste, kitchen
waste and parking needs and shall include any potential expansion
of outdoor eating patios or decks.
A plan demonstrating how the disposal of sewage
and kitchen wastes will be handled shall be provided. Particular attention
shall be given where the proposed site is near wetlands or surface
waters or is located in the Water Recharge Overlay District.
[Added 7-2-2015 by L.L.
No. 23-2015]
Any outdoor dining planned for the site shall be clearly depicted
on a site plan, delineated on the property and be located such that
the noise and other effects generated will be reasonably screened
from adjacent properties and compatible with existing and potential
uses thereon. Where such an adjacent property is a residential property
or any property with an occupied residence, complete screening of
the activity and its effects shall be deemed necessary to meet this
requirement.
Any outdoor seating areas shall be set back from any side or rear yard property line, when the adjoining property is a residence, a distance which is twice that required by the provisions of § 255-11-10 for an accessory building, or structure on the subject lot.
In order to establish a restaurant as an accessory use to a
resort or transient motel, said resort or transient motel shall have
a minimum of 25 guest rooms.
The restaurant use shall be located as an accessory use in one of the principal buildings utilized for the resort or transient motel and shall not occupy more than 20% of the existing aggregate gross floor area of the resort or transient motel or 2,000 square feet, whichever is lesser. A freestanding accessory restaurant shall not be permitted; however, outdoor seating shall be permitted pursuant to the definition of "restaurant" in § 255-1-20 of this chapter.
The parking requirements for a resort or transient motel with an accessory restaurant shall be calculated by adding the parking requirements for the principal use based upon existing Code requirements at the time of the application plus 50% of the parking required for the accessory use if that use were a primary use at the property. However, the Planning Board shall have the authority to reduce the required parking upon a finding that, based upon existing conditions, conditions that may be imposed by the Board as a part of their approval, and/or proposed mitigation offered, the Planning Board determines that the parking will be in compliance with the standards or safeguards of this Article V, including, but not limited to, a determination that the site after addition of the accessory use, subject to such conditions and/or mitigation, will provide sufficient parking, not result in additional traffic congestion or a significant increase in the risk of vehicular and/or pedestrian accidents, and promotes sound community planning.
[Amended 11-20-2018 by L.L. No. 18-2018]
A special permit for a restaurant as accessory to a resort or
transient motel shall only be issued by the Planning Board upon the
following findings:
An accessory restaurant to a resort or transient motel shall also meet the special permit standards established by § 255-5-50 for a restaurant.
Every accessory restaurant to a resort or transient motel shall be subject to the additional rules and regulations pertaining to this use which are found in Article XI, Uses and Dimensions.
With the exception of the requirement in § 255-5-26 hereof, a legally preexisting restaurant use, which lawfully exists on the effective date of this section, shall not be subject to the limitations and requirement set forth herein.
The minimum lot size shall be 10 acres, independent of any residence on the site, except that where the Planning Board determines that the general standards of § 255-5-40 can be met using lesser acreage and an existing pastoral or farmland setting would be preserved in perpetuity, it may approve the use of sites of five acres or more, independent of any residence. The presence of one or more horse farm uses on a riding academy site shall not be deemed to increase this requirement; provided, however, that in deciding whether to issue a special permit providing for such use(s), the Planning Board may condition or limit the scope of any proposed activity or use depending on the amount of property available for same on the lot.
[Amended 8-16-1985 by L.L. No. 8-1985]
All stables and temporary manure storage areas
shall be set back at least 200 feet from any property line.
The perimeter of any pasture or open enclosures
or rings shall be at least 10 feet from any property line and 50 feet
from any residential property line.
All parking shall be off-street and set back
at least 100 feet from any public street or adjacent residential property
line.
No permit shall be issued for any lot on which
this use has not previously been conducted unless such lot is immediately
adjacent to one on which such use is currently underway.
In all cases, the use shall be considered a
temporary use of any property, and there must exist an approved engineering
plan for the restoration and reuse of the lot.[3]
All required side yard and rear yard setbacks
shall be doubled in residential districts, except that, in the case
of yards adjoining property which is not residential property as defined
herein, the Planning Board shall have the power to approve such lesser
setbacks for buildings and structures as the Board finds will serve
the interests of good planning.
[Amended 11-3-1989 by L.L. No. 13-1989; 7-2-1999 by L.L. No. 15-1999; 6-4-2004 by L.L. No. 14-2004]
No school, other than a nursery school, kindergarten
or day-care center, shall be permitted in the Multiple-Family District
or the Affordable Housing Overlay District. The only schools permitted
in the Waterfront District shall be those related to maritime pursuits.
The only type of semipublic facility which shall
be permitted in the Park and Conservation (PC) District is a museum,
interpretive center, or similar facility (which may contain accessory
uses such as a gift shop) which relates directly to the historic or
natural character of the land on which it is situated and serves to
educate the public about the same.
[Added 10-4-2002 by L.L. No. 32-2002]
Building coverage and total lot coverage as
defined in this chapter shall be as follows for schools situated in
all residential zoning districts:
[Added 12-15-2006 by L.L. No. 33-2006]
Lot area is less than or equal to 425,000: building coverage and total lot coverage shall be governed by Section 255-11-10 (Table III).
Lot area exceeds 425,000 square feet but is
less than 2,000,000 square feet: building coverage is limited to 12%
percent of lot area and total lot coverage is limited to 25% of lot
area.
Lot area exceeds or is equal to 2,000,000 square
feet: building coverage is limited to 20% of lot area and total lot
coverage is limited to 30% of lot area.
[Added 10-16-1987 by L.L. No.
16-1987]:
The Planning Board may allow two service commercial
uses per 20,000 square feet in the CI Zone where such use does not
involve the subdivision of land, degradation of the environment or
overburdening of public services or facilities, including streets,
parking lots, police, fire and other necessary services.
[Amended 3-2-1990 by L.L. No. 2-1990; 12-18-1992 by L.L. No.
33-1992]:
Where the use proposed is the enlargement of
a single-family residence, the Planning Board may require proof that
the residence lawfully preexists any provision of this chapter which
makes it nonconforming.
The Planning Board shall not issue a special
permit for construction or enlargement of a single-family residence
unless the Board specifically finds the construction or enlargement
will not interfere with the future orderly development of the property
involved, according to the existing zoning, or with the orderly growth
of the surrounding area according to the existing zoning. In making
this determination, the Planning Board shall be particularly careful
to ensure that the proposed construction or enlargement will not create
or contribute to traffic safety problems, problems with on-site or
on-street parking, overcrowding of the surrounding area or visual
impairment of the area should the residence be later converted to
a permitted or specially permitted use other than a single-family
residence.
These standards and safeguards shall not be
deemed to apply to the issuance of a natural resources special permit
for construction or enlargement of a single-family residence.
[Added 10-18-1996 by L.L. No.
17-1996]:
No building which is occupied in whole or part
by a use classified hereunder as "supermarket" shall have a gross
floor area which exceeds 25,000 square feet.
[Amended 10-19-1999 by L.L. No. 27-1999]
Required parking shall be located primarily
to the sides or rear of the building, and not between the store and
adjacent streets. Absent unusual circumstances, such as topographical
constraints, a lot with multiple street frontages, or the need to
buffer adjoining residential property from the parking lot, no more
than 20% of the area of required parking shall be located between
the store and the adjacent streets.
One or more outdoor storage trailers may be
permitted in connection with a supermarket, provided that the trailer
or trailers are necessary to the operation of the supermarket and
that site plan approval is obtained therefor. Any such trailers shall
be suitably screened by landscaping or other methods acceptable to
the Planning Board. The Planning Board shall eliminate or minimize
to the greatest degree practicable any noise impacts associated with
the trailers (e.g., noise from refrigeration units) through the location
of the trailers and/or the use of noise baffles.
[Added 10-18-1996 by L.L. No.
17-1996]:
No building which constitutes a superstore under
the provisions of this chapter may have a gross floor area which exceeds
15,000 square feet, unless said building also contains a use which
is classified hereunder as "supermarket." In the latter case, the
building shall be regulated by the provisions of this chapter which
apply to supermarkets.
[Amended 10-19-1999 by L.L. No. 27-1999]
The site shall not be located within 500 feet
of any church, school, playground, park, hospital, nursing or proprietary
rest home, similar public and semipublic place or residential district
boundary.
There shall be no outdoor public-address or
music system.
There shall be no live entertainment on the
premises unless the use can also meet the conditions required for
a nightclub, except that a tavern or bar may include a piano and/or
stringed instruments when not hooked up to an amplifying system.
Septic waste systems must be adequate to assure
that no adverse effects will result to any water body in the vicinity
of the proposed use.
Parking and traffic circulation shall be provided
which is adequate to accommodate the peak anticipated crowding of
the use.
In single-family residence districts, this use
shall only be authorized on a lot containing an existing residence
occupied by the owner of the business. No more than three livery-registered
taxicabs being used in the business shall be parked on or operate
from any such property. In no case shall a car rental or other retail
business be located on any such lot.
Screening and buffering to protect neighboring
residential properties from noise resulting from twenty-four-hour
operation may be required.
[Added 9-24-1991 by L.L. No.
20-1991; amended 7-7-2000 by L.L. No. 14-2000]:
No more than two playing courts shall be permitted
for each one acre of land comprising the site.
If the site is located in a residence district,
all structures, including playing courts, swimming pools and parking
areas, shall have side and rear yard setbacks twice those required
for principal buildings and structures in that residence district.
Front yard setbacks shall be those required for principal buildings
and structures in that residence district, but shall in no case be
less than 50 feet. Side and rear yard setbacks for a swimming pool
or playing court shall in no case be less than 50 feet where the adjacent
lot is a residential property.
Building coverage shall not exceed 1% of lot
area.
Parking areas shall be screened from all property
boundaries by natural vegetation or landscape plantings.
There shall be no outdoor public address or
music system, and lighting of playing courts shall be prohibited.
The use shall comply with the specific standards
and safeguards which are prescribed in this section for membership
clubs.[4]
In the Resort District (RS) and Affordable Housing
Overlay District (AHO), all dimensional requirements for a single-family
residence in the Residence District B (B) shall be adhered to.
[Amended 3-2-1990 by L.L. No. 2-1990]
In all other districts, all such requirements
for single-family residences and lots in the Residence District A
(A) shall be adhered to.
The building shall have an external design and
character resembling a single-family residence.
[Amended 5-5-1989 by L.L. No. 4-1989]:
Adjacent properties shall be adequately protected from noise, odors and unsightly appearance, and the site shall be large enough or far enough from occupied residences that the noise provisions of Chapter 185 and of this chapter can be complied with at all times.
If outdoor runs or outdoor exercise areas are
to be established, all buildings, structures and accessory use areas
shall be at least 50 feet from any property line. Any such outdoor
dog runs or outdoor exercise areas shall be sufficiently enclosed
and screened so that noises are retained on site. No outdoor kennels
shall be permitted in Central Business (CB) Zoning Districts.
[Amended 8-16-2012 by L.L. No. 12-2012]
Cadavers and contaminated materials shall be
disposed of in accordance with all applicable federal, state, county
and Town laws.
The site shall have sufficient area to provide
a natural vegetation or landscaped planting area around the perimeter
of the storage yard, and any security fence shall be located within
said plant screening area.
The site shall include an off-street parking
area, and all material deliveries and pickups shall be on site and
not hamper safe traffic movement along adjacent street frontage.
[Added 3-15-1996 by L.L. No. 2-1996]
Contiguous arable land. No application to construct
a winery, as defined herein, shall be reviewed or approved unless
the applicant owns not less than 15 acres of arable land suitable
for the growing of wine grapes which is part of or immediately adjacent
to the winery site. No winery shall operate or be entitled to a certificate
of occupancy unless the owner of said winery at all times owns not
less than 15 acres of arable land suitable for the growing of wine
grapes which is part of or immediately adjacent to the winery site.
Winery site. No application to construct a winery,
as defined herein, shall be reviewed or approved unless the applicant
owns a minimum of 1 1/2 acres of land suitable for the construction
and operation of a winery. This requirement is in addition to the
required 15 acres of contiguous arable land described above. The winery
site shall be immediately adjacent to, or be part of, and shall be
in the same record ownership as, the arable land on which the wine
grapes are grown and shall not be encumbered by any easement, covenant
or other restriction which prohibits agricultural processing.
Other regulations. Every winery shall be subject to the additional rules and regulations pertaining to this use which are found at Article XI hereof.
[1]
Editor's Note: The former subsection entitled
"Clearing in Water Recharge Overlay District," which immediately followed
this subsection, was amended and renamed "Excess Clearing in Water
Recharge Overlay District." Said term is listed alphabetically in
this section
[2]
Editor's Note: Former Subsection (6), which
provided for office uses and which immediately followed this subsection,
was repealed 4-4-1986 by L.L. No. 2-1986.
[3]
Editor's Note: Former Subsection 3, regarding
additional provisions, which immediately followed this subsection,
was repealed 11-15-1996 by L.L. No. 19-1996.
[4]
Editor's Note: The former subsection entitled
"Transportation terminal," which immediately followed this subsection,
was repealed 12-18-1997 by L.L. No. 40-1997. The subsection entitled
"Trustee environmental resources permit," added 12-18-1997 by L.L.
No. 38-1997, was repealed 2-10-1998 by L.L. No. 6-1998.
[Added 4-13-2007 by L.L. No. 14-2007]
Because of their number and complexity, the specific standards and safeguards applicable to natural resources special permits under § 255-5-50 hereof are set forth in this section. These standards and safeguards shall apply to every natural resources special permit as though set forth in their entirety in § 255-5-50.
A.
Natural resources special permits, generally. This
special permit shall be issued by the Board of Appeals, which agency
shall have exclusive and complete jurisdiction over the administration
of such permit in accordance with the provisions of this section.
In reviewing any application for a natural resources special permit,
the Board of Appeals may refer the matter to the Planning Department
and the Town Trustees (where applicable) for a recommendation. In
the event of any such referral, the Planning Department and the Town
Trustees (where applicable) shall make a recommendation in writing
to the Board of Appeals within 30 days of the date of the referral.
However, in the event that additional information is required by the
Planning Department to complete its review, it shall notify the applicant
within 10 days of the date of the referral what additional information
is needed and, in such event, the Planning Department shall submit
its recommendation to the Board of Appeals within 20 days after receipt
of the requested information from the applicant.
B.
Delegation of natural resources special permits. Pursuant to the provisions of § 255-8-84 hereof, which authorize the Planning Department to process and issue certain natural resources special permits, the Board of Appeals may delegate such review and approval of individual applications to the Planning Department in any manner which the Board deems best suited to this purpose. With regard to any permit, class of permits, or permit application for which such a delegation has been duly made, references in this chapter to the Board of Appeals shall be construed, where appropriate, to mean the Planning Department.
D.
Preservation of natural resources. All structures and uses, other than coastal structures, shall be located on upland and shall be located so that no natural resource, feature, or system designated in § 255-4-12 hereof will be diminished in size, polluted, degraded, or lost, or placed in peril thereof, in order to establish such structure or use. If there is inadequate upland for the structure or use proposed, minimal exceptions to the requirements of this section may be authorized in the permit, but only after:
(1)
Alternative reasonable uses of the property
are determined not to exist; and
(2)
Alternative designs entailing smaller buildings
or structures, reduced yard or other setbacks, or diminished or reconfigured
areas of use are determined not to be effective in preventing loss
of or potential damage to designated natural features, or the only
such designs are found to be infeasible or unlawful.
E.
Coastal structures, generally. A coastal structure may be placed at any location on a lot if the structure and the uses associated therewith are found not to be detrimental to any natural resource, feature, or system designated in § 255-4-12 hereof. No permit shall issue for any structure which would unduly interfere with tidal flow or marine life or habitat, or which would destroy other than the minimal practicable areas of beach vegetation, wetland vegetation, or eel grass (Zostera marina). For the purposes of this section, a structure will be deemed in violation of the preceding sentence and ineligible for a natural resources special permit if the structure, together with all similar structures likely to be sited in the vicinity should it be approved, would cause such undue interference or destruction.
F.
Erosion control structures. No natural resources special permit shall be issued for the construction, placement, installation, repair, reconstruction, replacement, or alteration of an erosion control structure unless the application for such permit, in addition to complying with the general requirements for issuance of special permits and the requirements of the preceding subsection regarding coastal structures, and subject to the provisions of § 255-3-85 hereof, satisfies the following requirements:
(1)
If the application involves a new erosion control
structure, the applicant shall demonstrate that erosion control on
the project site cannot adequately be accomplished by means of a coastal
restoration project, as defined herein, with periodic renourishment
or renewal of sand or other materials.
(2)
If the application involves a new coastal erosion
control structure in Coastal Erosion Overlay Zone 1, 2 or 3, the applicant
shall demonstrate that: (i) the erosion control structure is immediately
necessary to prevent the loss or destruction of a principal building
or structure on the applicant's lot, or to prevent severe damage to
such building or structure, (ii) the threatened loss, destruction,
or severe damage to a principal building or structure cannot reasonably
be prevented by some alternative means, such as relocating the building
or structure or undertaking a coastal restoration project, as defined
herein, and (iii) the erosion control structure is of the minimum
size, design, and physical extent needed to prevent the threatened
loss, destruction, or severe damage.
(3)
The construction, installation, or other work
proposed for the erosion control structure, as well as future repair,
maintenance, or restoration of the same, shall not:
(a)
Interfere with the littoral transport of sand
or other sediment, so as to cause substantial damage to or a measurable
increase in erosion of the project site or downdrift beaches, dunes,
bluffs, or shoreline.
(b)
Cause the loss of identified habitat for important
wildlife or native vegetation, including marine life and marine habitat.
(c)
Exacerbate flood damage by generating floodborne
flotsam.
(4)
The erosion control structure shall be designed
and constructed according to generally accepted engineering principles,
such that the structure will have a reasonable probability of controlling
erosion on the project site for a period of at least 30 years.
(5)
All materials used in the erosion control structure
shall be nontoxic, durable, and capable of withstanding the icing,
weathering, inundation, wave impact, and other meteorological and
hydrographic conditions to which they will be exposed for a period
of at least 30 years. Individual components of the structure may have
a working life of less than 30 years if a maintenance program required
in connection with the issuance of a permit will ensure that these
components are regularly maintained and replaced as necessary to attain
the required 30 years of erosion control.
(6)
The application shall include a long-term program
for the repair, maintenance, or restoration of the structure. That
program must include standards for the normal maintenance or replacement
of degradable materials and the replacement of sand and vegetative
cover. The Zoning Board of Appeals shall require the filing of an
appropriate legal instrument against the subject property at the Office
of the Suffolk County Clerk in form acceptable to the Town Attorney,
which shall require the applicant and all future owners of the property
to follow the long-term program for the repair, maintenance, or restoration
of the structure. The Zoning Board of Appeals may require that the
applicant for an erosion control structure assure the required maintenance
by posting an appropriate undertaking and security with the Town.
G.
Water-dependent facilities. The provisions of Subsection F above shall not apply to bulkheads and similar structures which are part of a water-dependent facility in the Waterfront (WF) Use District, or which are part of a lawfully existing marina or recreational marina in any district.
H.
Docks. No dock, pier, wharf, or similar structure (hereafter, "dock") may be authorized by natural resources special permit on residential property or underwater lands adjacent thereto, unless the dock complies with the following standards or limitations, which are in addition to the other standards enumerated in this article for issuance of a natural resources special permit, including those specified with regard to coastal structures in Subsection E above:
(1)
If the property in question is already improved
with a lawfully preexisting fixed dock, a natural resources special
permit may authorize the reconstruction of that dock or its replacement
with a new fixed dock.
(2)
If the property in question is not already improved
with a lawfully preexisting fixed dock, the only type of dock which
may be authorized by natural resources special permit is a floating
dock, which shall be construed to mean that the dock meets the following
requirements:
(a)
The horizontal weight-bearing construction on
which persons and objects stand (which is itself commonly called the
"dock") shall be no greater than five feet in width and shall be designed
so that it floats on the surface of the water (i.e., so that it is
a "floating dock");
(b)
Every part of the dock except the pilings shall
be designed and shall be used so that it is removed during the winter
months and reinstalled in the spring (i.e., so that the dock, excepting
only the pilings, is "fully removable");
(c)
The dock shall be designed and sited so that,
with the exception of the pilings, no part of the dock (including
any catwalk and any ramp between a catwalk and the remainder of the
dock) will contact the bottomland during a normal low tide;
(d)
The dock shall be the minimum length necessary
to reach a point where the water depth at the seaward terminus of
the dock (inclusive of any catwalk) is three feet at mean low water;
provided, however, that such point shall not in any case be more than
80 feet seaward of mean high water, as measured on a perpendicular
line from the mean high water mark;
(e)
Notwithstanding the provisions of Subsection
H(1)(a) and (b) above, when necessary to maintain a floating dock
in a floating condition through a normal tide range, access between
the dock and shore may be provided by means of an elevated fixed walkway
(commonly called a "catwalk") not more than five feet in width; provided,
however, that no such catwalk shall extend more than 40 feet seaward
of mean high water, as measured on a perpendicular line from the mean
high water mark; and
(f)
A catwalk shall provide, in appropriate circumstances,
for passage by the public along the beach or foreshore, e.g., by means
of a removable or raised section (allowing vehicular passage) or steps
or a ramp (allowing pedestrian passage).
(3)
Before approving a dock under the provisions of Subsection H(2) above, the Board of Appeals shall have first considered all reasonable alternatives which will allow the applicant to safely access and utilize a boat (e.g., rig line and pulley, free swinging mooring).
(4)
In considering whether to issue a natural resources
special permit for a dock, the Board of Appeals shall consider whether
the dock will have any of the following harmful effects:
(a)
Whether the dock will impair navigation;
(b)
Whether the dock will unduly interfere with
the public use of waterways for swimming, boating, fishing, shellfishing,
waterskiing, and the like;
(c)
Whether the dock will unduly interfere with
transit by the public along the public beaches or foreshore;
(d)
Whether the dock will significantly impair the
use or value of waterfront property adjacent to or near the dock;
(e)
Whether the dock will cause degradation of surface
water quality;
(f)
Whether the dock will result in the destruction
of beds of eel grass (Zostera marina) or shellfish;
(g)
Whether the dock will unduly restrict tidal
flow or water circulation; and
(h)
Whether the dock will despoil views from public
parklands or roadways.
I.
CCA and other treated wood. No natural resources special
permit which is required for projects or activities in tidal waters
shall allow the use of wood which has been treated with copper chromated
arsenate (CCA), ammoniacal copper quat (ACQ), or creosote unless it
can be shown that no reasonable alternative material will serve the
purpose for which the CCA-, ACQ-, or creasote-treated wood is intended
to be used. In determining whether no reasonable alternative to the
proposed wood exists, the Board of Appeals shall take into account
the cost of alternative materials, their suitability for the intended
use (e.g., structural stability), and any environmental benefit to
using alternative materials.
J.
Harbor Protection Overlay District. For structures,
lands, or uses located within the Harbor Protection Overlay District,
the disturbance of natural vegetation and topography during construction
activities shall be minimized to the greatest degree practicable.
To this end, project-limiting fencing, siltation mesh, straw bales,
or similar devices for controlling land disturbances and retarding
erosion and siltation shall be required during construction and during
any clearing or grading of land preparatory to or associated with
construction activities.
K.
Deposit of materials within Coastal Erosion Overlay
District. Apart from structures approved pursuant to this chapter,
no fill or other material may be placed or deposited on beaches, dunes,
or nearshore areas within the Coastal Erosion Overlay District except
clean sand or gravel, having particles of a size equivalent to or
slightly larger than that of the materials naturally occurring at
the site in question. Where appropriate, such deposited material shall
be stabilized by the planting of vegetation.
[Amended 9-4-1998 by L.L. No. 30-1998; 3-17-2006 by L.L. No.
7-2006; 7-21-2016 by L.L. No. 32-2016]
It shall be a violation of this chapter subject to the provisions of Article X hereof for any person to do any of the following:
A.
Failure to obtain special permit. To undertake or commence a use
or activity for which a special permit is required by the provisions
of this article without having first obtained said special permit.
A violation of the provisions of this section shall be punishable
by a fine of not less than $500 nor more than $1,000 or by imprisonment
not to exceed six months, or both.
B.
Violation of conditions of special permit. To violate or fail to comply with a condition or requirement of a special permit issued pursuant to this article. In addition to the provisions of Article X hereof, for a period of three years after the date of issuance, the local agency which issued any special permit shall retain jurisdiction and shall have during such period the right to modify, suspend or revoke the permit, in accordance with the standards and procedures for such continuing jurisdiction set forth in § 255-9-25 of this chapter. See also §§ 255-6-100 and 255-8-100 hereof.
