Town of East Hampton, NY Uses and Dimensions

The Use Table and Dimensional Table (either of which may consist of one or more constituent tables) are included in this section, but, if necessary, may be located at the end of this chapter.[1] The tables taken together shall constitute the fundamental system of land use regulation for the Town of East Hampton, and, except as otherwise indicated in specific provisions of this chapter to the contrary, such tables shall at all times be complied with by all buildings, structures, lots and uses located in all districts.

[1]

Editor's Note: Said tables are included as attachments to this chapter.

§ 255-11-20 Accessory buildings, structures and uses.

Separation. Accessory buildings, including garages, if detached from the main building, shall be not less than five feet from the main building.

Private garage. A private garage may be constructed as a structural part of a main building, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.

Preexistence of a main building. No accessory building or structure shall be constructed upon a lot or plot unless a main building or principal use already exists thereon. This restriction shall not be deemed to apply to agricultural buildings and structures. However, where a property owner owns two or more contiguous conforming residential lots in common ownership, at least one of which is improved with a single-family dwelling, an accessory building or structure may be constructed on any vacant contiguous lot, provided that the applicant demonstrates the existence of sufficient buildable area to construct a principal structure on the lot upon which the accessory structure is to be constructed. Should common ownership of the contiguous lots cease, either the accessory building or structure must be removed within nine months or the owner of the lot without a principal structure must obtain a building permit for a principal building or structure within nine months. For purposes of this provision, common ownership shall be deemed to refer to:

[Amended 9-17-1993 by L.L. No. 28-1993; 2-17-2005 by L.L. No. 7-2005; 12-2-2005 by L.L. No. 40-2005]

(1)

Title to contiguous properties being held in the same name(s);

(2)

Title to contiguous properties being held by a married or registered domestic couple with any combination of one or both names on either deed; or

(3)

A married or registered domestic couple holding title to one or both of the contiguous properties in the name of a corporation, limited-liability company trust, family limited partnership or similar entity.

Setbacks and height. All accessory buildings and structures shall meet all applicable height and setback requirements of the Dimensional Table of § 255-11-10 and the requirements of §§ 255-11-72 through 255-11-74 hereof, unless the particular structure is exempted from one or more such limitation by specific language in this chapter.

Parking area. Accessory off-street parking or truck loading areas shall be improved in accordance with the procedural requirements and design specifications of this chapter, and such areas shall not be encroached upon by buildings, open storage or any other use.

Quartering of animals. Unless a greater distance is required by another specific provision hereof, the quartering of horses, pigs, sheep or cattle in open areas or pens shall not be permitted within 10 feet of any lot line except one which adjoins a street or a parcel of land whose use is restricted in perpetuity to agriculture.

[Amended 9-17-1993 by L.L. No. 28-1993]

Special historic landmark. A property designated as a special historic landmark shall be permitted one detached accessory dwelling unit pursuant to § 255-11-88 and the standards set forth in § 255-7-60D.

[Added 12-7-2017 by L.L. No. 44-2017]

§ 255-11-23 Limitations on accessory buildings.

[Added 9-17-1993 by L.L. No. 28-1993; amended 10-19-2015 by L.L. No. 35-2015; 12-1-2016 by L.L. No. 49-2016; 12-7-2017 by L.L. No. 44-2017]

The term "accessory building" may include a private garage, garden shed, private greenhouse or other similar building conforming to the definition of "accessory building," but no accessory building on any residential property shall have a gross floor area equal to or greater than 600 square feet except an artist's studio meeting the requirements of this chapter. No accessory building, other than a pool house of less than 200 square feet in gross floor area, an artist's studio or an affordable accessory apartment meeting the requirements of this chapter, shall contain any bath, shower or plumbing facilities. An accessory dwelling unit permitted pursuant to § 255-7-60D shall not be restricted by this limitation.

§ 255-11-30 Berms, fences and walls.

[Amended 11-15-1996 by L.L. No. 19-1996]

§ 255-11-31 Purpose.

With the recent rapid growth of the Town has come a proliferation of high berms, fences and walls, especially in residential areas. While these structures often provide a means for the property owner on which they are located to achieve privacy, the benefits achieved are often outweighed by the public harm done:

Setbacks. Siting of massive or opaque structures close to property lines and roads defeats the light-and-air bases for required yard setbacks imposed upon other structures.

Historic and rural character. The presence of such structures diminishes the visual attributes of the Town by obscuring long vistas and views of natural and man-made features basic to the Town's character, including historic buildings set close to roads, and by creating a walled-in urban look.

Safety. By destroying sight lines and eliminating open areas alongside streets and highways, such structures can make in-tersections more dangerous, increase the hazard to pedestrians and animals and create blind driveways wherever they appear.

In addition, where legitimate needs for privacy exist, due to proximity to streets or other dwellings for example, it can usually be achieved with hedges, shrubs or other living fences carrying little of the negative impacts set forth above. It is thus prudent to place restrictions on the size and location of berms, fences and walls and to subject certain of the same to a reasonable level of review and scrutiny by local agencies in order to ameliorate the effect which they would otherwise produce, individually and collectively, on the Town.

§ 255-11-34 Berms.

The following regulations shall apply to all berms in all districts unless otherwise indicated:

Building permits. The erection, enlargement, alteration or removal of the following types of berms shall require a building permit.

(1)

A berm greater than four feet in height and located within the required front yard area of any lot in any district, other than a Central Business District; or

(2)

A berm over six feet in height, in any location.

Architectural review. Architectural and design review shall be required for any berm for which a building permit is required.

Contents of applications. Building permit applications for berms shall include the following:

(1)

A detailed grading plan of the entire site indicating the existing topography in contour intervals no greater than five feet and the proposed topography in contour intervals no greater than two feet. The scale of such grading plan shall be no greater than one inch equals 20 feet.

(2)

A cross section of the berm indicating the type of materials to be used in constructing the same (i.e., fill, topsoil, etc.) and the location of the landscaping. The scale of such cross section shall be no greater than one inch equals four feet.

(3)

A detailed landscaping plan indicating the location, size and quantity of the species to be planted.

Referral of applications. The Building Inspector shall refer all applications for a building permit for a berm to the Architectural Review Board for its approval with respect to the compatibility of the berm with the surrounding properties, streets and associated land uses, drainage and appearance. At the same time, if the building of such berm, or the activity or work of which such construction is a part, is itself subject to site plan review pursuant to Article VI hereof, the Inspector shall also refer the application to the Planning Board for its review. Nothing in this subsection shall be deemed to eliminate the need to obtain any other permit or local agency approval applicable to the building of the berm or to the activity or work of which it is a part.

Review. Unless its review is in conjunction with site plan review by the Planning Board, the Architectural Review Board shall, within 30 working days after receipt of a complete application, approve, approve with modifications or disapprove the application. In making its determination, the Board shall consider, among other things, the findings set forth in § 255-11-31 hereof. The Building Inspector shall not issue a building permit for a berm until Architectural Review Board approval has been received. Failure of the Board to act within 30 working days shall be deemed an approval.

General rules. The following regulations apply to all berms, whether or not a building permit is required therefor.

(1)

Berms shall be constructed only during the period from March 1 to October 15. Only clean fill, topsoil or an approved equivalent shall be used. Material shall be given sufficient time to settle before final shaping and topsoil are applied. After shaping, a uniform layer at least six inches thick of approved horticultural topsoil shall be placed and fine graded.

(2)

Berms shall be located only in the position on a lot approved by the Architectural Review Board, if review by the Board is required by this section. In no case shall all or part of any berm be placed upon street rights-of-way or other public property.

(3)

Berms shall not exceed eight feet in height, but upon a written finding of exceptional circumstances related to high levels of ambient noise or light which cannot be abated and from which protection is needed or public interest considerations, berms of up to 10 feet in height may be authorized. Notwithstanding the preceding sentence, no berm located on a residential property in a yard fronting on a public street shall exceed six feet in height, and no berm, wherever located, shall violate the setback limitations of § 255-11-72D, Pyramid law, or § 255-11-74A or B, setbacks from scenic easements and setbacks on corner lots hereof. The height of a berm shall be the vertical distance from any point on the top of the berm (exclusive of plantings) to the existing natural grade at the base of the berm at that point.

(4)

No fence or wall shall be constructed on a berm, and no berm shall interfere with existing natural drainage patterns or cause ponding or flooding on any property.

(5)

Berms shall be properly vegetated and landscaped, in the manner approved by the Architectural Review Board, if applicable, before any erosion occurs in the topsoil on the berm, or, in the alternative, the berm shall be covered with an approved ground cover until such time as the berm can be properly landscaped.

§ 255-11-36 (Reserved) [1]

[1]

Editor's Note: Former § 255-11-36, Fences, was repealed 6-14-2001 by L.L. No. 11-2001. See now § 255-11-38, Fences and Walls.

§ 255-11-38 Fences and walls.

[Amended 6-14-2001 by L.L. No. 11-2001; 5-21-2015 by L.L. No. 12-2015]

The following regulations shall apply to all fences and walls in all districts unless otherwise indicated:

Building permits. The erection, enlargement, alteration or removal of the following types of fences and walls shall require a building permit:

(1)

A fence or wall greater than four feet in height and located within the required front yard area of any lot;

(2)

A fence or wall over six feet in height, in any location;

(3)

Any fence or wall for which site plan approval is required.

Architectural review. Architectural and design review shall be required for any fence or wall for which a building permit is required by this section, except that Architectural Review Board review and approval shall not be required for fences that are in compliance with all other requirements of this chapter and meet all of the following criteria:

(1)

The fence is constructed of either two-inch square black wire field fencing between six feet and eight feet in height or black wire farm and field agricultural fencing; and

(2)

The fence posts are made of two-inch black metal poles; and

(3)

The area enclosed by the fence is less than 50% of the area of the parcel; and

(4)

The fence will be installed along only two property lines and is more than 20 feet away from running along the remaining property lines; and

(5)

The installation of the fence is not subject to site plan review.

The provisions of § 255-11-34D and E regarding review of berms shall apply to such walls and fences.

Height limits.

(1)

The height of a fence or wall shall be the vertical distance from any point on the top of the fence or wall (exclusive of plantings) to the existing natural grade at the base of the fence or wall at that point. A fence located on the top of a wall shall for all purposes be deemed to be part of the wall.

(2)

Fences and walls shall not exceed eight feet in height; but upon a written finding by the Architectural Review Board of exceptional circumstances related to high levels of ambient noise, light, or property damage from animals which cannot be abated by the landowner and from which protection is needed, or of public interest considerations, fences and walls of up to 10 feet in height may be authorized. Notwithstanding the preceding sentence, no fence or wall located on a residential property in a yard fronting on a public street shall exceed six feet in height.

Setbacks for fences and walls. No wall or fence for which a building permit is required by this section, wherever located, shall violate the setback limitations of § 255-11-74A and B (setbacks from scenic easements and setbacks on corner lots), but fences and walls need not comply with § 255-11-72D, Pyramid law.

§ 255-11-39 Site plan review unaffected.

Nothing in § 255-11-34, 255-11-36 or 255-11-38 hereof shall be deemed to interfere with or abridge any provision of Article VI of this chapter requiring site plan approval for certain structures, lots or uses, including any such provision which may require site plan approval for every structure on a particular lot or site.

§ 255-11-40 Parking requirements.

In order to minimize traffic congestion, air pollution and the risk of motor vehicle and pedestrian accidents, as well as to promote other elements of sound community planning, off-street parking and truck loading spaces shall be provided and kept available as an accessory use to all permitted and special permit uses of buildings, structures and lots in numbers not less than those set forth in the following sections.

§ 255-11-42 Method of determining requirements.

Single use. The requirement for a single use (e.g., a single-family residence or a retail store) shall be determined directly from the Schedule of Parking Requirements in § 255-11-45.

Combination use. The requirement for a combination use made up of two or more component uses (e.g., a bowling alley combined with an auditorium, a restaurant with a bar or a retail store with an office building) shall be determined by establishing the requirement for each component use from the schedule and adding them together.

Fractions. When the required number of spaces is determined to result in a fraction, the number shall be increased to the next higher whole number.

Unlisted use. If the use in question is not specifically listed in the schedule, the requirement shall be that of the most similar listed use.

Number of employees. When the schedule requires the number of spaces to be calculated per employee, and employees are on the site in shifts, the number to be used is the number of employees present during the largest shift.

Garages and carports. Garages and carports and, only in the case of residences, driveways, may be used to meet parking requirements of these sections, but no garage or other parking area shall be located under a motel, multiple residence (other than a two-family dwelling) or resort without the explicit written permission of the Fire Prevention Inspector, as well as of every other local agency having jurisdiction to review and approve such a plan.

Adjacent property. Parking requirements of these sections may be satisfied for a single or combination use on an adjacent or neighboring property within 500 feet of the use in question; provided, however, that any approval of such a configuration by a local agency shall be conditioned on the grant of a permanent parking easement over the subordinate property and in favor of the dominant property, with such assurances (including title reports) as the local agency may find necessary to ensure the continued availability of parking on the subordinate property.

[Amended 7-2-1999 by L.L. No. 16-1999]

Special permit uses. Uses requiring a special permit pursuant to Article V of this chapter may be required by the local agency having jurisdiction to create up to 150% of the minimum parking required in these sections if it is found, either because of the nature of the use, the nature of the site or for some other reason, that such additional parking would be necessary for the use to comply with any of the standards or safeguards of Article V applicable to it.

Storage buildings. The amount and type of parking required for storage buildings may be determined by the local agency having jurisdiction on a case-by-case basis according to the nature of the entire use of which the building is a part.

[Amended 8-16-1985 by L.L. No. 8-1985]

Limited Business Overlay uses. The Planning Board must approve a plan illustrating the number of spaces required by § 255-11-45 but may permit the construction of less than the number of parking spaces required for any use proposed within the Limited Business Overlay District upon a finding that the circumstances of the immediately proposed use does not require the maximum number of spaces required by § 255-11-45. Any future change in the parking on that particular site may be constructed with a building permit pursuant to the approved plan without additional Planning Board approval.

[Added 10-6-2006 by L.L. No. 24-2006]

§ 255-11-43 Design requirements of off-street accessory parking and truck loading areas.

Site plan approval required. For all properties and uses subject to site plan review pursuant to Article VI, new accessory off-street parking and truck loading areas shall be located and established only as the same are indicated on a site plan duly approved by the Planning Board.

Physical improvements. The physical improvements of off-street parking and truck loading areas shall include:

(1)

Curbs, paving, sidewalks and drainage facilities complying with the standards established in this Code or the regulations of the Planning Board.

(2)

Lighting of public parking areas adequate to assure general safety and convenience, while at the same time of such design as to avoid having light sources be visible from the street or across property lines.

(3)

Screening appropriate to the protection of adjacent properties from automotive noise, fumes and visual impact.

Aisles. Unless a different configuration shall be approved by the Planning Board during site plan review for reasons of sound planning and proper site layout, all aisles within parking areas shall have a minimum width of 24 feet when the parking spaces are at a ninety-degree angle with the aisle, 18 feet when the parking spaces are at a sixty-degree angle in a one-way direction with the aisle and 12 feet when the parking spaces are at a forty-five degree angle in a on-way direction with the aisle.

[Amended 3-15-1991 by L.L. No. 4-1991]

Circulation. Aisles and turning areas shall provide good internal circulation with adequate radii to assure ease of mobility, ample clearance and convenient access and egress.

Gradients. Center-line gradients of aisles shall not exceed 8%.

Size of parking spaces. Parking spaces shall be marked off with a minimum width of 10 feet and a minimum length of 18 feet, or a minimum width of nine feet and a minimum length of 20 feet. In the case of parking spaces for trucks or special equipment, parking spaces shall be of a minimum size to be determined by the Planning Board based upon the nature of the parked vehicles.

Size of truck loading spaces. Truck loading spaces shall have a minimum width of 12 feet, a minimum length of 40 feet and a minimum clear height of 14 feet. The related aisles or driveways shall have the same minimum width and clear height.

§ 255-11-44 Design requirements for access driveways.

Every access driveway on nonresidential properties shall have a minimum unobstructed width of 20 feet, and the design and construction of all such driveways and related improvements shall meet all Planning Board requirements and be located and established only as the same are indicated on a site plan duly approved by the Planning Board.

§ 255-11-45 Schedule of off-street parking requirements.

Schedule of Off-Street Parking Requirements
Use		Number of Spaces Required
Residential
(1)	Single-family residence	2 per residence
(2)	Multiple residence	2 per dwelling unit
(3)	Apartments over stores	1 per apartment
(4)	Senior citizen apartments (affordable housing) [Added 5-16-1986 by L.L. No. 3-1986]	1.4 per apartment
(5)	Residential museum [Added 7-1-2010 by L.L. No. 6-2010]	Up to 1,000 square feet of interior exhibit space and/or on lots up to 2 acres in lot area: 15 spaces plus 1 bus space. For each additional 100 square feet of interior exhibit space, 1 additional space. For each additional 1/2 acre of lot area, 1 additional space
Commercial
(1)	Auditorium, church, convention hall, gymnasium, theater, studio or other place of public assembly not otherwise classified	1 per 3 permanent seats or 1 per each 40 square feet of seating area where fixed seating is not provided, plus 1 per each employee
(2)	Car wash, minor or major [Added 12-2-1994 by L.L. No. 13-1994[1]]	1 per employee, plus an 8-space queuing line area for each car wash bay
(3)	Bank or savings and loan association	Same as for offices, plus a 5-space queuing line area for each drive-in teller's window
(4)	Bowling alley	4 per alley
(5)	Dry cleaning	1 per employee, plus 2 per 100 square feet of service area
(6)	Restaurant, fast-food or restaurant drive-in [Amended 6-15-2017 by L.L. No. 15-2017]	10 per cash register, plus one per 3 permanent seats, plus one per employee, plus a 6-space queuing line area per drive-in window
(7)	Filling station (See repair garage for additional requirements.)	4-space queuing line area for each pump, plus 1 space per employee
(7a)	Florist or flower shop [Added 5-21-2015 by L.L. No. 11-2015]	1 per 180 square feet of gross floor area
(8)	Funeral home	1 per 40 square feet of public room floor area
(9)	Home professional office	4 per residence, inclusive of the 2 per dwelling required
(10)	Hospital or nursing home	1 per each 4 beds, plus 1 per employee
(11)	Laundromat	0.75 per machine
(12)	Manufacturing or industrial establishment or research institute or laboratory	1 per 500 square feet of employee working space floor area
(13)	Marina or boatyard	1.25 per boat slip, mooring, dock space or similar unit of capacity, plus 1 per employee
(14)	Medical arts, ambulatory care or clinic	1 per 40 square feet waiting area, plus 1 per employee
(15)	Membership club	1 per every 2 members, plus 1 per employee
(16)	Motel or hotel	1.25 per bedroom
(17)	Nightclub, disco, tavern, bar or dance hall	2 per each 3 persons of rated capacity, plus 1 per employee
(18)	Office or office building	1 per 180 gross square feet of floor area
(19)	Outdoor sales lot or auto dealers	1 per each 600 feet of show room and lot area, plus 1 per employee
(20)	Public or semipublic art gallery, library or museum	Same as for auditoriums, etc.
(21)	Repair garage	4 per bay, plus 1 per employee
(22)	Restaurant	1 per 3 permanent seats or 1 per each 3 persons of rated capacity, plus 1 per employee per shift
(23)	Retail store, take-out food store, or personal service shop [Amended 6-15-2017 by L.L. No. 15-2017]	1 per 180 square feet of gross floor area
(24)	School, nursery school or day-care center	1 per each employee including teachers, administrators, maintenance personnel), plus 1 per each 8 students in the 12th grade or the parking requirement for for the auditorium or gymnasium component of the the use, whichever is greater, plus bus loading area, if applicable
(24a)	Storage garage [Added 12-18-1997 by L.L. No. 39-1997]	2
(25)	Studio, exercise [Added 2-4-1994 by L.L. No. 1-1994[2]; 4-19-2001 by L.L. No. 4-2001]	1 per 50 square feet of gross floor area; except 1 per 180 square feet of gross floor area where the property is within a Central Business District Zone and the shortest distance from the property boundary line to the boundary line of a municipal parking lot is no greater than 500 feet
(26)	Veterinarian, veterinary hospital or kennel	1 per 40 square feet of waiting room area
(27)	Warehouse	1 per employee
(28)	Wholesale establishment	Same as for manufacturing or industrial establishment
(29)	Tennis club [Added 9-24-1991 by L.L. No. 20-1991; amended 7-7-2000 by L.L. No. 14-2000]	4 per playing court, plus 1 per 50 square feet of swimming pool
(30)	Passenger ferry terminal [Added 12-18-1997 by L.L. No. 40-1997]	1 per each 3 persons of ferry passenger capacity, as defined herein
(31)	Horse farm [Added 6-3-2005 by L.L. No. 18-2005]	1 for every horse stall up to and including 10 stalls, then 0.5 for every stall thereafter, plus 1 per employee
(32)	Riding academy [Added 6-3-2005 by L.L. No. 18-2005]	1 for every horse stall, plus 1 per employee

Truck Loading Schedule
Every building or structure or lot used for nonresidential purposes shall be provided with off-street truck loading spaces in accordance with the following schedule:

Floor Area (square feet)	Number of Spaces Required
Under 5,000	None
5,000 to 14,999	1
15,000 to 40,000	2
Over 40,000	1 for each additional 40,000 square feet over and above the requirement for the first 40,000 square feet

[1]

Editor's Note: This local law also repealed former Subsection (2) pertaining to automobile laundries.

[2]

Editor's Note: This local law also provided for the renumbering of former Subsections (25) through (28) as Subsections (26) through (29), respectively.

§ 255-11-46 Waivers.

Seasonal use. The Planning Board, in the case of a use which traditionally exhibits extended periods of low parking demand, may allow up to 75% of the required parking for horse farms or, for all other uses, up to 50% of the required parking to be located on prepared, well-drained, dust free grassed areas, so as to lessen the amount of improved parking required. In determining whether to allow the use of such grass parking, the Planning Board shall consider the availability of on-street public parking in the vicinity of the project site, historic use patterns of the site, and the character of the surrounding area.

[Amended 5-3-2002 by L.L. No. 10-2002; 6-3-2005 by L.L. No. 14-2005]

Central business districts. The Planning Board, in the case of uses located on lots in a Central Business District, may require or permit, in lieu of some or all of the ordinary off-street parking requirements for the use, payment of a parking fee to be added to a fund used to create municipal parking for the district. However, no such fees shall be collected until the Planning Board shall have adopted regulations governing computation of the fee and use of the same.

Historic Districts. The Planning Board, in the case of a use located on lots within Town-designated Historic Districts, may waive all or a portion of the parking required by the Table of Off-Street Parking Requirements pursuant to a written finding made by Planning Board resolution that:

[Added 6-4-2004 by L.L. No. 11-2004]

(1)

The lot proposed for an alternative use requiring site plan and/or special permit approval is suitable for such alternative use and/or development; and

(2)

The proposed use of the property is consistent with preserving the historical attributes of the site; and

(3)

Existing on-site and or nearby on-street or municipal parking can accommodate the projected demand from the proposed use; and

(4)

The provision of some or all of the required off-street parking on the parcel would have a detrimental impact on the historical attributes of the subject property, including its historical context, setting and historical value.

§ 255-11-50 Signs.

In order to perpetuate the open character and rural appearance of the Town and to promote good community planning generally, while at the same time recognizing the economic importance and attractiveness of a reasonable number of well-sited and tastefully designed signs of various kinds, it is hereby required that signs be erected, established, altered and maintained only in accordance with the requirements of the following sections.

§ 255-11-52 General standards.

Certain signs prohibited. The following types of signs shall be prohibited in the Town of East Hampton:

[Amended 12-15-1989 by L.L. No. 16-1989; 6-7-1991 by L.L. No. 11-1991; 10-6-2006 by L.L. No. 27-2006; 12-5-2008 by L.L. No. 22-2008]

(1)

Billboards, including sandwich board and other sidewalk signs.

(2)

Flashing, blinking, tracing, flickering or neon signs.

[Amended 7-3-2014 by L.L. No. 21-2014]

(3)

Any sign more than three feet higher than the average ceiling height of the building on which the sign is located.

(4)

Any sign more than 10 feet higher than the natural grade of the land on which it is located.

(5)

Illuminated vending machines.

(6)

Exterior internally illuminated signs.

Nonconforming signs. Only signs as are described and permitted by specific provisions of these sections shall be deemed to conform thereto. Any other sign shall be deemed nonconforming. A nonconforming sign may not be replaced by another nonconforming sign. All signs rendered nonconforming by prior enactments of these provisions, by the enactment of these sections or by any future amendment thereof, shall, at the expiration of the following time periods following such enactment or amendment, become prohibited and unlawful structures and shall be removed:

[Amended 12-15-1989 by L.L. No. 16-1989]

(1)

Sandwich boards, banners, pennants, sidewalk signs, merchandise, parked automobiles and the like: 15 days.

(2)

Signs consisting entirely or primarily of paint or other nonstructural decoration to the exterior facing of a building or structure: one year.

Public property. Nothing herein shall be deemed to limit the authority of the Town Board to erect, alter or maintain any sign deemed necessary or reasonable for the public safety or convenience on any right-of-way or other property owned or leased by the Town, nor the authority of the Town Board to allow, permit or license private persons or parties to do the same, subject to all applicable provisions of law.

Legal notices. These regulations shall not apply to signs placed on any property to provide legal notice to the public where such notice and such sign are required by the terms of any law, ordinance, governmental regulation, court decree or administrative order. However, in the case of gasoline price signs and other similar external signs required by law to be posted by certain businesses or special permit uses, any characteristic of the sign, such as maximum size, color, exact onsite location, etc., not specifically determined by the law requiring the sign, shall be subject to site plan and/or architectural and design approval in the same manner as any other sign on the property.

Lighting of signs. Lighting shall be mounted on the top of or above the sign, directed downward, and positioned or shielded so that the light source is not visible beyond the boundary of the property on which the sign is located.

[Added 10-6-2006 by L.L. No. 27-2006]

§ 255-11-55 Regulations for signs in various zoning districts.

[Amended 6-14-2001 by L.L. No. 11-2001; 11-4-2005 by L.L. No. 38-2005; 12-5-2008 by L.L. No. 22-2008]

Nonresidential zoning districts:

(1)

Each business establishment located in a nonresidential zone shall be permitted signage as follows:

(a)

All signs for any one business shall not exceed 20 square feet in aggregate area, except that both sides of a two-sided freestanding sign may have an aggregate area of 32 square feet.

(b)

Freestanding signs shall not extend more than 10 feet above the grade of the land on which the sign is located. However, in no event shall any sign extend beyond the height of the structure to which it is attached, or located adjacent thereto.

(c)

The aggregate area of all signs located on any one wall of any building shall not exceed one foot times the length of the particular wall on which the signs are located.

(2)

Where a structure or group of structures containing more than one business exists on one lot, a freestanding directory sign conforming to the following requirements shall be permitted in addition to the signage permitted herein for each business:

(a)

The complex name sign shall not exceed four (4) square feet in area on each side;

(b)

Each business may have a sign on the directory not to exceed six inches tall by 36 inches wide.

(3)

All such signs shall be located upon the premises upon which the business is located.

(4)

No sign shall be installed so that any portion of the sign extends beyond the height to the building upon which it is attached.

Residential zoning districts:

(1)

Signs located in residential districts shall not exceed 12 square feet in area, or 20 square feet in the case of the aggregate area of both sides of a two-sided freestanding sign. Such signs shall be located entirely upon the property and not within any public rights-of-way or upon the property of another party.

(2)

Signs identifying realty subdivisions: No more than one such sign shall be located at each intersection of a subdivision road with a public street or highway from which vehicular access to the subdivision is taken, up to a maximum total of three signs.

All districts:

(1)

Directional signs. The following shall apply to any directional sign as the same is defined in Article I:

(a)

Signs may be located on public or private property.

(b)

Signs shall be white with black lettering, six inches by 36 inches in size.

(c)

Signs shall not be erected, located, removed or altered on public or private property without a resolution of approval by the Town Board. Signs located on public property without such approval may be removed by the Town Police, Town Building Department, Ordinance Enforcement Department or Town Highway Department.

(d)

Signs shall be erected on signposts maintained by the Town or on trees designated by the Town Board wherever possible.

(e)

Signs shall not be illuminated.

(2)

Informational signs. The following shall apply to any informational sign as the same is defined in Article I:

(a)

Signs shall be located only on lots being legally used for business or commercial purposes or on a residential district lot containing a legal special permit use.

(b)

Signs shall not be illuminated.

(c)

Signs shall be subject to site plan and/or architectural and design review and shall conform in design and location to approval obtained.

(3)

Professional or announcement signs. The following shall apply to any professional or announcement sign as the same is defined in Article I:

(a)

Signs shall be located only on private property containing an occupied residence. Signs located on public property or rights-of-way may be removed by the Town Police, Town Building Department, Ordinance Enforcement Department or Town Highway Department.

(b)

No permit shall be required.

(c)

Only one sign may be located on each eligible property.

(d)

Signs shall not exceed two square feet.

(e)

Signs shall not be illuminated.

(4)

Temporary signs. The following shall apply to any temporary sign as the same is defined in Article I:

(a)

Real estate and construction signs.

(i)

Signs may be located on any private property in any district. Signs shall not be located on public property or rights-of-way, and such signs so located may be peremptorily removed by the Town Police, Town Building Department, Ordinance Enforcement Department or Town Highway Department.

(ii)

No permit shall be required.

(iii)

One sign shall be permitted for each road frontage property line (lot) or each road entrance (subdivision).

(iv)

Signs shall not exceed six square feet in area.

(v)

Signs shall not be illuminated.

(vi)

Sign height shall not exceed four feet above the finished grade of the property or the grade of the street immediately adjacent to the location of the sign, whichever is higher, except in the case of post-and-arm signs, which shall not exceed six feet in height from the finished grade of the property or the street immediately adjacent thereto, whichever is higher.

(vii)

Signs shall be set back a minimum of eight feet from the edge of the improved roadway or edge of the sidewalk and shall not interfere with pedestrian or vehicular traffic. In the event this is not possible due to physical constraints on the property, then such sign shall be located so as to be situated as close to the minimum setback as reasonably possible.

(viii)

Signs shall be perpendicular to the property line.

(ix)

Signs shall be installed on a sturdy support, including post-and-arm or other similar arrangement, to assure that the sign remains supported and in place and does not come loose and become litter or interfere with vehicular or pedestrian traffic.

(x)

Signs shall be temporary and shall not remain in place beyond such time as the premises are sold or rented or, in the event of a construction sign, until a certificate of occupancy is issued for the work being undertaken at the premises, but in no event shall any such sign remain in place for more than one year from the date of its installation.

(b)

Other temporary signs on premises.

(i)

Signs may be located on any lot in any district not displaying other signs permitted by this chapter. Signs shall not be located on any public property or rights-of-way, and such signs so located may be removed by the Town Police, Town Building Department, Ordinance Enforcement Department or Town Highway Department.

(ii)

There shall be no more than one such sign on any lot.

(iii)

No permit shall be required.

(iv)

No such sign be more than 16 square feet in area, except that both sides of a two-sided freestanding sign may have an aggregate area of 24 square feet.

(v)

One sign shall be permitted for each road frontage property line.

(vi)

The sign shall not be illuminated.

(c)

Temporary business signs: Businesses which otherwise do not require site plan approval shall be entitled to erect one temporary business sign pending the issuance of an approval of a permanent sign from the Architectural Review Board, which temporary sign shall comply in all respects to the physical and dimensional requirements set forth in this chapter. Such temporary business signs may remain in place no more than three weeks unless an extension of time is granted by the Architectural Review Board.

(5)

Off-premises signs: Off-premises signs, except as may be specifically permitted herein, are prohibited in the Town of East Hampton.

(a)

Off-premises temporary signs:

(i)

Off-premises temporary signs which do not exceed six square feet in area are permitted, provided that they are installed on private property with the permission of the property owner or upon public property, provided such signs do not interfere with the use of such property and do not cause a traffic hazard as determined by the Town Superintendent of Highways or the Town Police Department. Such signs may be erected for no more than seven days and shall be removed by the persons responsible for their installation. In the event such signs are not removed within seven days of their placement, they shall be deemed litter and may be removed by the Town, and in addition, appropriate penalties for littering may be imposed.

(ii)

No permit shall be required for off-premises temporary signs as provided for herein.

(iii)

No more than six events of any nature for which an off-premises sign is erected shall be permitted for any property within a twelve-month period. This provision shall not be construed to allow any activity upon a property which is not otherwise permitted under the provisions of this chapter.

§ 255-11-57 Architectural Review Board approval.

Wherever this chapter requires approval of the Architectural Review Board for the erection, enlargement or alteration of a sign, such sign shall, in addition to complying with these sections, be approved by such Board as being of suitable size, design and location, pursuant to all applicable standards in this chapter, and the Board shall not be compelled to approve any such sign solely because of compliance herewith.

§ 255-11-59 Site plan review unaffected.

Nothing in §§ 255-11-50 through 255-11-58 hereof shall be deemed to interfere with or abridge any provision in Article VI of this chapter requiring site plan approval for certain structures, lots and uses, including any such provision which may require site plan approval for every structure on a particular lot or site.

§ 255-11-60 Single-family residence regulations.

§ 255-11-61 Purpose.

An important function of local land use regulation is the establishment and protection of single-family residential districts in which tranquil, healthy and safe neighborhood environments are maintained for the quiet enjoyment of resident homeowners and their families and in which the children of such families may be properly raised. Such residential areas provide a setting suitable primarily for the Town's permanent and seasonal residents who are living, working, going to school, paying taxes, etc., in East Hampton. The needs of transients, on the other hand, are best accommodated in other districts. Nearly any business enterprise conducted for the purpose of making a profit may sacrifice other values critical to residential neighborhoods. Thus, the courts have long recognized the right of municipalities to entirely segregate business uses from such districts and to otherwise prevent unwarranted commercialization from encroaching therein, including that commercialization caused by the misuse of single-family residences. In particular, the purely commercial use of such structures by absentee owners poses problems for adjacent properties and residents, as well as to legitimate businesses located in commercial district paying business taxes, and must be strictly limited. The regulations in these sections and throughout this chapter recognize these principals and are designed to further the same, while at the same time permitting certain compatible activities in single-family residences which can serve to supplement an owner's income without risking harm to surrounding residences or entire residential neighborhoods.

§ 255-11-62 Uses permitted in single-family residences.

[Amended 5-4-2007 by L.L. No. 18-2007]

The following are the only uses permitted in single-family residences in the Town of East Hampton:

Principal residence. Permanent, seasonal or intermittent occupation by the owner's family as principal residence.

Nonprincipal residence. Temporary, seasonal or intermittent occupancy by the owner's family as nonprincipal residence, vacation residence or second home.

Supplemental uses when owner or owner's family in residence. During periods of actual occupancy by one or more members of the owner's family:

(1)

Use of one home office.

(2)

Engaging in home occupations.

(3)

Rental of one or two guest rooms.

(4)

Rental of an affordable accessory apartment pursuant to § 255-11-63.

(5)

Operation of a residential museum as defined in this chapter.

[Added 7-1-2010 by L.L. No. 6-2010]

(6)

Use of a small taxi office (office use, nondispatch). A small taxi office (office use, nondispatch) shall be limited to a business owned and operated by the owner of a parcel of real property that operates either one of two taxicabs or vehicles for hire under a single business license issued pursuant to Chapter 226 of this Code, provided that there is:

[Added 5-15-2014 by L.L. No. 11-2014]

(a)

No dispatching of taxicabs from the premises where the small taxi office is located; and

(b)

No on-site maintenance, repair, or upkeep, including but not limited to car washing, oil changes, engine repair or maintenance, body work, of any taxi cab or vehicle for hire, on the premises where the small taxi office is located; and

(c)

Sufficient, delineated parking areas on the subject parcel to provide for parking of four motor vehicles. Street parking of taxi cabs or vehicles for hire at or near the small taxi office location is prohibited.

(d)

Only one small taxi office (office use, nondispatch) per parcel of real property.

Supplemental use when owner and owner's family not in residence. During periods of nonoccupancy by all persons in the owner's family, and subject to the provisions of § 255-11-64 hereof, occupancy of the entire residence by one family as guest of owner or as tenant. In the case of such occupancy, the supplemental uses set forth in Subsection C(1), (2) and (5) of this section may be engaged in by a resident tenant, but the uses in Subsection C(3) and (4) thereof shall be prohibited. Where there is occupancy of the entire residence by one family as guest or tenant of the owner, the supplemental uses provided for in Subsection C(6) may be engaged in by a resident tenant or guest only where such resident or guest can provide proof of leasing a premises in the Town of East Hampton for at least one year prior to application for the supplemental use and that he or she is the owner and operator of the business that operates out of the small taxi office.

[Amended 7-1-2010 by L.L. No. 6-2010; 5-15-2014 by L.L. No. 11-2014]

§ 255-11-63 Affordable accessory apartments.

General requirements.

[Amended 12-1-2016 by L.L. No. 49-2016]

(1)

The lot to which the affordable accessory apartment is to be added shall possess a certificate of occupancy for a single-family residence, be entitled to the issuance of a certificate of occupancy by virtue of preexisting status or have a valid building permit to construct a single-family residence, unless the owner of the property intends to obtain permits pursuant to this section to maintain an apartment constructed without approvals as an affordable accessory apartment.

(2)

No more than one affordable accessory apartment shall be permitted on any lot.

(3)

An affordable accessory apartment shall not be permitted on a lot on which there exists an artist studio, rooming house or boarders, home occupation, home professional office, preexisting accessory apartment, two-family detached dwelling or multiple-family dwelling. The owner of a single-family residence with an affordable accessory apartment may not also rent guest rooms pursuant to § 255-11-62C(3).

(4)

An affordable apartment may not be sublet.

(5)

No affordable accessory apartment shall be permitted if the result would be a residential density of more than two dwelling units per lot.

(6)

In residence districts authorized by this chapter, an affordable accessory apartment may be maintained as a conditional accessory use only upon compliance with the requirements of this local law, the Code of the Town of East Hampton, the New York State Uniform Fire Prevention and Building Code and the conditions, rules and/or regulations of any other agency having jurisdiction.

(7)

The rent charged for an affordable accessory apartment may not exceed the standards set forth in § 255-1-20, "affordable housing unit."

(8)

No more than 20 affordable accessory apartment permits or building permits for affordable accessory apartments shall be issued in each school district located within the Town of East Hampton. The total number of permits issued for affordable accessory apartments in the Town of East Hampton shall not exceed 100. The permits will be issued on a first-come-first-served basis. See § 255-11-63C(3)(a)[1] for additional restrictions.

Site requirements.

(1)

No violations of the Town Code shall exist at the time of application for an affordable accessory apartment; excepting those that may exist as part of an apartment constructed without approvals that is the subject of the application for an affordable accessory apartment. The Building Inspector shall inspect the premises upon receipt of a completed application, and the application shall not be processed until all outstanding violations are corrected.

(2)

No affordable accessory apartment within a residence shall be constructed on a lot with a total lot area less than 20,000 square feet. No affordable accessory apartment within a detached structure shall be constructed on a lot with a total lot area less than 40,000 square feet.

[Amended 12-1-2016 by L.L. No. 49-2016]

(3)

No affordable accessory apartment shall be permitted on any lot located wholly or partially within a Harbor Protection Overlay District or Affordable Housing Overlay District.

Permits required; conditional use.

(1)

In order to construct an affordable accessory apartment, the owner shall apply for a building permit and obtain a temporary certificate of occupancy for the apartment from the Building Inspector. The apartment may not be occupied until an affordable accessory apartment permit from the Town Office of Housing and Community Development is obtained pursuant to § 255-11-63E herein. A permanent certificate of occupancy conditioned upon use of the apartment as an affordable accessory apartment as defined herein may not be issued by the Building Inspector until an affordable accessory apartment permit is issued.

(2)

Building permit application. The owner of a single-family detached dwelling, when authorized by this chapter, may apply to the Building Department for a permit to construct an affordable accessory apartment. The application shall be in writing and in a form prescribed by the Building Inspector and acknowledged by the applicant in the form of an affidavit verified under oath. The application must contain:

(a)

The name, address and contact information of the owner;

(b)

The name, address and contact information of a person designated by the owner who is responsible for the property in the absence of the owner;

(c)

The street and address of the premises at which an affordable accessory apartment is contemplated, together with its Suffolk County Tax Map description;

(d)

A survey of the premises at which the affordable accessory apartment is contemplated, at a scale and size suitable for filing;

(e)

If the affordable accessory apartment is proposed within a residence, a floor plan of the existing residence or proposed residence and one photograph of each of the front, rear and each side of the existing dwelling on the premises which is the subject of the application, as well as photographs depicting the location of any existing driveways, and if not included on the survey drawn to scale, showing all buildings, structures, walks, drives, other physical features of the premises and the location of and access to existing and proposed off-street parking;

[Amended 12-1-2016 by L.L. No. 49-2016]

(f)

If the affordable accessory apartment is proposed within a residence, a floor plan of the proposed dwelling as same shall exist after any alterations or modifications are made for such affordable accessory apartment;

[Amended 12-1-2016 by L.L. No. 49-2016]

(g)

If the affordable accessory apartment is proposed within a detached structure, a floor plan of the existing structure and one photograph of each of the front, rear and each side of the existing structure on the premises which is the subject of the application, as well as photographs depicting the location of any existing driveways, and if not included on the survey drawn to scale, showing all buildings, structures, walks, drives, other physical features of the premises and the location of and access to existing and proposed off-street parking;

[Added 12-1-2016 by L.L. No. 49-2016[1]]

[1]

Editor's Note: This local law also redesignated former Subsection C(2)(g) through (k) as Subsection C(2)(i) through (m), respectively.

(h)

If the affordable accessory apartment is proposed within a detached structure, a floor plan of the proposed dwelling as same shall exist after any alterations or modifications are made for such affordable accessory apartment;

[Added 12-1-2016 by L.L. No. 49-2016]

(i)

Proof of residency of the owner(s);

(j)

Photo identification of the owner(s);

(k)

A duly executed and acknowledged written consent of the applicant authorizing an inspection of the premises as set forth in § 255-11-63C(3)(a)(7);

(l)

A duly executed and acknowledged written intention to construct an affordable accessory apartment in accordance with the provisions of § 255-11-63 of the Town Code;

(m)

Any other information deemed necessary by the Building Inspector to assure the completeness of the application.

(3)

Certificate of occupancy for an affordable accessory apartment will not be issued until:

(a)

The property owner has such contracts, easements, covenants, deed restrictions, or other legal instruments running in favor of the Town which will ensure that:

[1]

The principal dwelling is owner-occupied, except the owner shall be permitted to occupy an affordable apartment within a residence and rent the principal dwelling under the applicable, as determined by the Office of Housing and Community Development, affordable apartment guidelines and terms found herein, including but not limited to the rental limits set forth for an affordable housing unit pursuant to § 255-1-20 of the East Hampton Town Code. This exception shall be limited to up to four affordable accessory apartments within residences within each school district and shall not apply to affordable apartments within detached structures.

[Amended 12-1-2016 by L.L. No. 49-2016]

[2]

The apartment or any proprietary or other interest therein will not be sold to the tenant or any other party, except as part of a sale of the entire residence in which the apartment is located;

[3]

The affordable accessory apartment will be used only for the year-round occupancy of an East Hampton Town resident;

[4]

The affordable accessory apartment is the legal domicile of all tenants therein;

[5]

Rent charged to the tenant of the apartment must be stated in the lease and is not to exceed that set forth for an affordable housing unit pursuant to § 255-1-20 of the East Hampton Town Code;

[6]

All leases of the rental apartment shall be in writing, comply with § 255-11-63F and made available to the Office of Housing and Community Development and shall be for a minimum of a one-year term;

[7]

The Building Inspector, or his/her designee, has the right to inspect the entire property, upon reasonable notice, for the purpose of determining whether the apartment and all other structures on the property are in compliance with the Code of the Town of East Hampton, the New York State Uniform Fire Prevention and Building Code and/or the rules and regulations of any other agency having jurisdiction. The failure to schedule an inspection after due notice from the Town or resisting, obstructing and/or impeding the agents, servants, officers and/or employees of the Town of East Hampton during an inspection of the premises shall be a violation of this local law and subject to the fines and penalties provided in the East Hampton Town Code;

[8]

The Building Inspector, or his/her designee, has the right and the obligation in the event of an emergency as determined by the Building Inspector and upon notice to the property owner, to enter upon any portion of the premises to protect the health, safety and welfare of residents or perform any duty required of him/her under the Code of the Town of East Hampton, the New York State Uniform Fire Prevention and Building Code and/or the rules and regulations of any other agency having jurisdiction;

[9]

No more than two persons are permitted to reside in the apartment;

[10]

The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom; and

[11]

Any other conditions deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet affordable housing needs in the community is met;

[12]

An affordable accessory apartment may not be occupied until an affordable accessory apartment permit has been obtained from the Office of Housing and Community Development pursuant to § 255-11-63E of the East Hampton Town Code; and

(b)

The Building Inspector has notified the Fire District in which the apartment is located, that an affordable accessory apartment has been constructed at that location.

Violations; presumptions.

(1)

It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease an apartment located within a single-family residence or detached structure unless legally preexisting in the Town of East Hampton without first having obtained an affordable accessory apartment permit. Failure or refusal to procure an affordable accessory apartment permit shall be deemed a violation of this local law.

[Amended 12-1-2016 by L.L. No. 49-2016]

(2)

In the absence of a valid affordable accessory apartment permit, there shall be a rebuttable presumption that a residence for a single family contains an illegal apartment which is being established, operated, used, occupied, rented, leased and/or maintained as a multiple-family residence in violation of law if any two or more of the following features are found to exist by any person authorized to enforce or investigate violations of the Code of the Town of East Hampton:

(a)

More than one mailbox, mail slot or post office address;

(b)

More than one doorbell or doorway on the same side of the building or dwelling unit;

(c)

More than one gas meter;

(d)

More than one electric meter;

(e)

More than one connecting line for utility services;

(f)

More than one satellite dish;

(g)

Multiple bills for utility/cable television service;

(h)

Separate entrances for segregated parts of the dwelling, including but not limited to bedrooms;

(i)

Permanent partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to the bedroom;

(j)

A separate written or oral lease or rental arrangement, payment or agreement for portions of the dwelling among its owner(s) and/or occupants and/or persons in possession thereof;

(k)

The inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit; or

(l)

Two or more kitchens each containing one or more of the following: a range, oven, hotplate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator.

(3)

If a property, building or dwelling is found to contain two or more of the features enumerated in Subsection D(2) herein, the Town may request that the owner of that property, building or dwelling unit submit to the Town a verified statement affirming that the property, building or dwelling unit meets all applicable zoning or building codes, ordinances and regulations of the Town of East Hampton. Failure to submit the requested statement as required by the Town shall be deemed a violation subject to the penalties contained in § 255-10-50. This section shall not prohibit the Town's enforcement agencies from taking any other action authorized by this Code in lieu of a request for a verified statement pursuant to this section.

Issuance of an affordable accessory apartment permit; conditions; lease; fees.

(1)

Application. The owner of a single-family dwelling, where a certificate of occupancy has been issued for an affordable accessory apartment must apply to the Office of Housing and Community Development to maintain that affordable accessory apartment. The application shall be in writing and in a form to be prescribed by the Office of Housing and Community Development and acknowledged by the applicant in the form of an affidavit verified under oath. The application must contain:

(a)

Proof of residency of the owner(s);

(b)

Proof of residency of the tenant(s);

(c)

Photo identification of the owner and tenant(s);

(d)

A copy of the fully completed application to the Building Department for all necessary building permits;

(e)

A copy of the certificate of occupancy for the lot;

(f)

A copy of the lease between the owner and the tenant that complies with § 255-11-63F;

(g)

The name, address and contact information of a person designated by the owner who is responsible for the property in the absence of the owner;

(h)

Any other information that the Office of Housing and Community Development deems necessary to facilitate the rental of an affordable accessory apartment.

(2)

Change in occupancy. Any change in the occupancy of the affordable accessory apartment must be reported to the Office of Housing and Community Development within 30 days of such change. Any changes in occupancy during the term of the lease must comply with all provisions of this local law.

(3)

Permit fees. The fee for the initial permit application for an affordable accessory apartment permit shall be $50, unless such application is made to legalize an otherwise illegal apartment, in which case the fee shall be $500, which shall be nonrefundable and paid at the time of filing the application, in addition to any other fees required by the Building Department for a building permit.

(4)

Permit renewal.

(a)

Any permit issued under this local law may be renewed for an additional term of one year. A complete application pursuant to Subsection E(1) herein must be filed for a permit renewal. The filing fee for the renewal of an affordable accessory apartment shall be $25.

(b)

All fees for renewal of an existing permit shall be paid within 30 days of the expiration of the existing permit. All fees paid after 30 days of the expiration of the existing permit shall be subject to a late filing fee of $50 in addition to the filing fee in Subsection E(4)(a) herein.

(c)

Failure to renew an affordable accessory permit results in the presumption that an affordable accessory apartment is being operated, used, rented, leased and/or maintained by the new owner(s) in violation of law.

(5)

Transfer of permits.

(a)

An affordable accessory apartment permit may be transferred to a subsequent property owner by application as in the event of an original application and in accordance with Subsection E(1) herein.

(b)

The application for a transfer of the affordable accessory apartment must occur within 90 days of the closing of title, and the main dwelling will be or is the principal residence of the new owner upon sale. Such transfer of the permit will not take effect until the new owner(s) submits a complete application and such application is approved by the Office of Housing and Community Development. In the event an application for a transfer of an accessory permit has not been filed by the new owner(s) in violation of this article, there shall be a presumption that an affordable accessory apartment is being operated, used, rented, leased and/or maintained by the new owner(s) in violation of law.

(c)

Said transfer application shall be subject to Subsection E(1) and (4) herein and payment of the applicable fee.

(6)

Term of permit. All permits issued hereunder shall be valid for a period of one year unless:

(a)

A court of competent jurisdiction finds that the owners or tenants of the dwelling unit(s) located within the residence building are guilty of a violation of any provision of this local law;

(b)

The permit is terminated by operation of law or order of the court;

(c)

The permit is voluntarily surrendered by the property owner. Voluntary surrender of the permit must be done in writing to both the Building Inspector, the Office of Housing and Community Development and the East Hampton Town Board; or

(d)

The certificate of occupancy is revoked pursuant to § 102-15B of the Code.

Lease. The lease between the owner and the tenant must be in writing and contain the following provisions:

(1)

A minimum term of one year;

(2)

No more than two persons are permitted to reside in the apartment;

(3)

The apartment must serve as the year-round legal residence of the tenant, except where the owner occupies the apartment and tenant occupies the principal residence as permitted by § 255-11-63C(3)(a)[1]. Should the tenant occupy the principal residence, said principal residence must serve as the year-round legal residence of the tenant.

[Amended 12-1-2016 by L.L. No. 49-2016]

(4)

The tenant consents to an inspection upon reasonable notice by the Building Inspector, or his/her designee, for the purpose of determining whether the apartment and all other structures on the property are in compliance with the Code of the Town of East Hampton, the New York State Uniform Fire Prevention and Building Code and/or the rules and regulations of any other agency having jurisdiction. The failure to schedule an inspection after due notice from the Town or resisting, obstructing and/or impeding the agents, servants, officers and/or employees of the Town of East Hampton during an inspection of the premises is a violation of the East Hampton Town Code and subject to the fines and penalties provided herein;

(5)

The right of the Building Inspector, or his/her designee, in the event of an emergency as determined by the Building Inspector and upon notice to the property owner, to enter upon any portion of the premises to protect the health, safety and welfare of residents or perform any duty required of him/her under the Code of the Town of East Hampton, the New York State Uniform Fire Prevention and Building Code and/or the rules and regulations of any other agency having jurisdiction; and

(6)

The rent charged to the tenant is stated in the lease and is not to exceed the standards set forth in the definition of "affordable housing unit" contained in the East Hampton Town Code.

Occupancy requirements.

(1)

One or more owners of the lot upon which the affordable accessory apartment is located shall reside within the principal dwelling, or in the affordable accessory apartment as permitted herein, as a year-round resident. The owner or owners in residence shall have no other primary residence and must demonstrate legal residency in the Town of East Hampton.

[Amended 5-6-2008 by L.L. No. 9-2008; 12-1-2016 by L.L. No. 49-2016]

(2)

(Reserved)[2]

[2]

Editor's Note: Former Subsection G(2), regarding the owner-occupant maintaining an interest of 100% in the property, was repealed 5-6-2008 by L.L. No. 9-2008.

(3)

No more than two persons are permitted to reside in an affordable accessory apartment.

(4)

The tenant must have established legal residency in the Town of East Hampton prior to occupying an affordable accessory apartment.

(5)

Documents that may be requested to establish legal residency may include but are not limited to:

(a)

Government-issued photo identification;

(b)

New York State income tax forms;

(c)

A voter registration card;

(d)

A year-round lease for a residence in the Town of East Hampton with rent receipts; and

(e)

Any other information the Office of Housing and Community Development deems necessary to the determination of residency.

Design requirements.

(1)

The affordable accessory apartment shall be a minimum of 300 square feet and shall not exceed 600 square feet.

(2)

The affordable accessory apartment shall not contain more than one conventional bedroom.

(3)

No portion of a single-family dwelling structure or affordable accessory apartment shall utilize a cellar, attic or any portion thereof as habitable living space unless a variance is issued by the New York State Uniform Fire Prevention and Building Code Review Board or other agency having jurisdiction.

(4)

At least two off-street parking spaces shall be provided for in a driveway on the lot for the affordable accessory apartment in addition to that parking already utilized by the property owner. The parking of vehicles of the owner and the tenant on the street or on any property other than the lot on which the affordable accessory apartment is located or parking overnight of more than four vehicles on said lot shall be prohibited.

[Amended 12-1-2016 by L.L. No. 49-2016]

(5)

For affordable accessory apartments in single-family residences, all exterior entrance doors shall be located at the sides or rear of the dwelling. No exterior changes shall be made so as to alter the single-family appearance of the dwelling.

[Amended 12-1-2016 by L.L. No. 49-2016]

(6)

Any detached structure with an affordable accessory apartment shall meet principal structure setbacks as set forth in § 255-11-10 herein, except for in the front yard, where a detached structure with an affordable accessory apartment shall meet the accessory building setbacks. For a waterfront lot, the accessory front yard setback shall be applied for the yard fronting on the street.

[Added 12-1-2016 by L.L. No. 49-2016]

§ 255-11-64 Uses prohibited in single-family residences.

[Amended 3-6-1992 by L.L. No. 4-1992; 1-8-1999 by L.L. No. 2-1999; 8-2-2002 by L.L. No. 23-2002; 3-17-2006 by L.L. No. 7-2006; 7-7-2011 by L.L. No. 12-2011; 5-15-2014 by L.L. No. 9-2014; 6-4-2015 by L.L. No. 20-2015]

No person, including the owner, shall use or permit to be used any single-family residence for any of the following:

Two-family residence: creation, use or maintenance of a two-family residence, as defined herein, except as may be authorized in certain cases by special permit pursuant to the Use Table and Article V.

Multifamily occupancy: occupancy at any time by more than one family, except as permitted by § 255-11-62C(3) and (4) hereof.

Partial occupancy or rental: rentals to, or use or occupancy by, any person or persons of less than the entire residence, except as permitted in § 255-11-62C(3) and (4) hereof.

Excessive turnover: except in the case of the rental of guest rooms pursuant to § 255-11-62C(3) hereof, rentals, tenancies or occupancies constituting motel use as defined in § 255-1-20 ("motel") hereof.

Shares: the selling of shares or the establishing of other ownership, tenancy or use arrangements in which individuals obtain rights of occupancy in individual bedrooms, whether or not specifically identified, or rights to occupy all or part of the residence on particular days of the week, specified weekends or other similar occasions or terms.

Fractionalized ownership interests: the creation of cooperative-style ownership, less-than-fee-simple ownership or other similar arrangements resulting in proprietary tenancies for one or more persons in the residence, the establishment of interval or time-sharing ownership for any person in all or any part of the residence, or the like. However, this subsection shall not be deemed to preclude the creation of mortgages, liens, easements or other similar interests encumbering the residential property as a whole to secure a loan or for any other legitimate purposes.

Parking: when in use pursuant to § 255-11-62D hereof, parking of vehicles of occupants and their visitors on the street or on any property other than the lot on which the residence is located or parking overnight of more than four vehicles on said lot shall be prohibited.

Overcrowding: occupancy of any bedroom by more occupants than permitted by the minimum area requirements set forth in § 255-11-67A(9). This occupancy limitation applies to all bedrooms in single-family residences, including guest rooms in single-family residences as provided in § 255-11-62C(3), immediately upon the effective date of this subsection regardless of whether such residences were constructed before the effective date of this subsection and regardless of the number of occupants before said effective date.

Other: establishment or carrying on of any new business, trade, commercial operation or other nonresidential activity or use, which activity or use is not specifically authorized by this Code. For the purposes of this subsection, hosting or granting of permission to host for a fee (whether termed rental or otherwise) of more than one social event or reception per calendar year at any single-family residence located within the boundaries of the Town of East Hampton shall be deemed to be a nonresidential activity or use. This section shall not be deemed to prevent:

(1)

The parking on a residential lot of commercially registered (including livery) cars or light trucks if the same are used by an occupant of the residence on the lot on which the vehicle is parked, with the exception of vehicles designed for or utilized for the storage and/or transportation of fuel products (gasoline, oil, propane, kerosene products or any other similar combustible compound) or other combustible compounds, which shall not be parked on any residential lot. This provision shall not be deemed to prevent the temporary parking of such a vehicle on a residential lot, provided that said vehicle is actively engaged in the delivery of product to the premises on the residential lot on which it is parked.

(2)

The outdoor storage on a residential lot of up to two boats or any number of such boats used in connection with a home occupation as defined in Article I.

(3)

Any home occupation or home office use, as the same are defined and permitted herein.

Penalties. Any person found guilty of a violation of any provision of this section shall be punishable by a fine of not less than $500 nor more than $2,500 or by imprisonment not to exceed six months, or both. For a second offense in less than two years, any person found guilty of a violation of any provision of this section shall be punishable by a fine of not less than $1,500 nor more than $5,000 or by imprisonment not to exceed six months, or both. For a third offense in less than five years, any person found guilty of a violation of any provision of this section shall be punishable by a fine of not less than $2,500 nor more than $10,000 or by imprisonment not to exceed six months, or both.

§ 255-11-65 Responsibility of owner; presumption of existence of use.

Responsibility. Subleasing of a residence or part thereof by any person other than the owner shall make such sublessor jointly responsible with the owner and tenant for compliance with this section and with all other applicable provisions of this Code, including, but not limited to, regulations concerning allowable light and noise, but subleasing or any other tenancy or occupancy arrangement shall not be deemed in any way to relieve the owner of the residence from continuing primary responsibility for such compliance.

Presumption of existence of prohibited use. Where the owner, the owner's family, its agent or any other person having control over the occupancy or use of a single-family residence does place, or cause to be placed or broadcast, an announcement in any printed or electronic medium advertising that shares in such residence are available for purchase, or that daily or weekly rentals are available or that any other use identified as prohibited in § 255-11-64 hereof is available or exists in the residence, there shall arise a rebuttable presumption that the activities, conditions or uses advertised exist and are being maintained in such residence.

[Amended 7-18-2002 by L.L. No. 21-2002]

§ 255-11-67 Additional regulations.

[Amended 6-14-2001 by L.L. No. 11-2001; 8-2-2002 by L.L. No. 23-2002; 3-17-2006 by L.L. No. 7-2006; 5-4-2007 by L.L. No. 18-2007]

Design requirements. In addition to the use rules for single-family residences contained in the preceding sections, every such residence constructed, reconstructed or substantially expanded after the effective date of this section (or the effective date of any amendment of this section with respect to the application of such amendment) shall comply with the following design requirements:

(1)

The interior and exterior of the residence shall be designed for use by a single family, and, except in cases where an accessory apartment is created pursuant to § 255-11-63 or/and Article V hereof, there shall be no facilities providing for the independent occupancy of a second family. A violation of the provisions of this subsection 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.

(2)

There shall be no more than one area designed or used for food preparation, whether or not the same is a separate kitchen. Additional facilities, including, but not limited to, second kitchens, groupings of plug-in appliances or other areas suitable or likely to be employed for cooking and preparation of meals shall be prohibited. The interior and exterior of the residence shall be designed for use by a single family, and, except in cases where an affordable accessory apartment is created pursuant to § 255-11-63, there shall be no facilities providing for the independent occupancy of a second family. A violation of the provisions of this subsection 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.

(3)

There shall be at least one common entrance on the ground floor, through which every room, other than a utility room, shall be readily accessible by passage through the interior of the residence. This subsection shall not apply to an affordable accessory apartment approved pursuant to § 255-11-63 of this chapter.

(4)

There shall be no more than one conventional bedroom for every 300 square feet of habitable floor area, except that two bedrooms shall always be permitted, and no bedroom shall be located in any garage or cellar. The interior and exterior of the residence shall be designed for use by a single family, and, except in cases where an accessory apartment is created pursuant to § 255-11-63 or Article V hereof, there shall be no facilities providing for the independent occupancy of a second family. A violation of the provisions of this subsection 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.

(5)

There shall be at least one room which is not designed as a conventional bedroom, kitchen, bathroom, foyer, storage area or closet. The interior and exterior of the residence shall be designed for use by a single family, and, except in cases where an affordable accessory apartment is created pursuant to § 255-11-63 hereof, there shall be no facilities providing for the independent occupancy of a second family. A violation of the provisions of this subsection 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.

(6)

No accessory structure having living quarters shall be permitted, except an approved affordable accessory apartment created pursuant to § 255-11-63. An accessory structure (other than an affordable accessory apartment or a pool house of no more than 200 square feet in gross floor area) which includes kitchen facilities of any type described in Subsection A(2) or which contains a bathroom, shower or plumbing facilities (with the exception of an approved artist's studio having only a sink) shall be deemed to be in violation of this section. The interior and exterior of the residence shall be designed for use by a single family, and, except in cases where an affordable accessory apartment is created pursuant to § 255-11-63 and Article V hereof, there shall be no facilities providing for the independent occupancy of a second family. A violation of the provisions of this subsection 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.

[Amended 12-1-2016 by L.L. No. 49-2016]

(7)

There shall be no more than one electric meter servicing the residence except during the period of existence in the residence of an approved affordable accessory apartment or of a home office or home occupation requiring a second such meter.

(8)

The width of an enclosed hallway, breezeway or other design that functionally separates living space in a single-family dwelling must be equal to or greater than 1/2 its length.

[Amended 10-19-2015 by L.L. No. 35-2015]

(9)

Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m²) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m²) of floor area for each occupancy thereof. Bedrooms having a sloped ceiling over all or part of the room shall have a clear ceiling height of at least seven feet over not less than 1/2 of the required minimum floor area and only those portions of the floor area with a clear ceiling height of five feet or more shall be included in calculating the floor area of such bedroom. A violation of the provisions of this subsection 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.

(10)

The gross floor area of a single-family residence may not exceed 10% of the lot area plus 1,600 square feet. See § 255-11-10, III Residence Districts - Table of Residential Regulations, Parts I and II. Lots created pursuant to Chapter 193, Open Space Preservation, are not subject to the foregoing provisions upon submission of sufficient proof verifying that the lot was created pursuant to Chapter 193 but must meet the requirements of § 255-11-10, Table III (building coverage). Notwithstanding any prior provision to the contrary, no single-family residence may exceed 20,000 square feet. For lots with more than one single-family residence, the maximum gross floor area shall apply to the aggregate of all single-family residences on the lot.

[Added 7-8-2008 by L.L. No. 12-2008; amended 1-5-2017 by L.L. No. 3-2017[1]; 8-17-2017 by L.L. No. 31-2017]

[1]

Editor’s Note: This local law also provided for temporary exemptions as follows:

“Notwithstanding any other provision of this Local Law, parcels of land that have met one of the following requirements by December 15, 2016 shall be exempt from meeting the provisions of this local law:

1) An application submitted to the Building Department for a Building Permit requiring no other Town Approvals.

2) A valid building permit.

3) An application involving a single family residence submitted to the Zoning Board of Appeals, Planning Board or Architectural Review Board.

4) An approval from the Zoning Board of Appeals, Planning Board or Architectural Review Board.”

§ 255-11-68 Termination of certain nonconforming uses in single-family residences.

Notwithstanding any other provision of this chapter, no later than six months after the effective date of this section, any existing use of or in a single-family residence, which use is identified as a prohibited use in § 255-11-64A through G hereof, shall be discontinued and terminated, and such use shall not thereafter be further continued or resumed.

§ 255-11-70 Supplemental dimensional regulations.

The following sections contain dimensional regulations not contained in the Dimensional Table of § 255-11-10.

§ 255-11-71 Interpretation of setbacks.

In order to avoid undue crowding and the loss of open space, vegetated areas, rural community character and privacy, the Dimensional Table of § 255-11-10 establishes required setbacks for all buildings and structures on lots. However, no provision of this chapter shall be construed to prohibit in required yard (setback) areas of any lot such paved driveways or walkways as may be necessary to connect on-site parking areas, garages or building entrances to the street. Further, no such provision shall be deemed to prohibit the location in required yards of otherwise lawful berms, fences, walls, signs, landscaping, plantings, turf or sod or to prohibit the otherwise lawful parking or storage of cars and boats in required yards.

§ 255-11-72 Height.

Determination of height. The height of any point on a building or structure shall be the vertical distance from such point to the natural ground elevation directly beneath the point whose height is being measured. The height of a building or structure shall be the height of the highest point thereof.

Limitation on maximum height. Except as provided for in Subsections C and E of this section, no part of any building or structure shall exceed the maximum height permitted for the same by the Dimensional Table.

Gabled roof. Where such Dimensional Table lists a height for a gabled roof greater than the figure listed as the otherwise permitted maximum height of the building, the peak of such gabled roof may have a height up to, but no greater than, the higher figure listed. Only such gabled roof, and those parts of the building covered or directly overlain by it, shall be at levels higher than the applicable maximum height listed in the table, and no other point on the building shall exceed such ordinary maximum height. Further, the highest plate or bearing point for rafters at the eaves shall not exceed such listed maximum height.

Pyramid law.[1] Except on lots in any Central Business District, all buildings and structures on any lot in any district must be set back from all property lines so that the height of any point of the building or structure is not greater than the horizontal distance of the point from an imaginary vertical line (the "measurement line") drawn upwards from the nearest property line to the building at that location. The height of each point shall be measured from the elevation of the natural grade at the measurement line. Notwithstanding any language in this subsection, the maximum height limitation for a building or structure in § 255-11-10 hereof shall not be exceeded at any point unless the structure is one exempted from such maximum height limit by Subsection E hereof.

[Amended 6-14-2001 by L.L. No. 11-2001]

[1]

Editor's Note: See illustration for § 255-11-72D, Typical Elevation View Showing Control of Height of Building included as an attachment to this chapter.

Exceptions.

[Amended 8-16-1985 by L.L. No. 8-1985, 7-1-1988 by L.L. No. 4-1988]

(1)

The height limitations for buildings and structures listed in the Dimensional Table of § 255-11-10 shall not be deemed to apply to a wind energy conversion structure approved by the Town Board pursuant to Chapter 249 of this Code nor to church spires, chimneys, flagpoles, radio or television transmission towers and antennas, telephone poles, radio and television aerials or their supports; provided, however, that in residential districts any such structure, with the exception of chimneys, shall be set back from any property line in relation to its height so as to comply with Subsection D hereof. A chimney, as the same is defined herein, may be greater in height than its setback from any property line; provided, however, that the portion of the chimney which so exceeds in height the distance between the base of the chimney and the property line shall not have dimensions greater than 30 inches in depth and 60 inches in width.

[Amended 11-16-1990 by L.L. No. 17-1990]

(2)

Notwithstanding any other provision in this chapter to the contrary, for residences lawfully existing on January 1, 1985, and having a height in excess of the height limits specified in the Dimensional Table for nongabled roofs, the height limit for any addition or improvement made thereto shall be a height equal to the highest point of the roof of such building at that date; provided, however, that in no case shall the applicable gabled roof height shown in the Dimensional Table be exceeded.

(3)

A residential building or structure with a gabled roof having a maximum height at the peak of up to 35 feet may be permitted by the approval of the Architectural Review Board only if:

(a)

The proposed residence having such a height at the peak fully meets the standards and criteria set forth in § 255-7-60 of this chapter and is consonant with the purposes set forth in § 255-7-10.

(b)

The building lot or parcel upon which the proposed residence is to be constructed has a minimum lot area of 60,000 square feet.

(c)

The horizontal setback from all property lines called for in Subsection D hereof (Pyramid law) is doubled so that the height of any point of the building or structure is not greater than 1/2 the horizontal distance measured from that point to an imaginary vertical line drawn upwards from the property line closest to the building at that location.

(d)

The owner covenants that the parcel upon which the building or structure utilizing the greater height allowance of this subsection is built will not be the subject of any future subdivision or lot line modification which would defeat the lot area or setback requirements of Subsection E(3)(b) and (c) above.

§ 255-11-74 Other setbacks and height restrictions.

Scenic or conservation easements. Where the erection of structures is forbidden on any part of any lot by a recorded scenic or conservation easement running in favor of the Town, all buildings and structures, except for fences, shall be set back at least 10 feet from the boundary of any such scenic or conservation easement area.

[Amended 11-15-1996 by L.L. No. 19-1996]

Height restrictions on corner lots. In order to preserve sight lines for traffic, on corner lots in residential use districts all hedges and other plantings, as well as berms, walls and other structures, shall be kept below a height of 2 1/2 feet above the average street level within an isosceles triangle having thirty-foot sides along each street frontage.

[Amended 11-15-1996 by L.L. No. 19-1996]

Rear lots on streets. When a rear lot line is also a street right-of-way line, the required rear yard setback for an accessory building or structure shall be double the required rear yard setback in the applicable district.

Setback in Central Business Districts.

[Added 7-16-2015 by L.L. No. 26-2015]

(1)

As part of a site plan application, pursuant to Article VI herein, the Planning Board may require new or reconstructed buildings located in the Central Business District to have a setback of up to 20 feet where the Board finds any of the following:

(a)

The location of adjoining and nearby buildings is set back farther than 10 feet from the front yard property line.

(b)

A larger setback is consistent with the existing streetscape.

(c)

A ten-foot front yard setback would allow the building to appear massive as to overwhelm or stand out from the existing streetscape.

(2)

A 3D photo simulation of the proposed building with the adjoining properties may be required, at the discretion of the Planning Board, to be submitted with an applicant's site plan application to assist the Planning Board in the analysis required pursuant to § 255-11-74D(1) herein.

§ 255-11-76 Frontage.

[Amended 5-7-1993 by L.L. No. 10-1993; 11-15-1996 by L.L. No. 19-1996]

The minimum frontage of any lot on a public street and the minimum access width of any lot shall be 20 feet. If frontage is provided by means of a flag strip, access width shall be measured perpendicular to the sides of the flag strip. Notwithstanding this requirement, the Planning Board may approve the creation of a new lot not having such frontage, by subdivision waiver or by open space subdivision after the effective date hereof, if the new lot will have access to a public street by means of a common driveway easement or access easement which is 20 feet or more in width at all points and which easement is the subject of a duly recorded legal instrument which cannot be revoked or terminated without Planning Board approval. To the extent that § 280-a of the New York Town Law requires that a lot directly abut a street and have a minimum frontage of 15 feet thereon, § 280-a is superseded in order to allow access by easement as just described, pursuant to the Town's powers under Article 9, § 2(b)(3) of the New York State Constitution; § 10, Subdivision 6 of the Statute of Local Governments; and § 10, Subdivision 1(ii)a(3), (11) and (14), of the Municipal Home Rule Law.

§ 255-11-80 Supplemental use regulations.

The following sections contain use regulations not contained in the Use Table of § 255-11-10 or elsewhere in this chapter.

§ 255-11-84 Interior accessory uses.

Floor area of certain uses limited. No more than 1/3 of the aggregate floor area of any resort, transient motel, semipublic facility or club shall be used for incidental service, such as restaurants, bars, retail shops, etc. Gasoline sales and motor vehicle repair are prohibited.

(Reserved)

§ 255-11-85 Interior designs.

Mezzanines prohibited in certain buildings. Because of the extreme danger posed to occupants in case of fire, the construction or creation of mezzanines, balconies, storage lofts and other similar areas located between the ceiling of the second story of a building and the roof thereof shall be prohibited after the effective date of this section in all multiple residences, resorts and transient motels. Where such features already exist, they shall not be further occupied or used as habitable or living space after December 31, 1984, and furnishings and other amenities or facilities currently located in such areas which allow their use as living quarters shall be removed therefrom. Thereafter, such areas shall be used only for storage. The Fire Prevention Inspector shall have authority to enforce this section.

(Reserved)

§ 255-11-86 Parking.

Parking prohibited in or under certain buildings. No parking of vehicles shall be permitted in or under any multiple residence, resort or transient motel except with the express written approval of the Town Fire Prevention Inspector, as well as site plan approval for such parking from the Planning Board. The Fire Prevention Inspector shall have authority to enforce this section.

(Reserved)

§ 255-11-88 Additional rules for particular principal and accessory uses.

AGRICULTURE

[Amended 9-17-1993 by L.L. No. 28-1993]

(1)

Principal use. Agriculture shall be considered a principal use on any lot on which it is conducted.

(2)

Minimum lot area. Agriculture may be conducted only on a lot or property comprising two acres or more. Contiguous land owned or leased by the same farmer may be aggregated to satisfy this requirement.

(3)

Agricultural building coverage and total coverage. Building coverage and total coverage of agricultural buildings and structures, including temporary greenhouses, shall be limited as set forth herein:

(a)

The percentage of lot area covered by the ground floor area of agricultural buildings, measured to the outside of the exterior walls, shall not exceed 2% on any lot in any residence district.

(b)

The percentage of lot area covered by the ground floor area of agricultural buildings, measured to the outside of the exterior walls, plus the ground floor area of all other agricultural structures except pervious driveways, shall not exceed 10% on any lot in any residence district.

(4)

Permissible accessory uses. The normal preparation of agricultural products for market, the incidental raising of small numbers of livestock (including poultry) for personal consumption, the incidental raising of small numbers of poultry for the production and on-premises sale of eggs, the incidental repair of agricultural vehicles, equipment and machinery and the on-premises sale of produce at no more than one temporary farm stand shall be permitted as accessory uses, provided that these activities are not separate and distinct businesses.

(5)

Agricultural buildings. No agricultural building may be designed, equipped or used for cooking, living or sleeping purposes. However, agricultural buildings may be equipped with plumbing and toilet facilities necessary for agricultural operations and for the use of agricultural workers.

(6)

Stripping of agricultural soils prohibited. Except as part of a construction project for which all approvals required to be obtained under this chapter have been granted, no topsoil shall be stripped or otherwise removed from any lands in the Town whose soils are in Capability Class I or Class II, as delineated in the United States Department of Agriculture's Soil Survey of Suffolk County, New York. See also § 255-3-35D.

[Added 11-15-1996 by L.L. No. 19-1996]

ARTIST'S STUDIO

[Amended 3-16-1990 by L.L. No. 3-1990; 10-6-2006 by L.L. No. 25-2006]:

(1)

An artist's studio, as defined in § 255-1-20, shall not contain more than one story which may be situated above a garage or other conforming accessory structure, shall not be of greater height together with any ground level garage or other conforming accessory structure than such residence and shall not have a gross floor area greater than:

(a)

The gross floor area of the ground floor of the residence;

(b)

An area equal to 5% of the area of the lot; or

(c)

Two thousand five hundred square feet, whichever is lesser.

(2)

An artist's studio may have a sink or sinks, but shall have no bath, shower, toilet or other plumbing of any kind and shall not contain any kitchen appliances, but may have a microwave and coffee maker.

(3)

No artist's studio shall be constructed, moved onto or otherwise brought into being on any residential property nor shall any building permit be granted therefor nor shall the same be put to use unless and until the Town Board shall have:

(a)

Reviewed and accepted an application filed by the individual which shall enable the Town Board to evaluate the applicant's degree of commitment to his/her fine art form which is professional in nature, establishes both his/her serious, consistent commitment to the arts and current engagement in his/her art form on an ongoing basis. Hobbyists and others for whom fine arts is not their primary professional work are generally ineligible. The following information must be included with the application, with no single element serving as a deciding factor:

[1]

A description of the applicant's art form;

[2]

A professional fine arts resume pertinent to the applicant's work which may include educational background, professional training, public exhibitions, critical reviews, grants and awards;

[3]

Documentation appropriate to the applicant's particular art form which should reflect a body of work, including recent work, which may include, but is not limited to, photographs of his/her work, exhibition announcements and catalogue reviews; and

[4]

Three letters of reference attesting to the artistic nature of the applicant's work.

(b)

Accepted a duly executed and recordable instrument, in a form acceptable to the Town Attorney, establishing covenants and restrictions as set forth herein.

(4)

No building permit shall be issued for an artist studio until such application has been approved by resolution by the Town Board pursuant to Subsection (3) above; and the Building Inspector has received proof that the owner/applicant has recorded the covenants and restrictions in the office of the Suffolk County Clerk. The covenants and restrictions must provide that:

(a)

The studio shall not be rented or sold to any person for any purpose, except as part of a rental or sale of the entire property.

(b)

The structure shall not be used at any time for sleeping or living purposes.

(c)

The studio shall be used only for painting, drawing, sculpting or other similar activities involving the crafting or manipulation of materials into objects of fine art by one or more members of the family of the owner or tenant of the residence located on the property.

(d)

In the event that the studio is not, cannot or will not be employed for the purpose or use set forth herein for more than six months, the artist, or a representative thereof, must notify the East Hampton Town Building Department in writing. At the request of the artist, the Town Board may permit a studio use to remain vacant for more than six months upon a finding of extenuating circumstances based upon information attested to by the approved artist. Absent that finding, either the new artist occupying the studio must submit an application pursuant to Subsection (3) herein or such studio shall be removed from the property or demolished, or the plumbing existing therein removed, and such studio, if oversized, shall be reduced to a conforming size and put to a conforming use, at the sole expense of the property owner.

(e)

There shall be no commercial exhibits of art open to the public on the property and no additional parking may be constructed on site to service the studio, except those exhibits that are a part of an organized and advertised tour of artist's studios.

(f)

The owner or renter of the property hereby consents to an annual inspection of the artist studio upon reasonable notice by the Building Department or the Ordinance Enforcement Department for compliance with these provisions and may also be subject to inspection upon reasonable notice by Code Enforcement as part of an investigation in response to a complaint.

(g)

All applicable rules and regulations in the Town Code, as the same may from time to time be amended, regarding such studios and their uses shall at all times be adhered to.

(h)

Failure to comply with any artist studio restriction may subject the owner or tenant to the penalties contained in the East Hampton Town Code.

(5)

Upon conviction for one violation for having converted the artist's studio into living quarters, the Building Inspector, upon certification of those convictions, must either revoke the certificate of occupancy issued for the artist studio and refer the matter to the Zoning Board of Appeals for proceedings consistent with § 102-15B; or refer the matter to the Town Board to seek the revocation of the certificate of occupancy issued for the artist studio through New York State Supreme Court. The Building Inspector must require that the artist studio be removed, demolished or converted to a conforming use within a time period specified by the Building Inspector. An application to reinstate the artist studio may not be made for a period of five years following revocation of the certificate of occupancy.

BAR OR TAVERN AS ACCESSORY TO A RESORT OR TRANSIENT MOTEL

[Added 7-2-2015 by L.L. No. 23-2015]

(1)

A bar or tavern established as an accessory use to a resort or transient motel shall be prohibited in all residential districts.

(2)

A bar or tavern established as an accessory use to a resort or transient motel shall meet all the provision of the definition of a "bar" or "tavern" pursuant to § 255-1-20 of this chapter, except as provided herein.

(3)

The accessory bar or tavern use may be operated only if the principal resort or transient motel use is active and in use.

(4)

Said accessory use shall not be construed to include or permit any form of a nightclub or other form of entertainment establishment.

(5)

Music and entertainment may be permitted only pursuant to a permit issued as provided by Chapter 117 of this Code, except outdoor music shall be prohibited at all times, unless a permit is issued pursuant to Chapter 151 of the Town Code.

(6)

The limitations and requirements set forth in this section shall not apply to legally preexisting bar or tavern uses.

BOATYARD

(1)

All major and minor repairs to recreational vessels and commercial fishing vessels are permitted, and commercial fishing dockage, warehousing, outdoor storage and similar accessory uses are also permitted, unless a specific use is limited by the Planning Board during site plan review as incompatible with existing adjacent uses or the environment.

(2)

Indoor or outdoor storage of boats is permitted, but outdoor storage, as well as the accessory uses listed in the preceding subsection, shall be located at least 50 feet from any adjacent residential property.

(3)

Boatyard waste products, such as oil, grease, fuel, cleaning fluids and compounds, and waste rags shall be stored in watertight containers and disposed of off site as prescribed by the Town, and a management plan for compliance with the above shall be required.

(4)

Fuel storage tank installation shall be set back from the shoreline as far as practicable, and all tanks shall be of material which resists rust, corrosion, puncture and other failures which could cause leakage and contamination of wetlands and surface waters.

(5)

In addition to the above, the specific requirements contained in the section for marinas shall also apply to boatyards.

CAR WASH, MINOR

[Added 12-2-1994 by L.L. No. 13-1994]

(1)

A minor car wash is permitted only as an accessory use to a filling station, repair garage or motor vehicle salesroom and lot which is not a prohibited use in the use district in which it is located.

(2)

The establishment of a minor car wash shall require site plan review and approval by the Planning Board, regardless of whether the same is otherwise required by the provisions of Article VI of this chapter. In approving a minor car wash, the Planning Board shall have power to allow a greater percentage of lot coverage than is otherwise permitted by the regulations governing the particular use district. In any such case, however, the Planning Board may only relax lot coverage restrictions if doing so will not cause a detriment to neighboring properties, if adequate buffers are provided for streets and neighboring properties, and if adequate provision is made for the collection and recharge of stormwater runoff.

(3)

Adequate space shall be provided on the lot to allow for on-site parking of all vehicles associated with the principal and accessory uses of the lot.

(4)

One or more "queuing" lanes shall be provided on the lot to accommodate all vehicles awaiting filling, washing or other service without backup onto public or private streets or adjacent property.

(5)

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.

DISH ANTENNA

[Amended 8-16-1985 by L.L. No. 8-1985]

(1)

Dish antennas (including satellite earth stations) having any linear dimension or diameter of six feet or greater shall in all cases require a building permit. All other approvals required under this chapter in connection with the granting of a building permit on the particular property shall also be obtained.

(2)

In residential districts, no building permit shall be issued for a dish antenna until approval has been granted for the installation by the Architectural Review Board. Whether or not of a size requiring Architectural Review Board approval, all dish antennas located in residential districts shall meet the following standards:

(a)

No dish antenna shall have a diameter greater than 10 feet (or three meters) and, when installed, no part of a dish antenna shall be at a point higher than 12 feet above natural grade.

(b)

Dish antennas shall be sited so as to meet the setbacks for accessory structures applicable to the district in which the property is located and shall comply with § 255-11-72D, Pyramid law, and § 255-11-74, Other setbacks, of this chapter. Section 255-11-72E, Exceptions, shall not apply to dish antennas in residential districts.

(c)

No dish antenna greater than four feet in diameter shall be located on the roof of any building or structure; such antennas shall be sited only on the ground and shall be securely anchored thereto.

(d)

The materials used in the construction of the antenna shall not be unduly bright, shiny, garish or reflective. The dish antenna, if of solid (rather than mesh) construction, shall be primarily tan, beige or other similar neutral color. White or silver solid-dish antennas shall not be permitted.

(e)

The location chosen for installation of a dish antenna shall be that otherwise practical position on the lot which most reduces the visual impact, annoyance and distractive influence on surrounding residential properties or adjacent streets.

(3)

Consistent with the need to achieve adequate signal reception by the proposed dish antenna, applicants before the Architectural Review Board shall demonstrate to the Board that they have attempted to fully screen the proposed dish antenna from view from all such neighboring locations by proper placement of the antenna, the use of screening or other reasonable means. The Architectural Review Board may deny permission to site a dish antenna at any location on a lot where the antenna cannot be at least partially screened or where the Board determines that the antenna will be particularly noticeable or visually obtrusive to nearby residents or to passersby.

DRIVEWAYS, GATES, PILLARS AND OTHER OBSTRUCTIONS

[Added 6-17-2010 by L.L. No. 5-2010]:

(1)

On all residential properties upon which a building permit is issued for construction of a new residence or for the substantial expansion of an existing residence, as the same is defined in this chapter, driveways shall have a minimum clearance, in height and width, free of all obstacles and impediments, including but not limited to gates, pillars, fences and woody vegetation, of 14 feet in width and 12 feet in height in order to permit entry by fire-fighting apparatus and other emergency vehicles. In addition, on residential properties on which any dwelling structure is located more than 75 feet or more from the edge of the improved right-of-way from which access is taken, driveways shall have a minimum clear width of 20 feet for the first 35 feet of the driveway, as measured from the edge of the improved surface of the street or right-of-way, and thereafter shall be maintained a minimum clear width of not less than 16 feet for the full remaining length of the access. This requirement is in addition to the requirements set forth in Chapter 220, Article XIV, "Design Criteria," and any provision thereof which is more restrictive than that set forth herein shall prevail.

(2)

No plantings or obstructions shall be placed within any Town highway right-of-way.

FERRY TERMINAL, PASSENGER

[Added 12-18-1997 by L.L. No. 40-1997]:

(1)

Special permit required. No person shall construct, commence to use or substantially expand a passenger ferry terminal nor commence any passenger ferry service, without having first obtained a special permit pursuant to Article V hereof which specifically authorizes the proposed use and approves the onshore terminal facility to be employed.

(2)

Vessel limitations. No ferry which has more than two-thousand installed horsepower and the capability of traveling at a speed in excess of 20 knots nor any vehicle ferry of any description shall dock at or otherwise make use of any passenger ferry terminal or be allowed to dock at or make use of such facility, except in case of emergency.

(3)

Determination of ferry passenger capacity. The Building Inspector shall determine and at all times keep a record of the ferry passenger capacity of every passenger ferry terminal within the Town. In his file for each such terminal, he shall record and keep all documents or other materials or information forming the basis for his determination of the terminal's then-current ferry passenger capacity.

[Added 2-9-1999 by L.L. No. 6-1999]

FORMULA BUSINESS

[Added 9-18-2014 by L.L. No. 32-2014]:

(1)

Special permit required. No person shall construct, commence to use or expand a formula business without first having obtained a special permit after a public hearing pursuant to Article V hereof which specifically authorizes the proposed use.

(2)

In addition the findings in § 255-5-40G, an applicant seeking a special permit shall submit a traffic study with specific information requested by the Planning Board. The Planning Board shall have the authority to waive this requirement.

FUEL TANKS; FUEL DISPENSERS; HAZARDOUS MATERIALS STORAGE FACILITIES

[Added 4-21-1989 by L.L. No. 2-1989]:

(1)

The demolition, removal or replacement, pursuant to Article 12 of the Suffolk County Sanitary Code, of existing fuel tanks, fuel lines, fuel dispensers or other existing hazardous toxic storage facilities shall require a building permit that shall be subject to the review and approval of the Natural Resources Department and the Office of Fire Prevention.

(2)

The removal of fuel and fuel-contaminated soils shall be overseen by the Department of Natural Resources. All contaminated materials shall be removed by a licensed hauler to be properly disposed of at a site determined by the Natural Resources Department.

(3)

All replacement tanks installed at marinas shall be sited as far back from the water as possible, provided with adequate fuel catchment, if sited above ground, and properly marked as a fuel storage area in a manner prescribed by the Office of Fire Prevention.

(4)

All marina dockside fuel dispensers shall be limited to two dispensing areas. A curtain boom of sufficient length to encircle each dispensing area shall be maintained on site.

(5)

No approvals of any Board or Town agency, including building permits and certificates of occupancy, may be issued to any property or operator of any facility that is not in compliance with the provisions of this section or the provisions of Article 12 of the Suffolk County Sanitary Code.

ICE RINK: The conversion of a private, preexisting legal playing court to a seasonal tier two ice rink for private use is prohibited.
[Added 8-18-2005 by L.L. No. 25-2005]

MARINA: All the regulations set forth in § 255-5-50, Marina, Recreational, shall be applicable to marinas.

MOBILE HOMES

[Amended 4-14-2005 by L.L. No. 12-2005]:

(1)

Mobile homes may be sited or installed only in authorized mobile home communities and only upon those sites specifically designated for such installations. Any person installing such a mobile home shall make application to the Building Inspector for a building permit authorizing the installation.

(2)

An existing mobile home may be replaced with another mobile home upon issuance of a building permit for such replacement. In the event that the mobile home is located within a mobile home community, the permit shall be issued as set forth in Subsection (4) hereof. All applicable provisions of the Town's Zoning Code shall apply to such replacement unless such provision(s) are expressly waived herein. After installation, the Building Inspector shall inspect the work and confirm in writing that the installation of the mobile home meets the requirements of all applicable New York State laws and codes. The Town Board may, by resolution, set a fee for this permit which differs from that of some or all other types of building permits.

(3)

Mobile homes within a mobile home community may not be replaced with any structures other than mobile homes.

(4)

Permits for the replacement of individual mobile homes within a mobile home community, or the installation of accessory structures for an individual mobile home within a mobile home community, including but not limited to the installation of decks and sheds, may be issued by the Building Inspector upon a determination by the Building Inspector that the application meets the requirements of the codes of the State of New York and the requirements set forth in this section. No site plan approval shall be required for such improvements regardless of the zoning district in which the property is located. Such permits shall be issued only upon a finding by the Building Inspector that:

(a)

The mobile home or the community in which the applicant is located has undergone an inspection by the Building Inspector and/or Fire Marshal within the preceding year and no violations of any laws or regulations relating to the health or safety of the occupants were found to exist on the premises;

(b)

The proposed improvement is intended to and will serve only an individual mobile home and not the community as a whole;

(c)

The proposed improvement does not result in the total building coverage for the mobile home community exceeding a total building coverage of 20% of the lot area. In calculating such coverage, the total lot area of the entire mobile home community shall be compared to the total building coverage of the entire mobile home community even if such community is composed of multiple parcels; and

(d)

The proposed improvement has been approved by the mobile home community in writing.

OUTDOOR DINING AT RESTAURANTS

[Added 6-15-2017 by L.L. No. 17-2017]

(1)

Outdoor dining may only be approved for restaurants that are approved for, and along with, indoor dining unless otherwise contained on a site plan approved by the Planning Board. Outdoor dining is limited only to tables and chairs for the service of restaurant food and beverages incidental to the service of food.

(2)

Outdoor dining is allowed without additional site plan review if the following conditions are met:

(a)

Outdoor seating is limited to 30% of the approved indoor seating capacity (number of seats), with the indoor seating capacity reduced by the outdoor seating so that the total approved seating remains the seating capacity allowed by the site plan or, if no site plan exists, the seating capacity determined by the Fire Marshal as part of the restaurant's place of assembly permit pursuant to § 141-9D(19).

(b)

A seating plan for both indoor and outdoor seating must be filed with the Fire Marshal as part of the restaurant's place of assembly permit pursuant to § 141-9D(19), and the Fire Marshal must approve the location of the outdoor seating as 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.

(3)

Outdoor dining may also be considered in a site plan review pursuant to § 255-6-30B, and in such case outdoor dining need not be limited by 30% of the approved indoor seating but is limited by the property owner's compliance with any increases in site parking requirements or a requirement of approval of the wastewater disposal system by the Suffolk County Department of Health Services. When approval for outdoor dining is permitted pursuant to site plan review, reduction of indoor dining is not necessarily required, but a seating plan for both indoor and outdoor seating must be filed with the Planning Board.

PLAYING COURT: The setback required from any property line for a playing court on any lot shall be twice that required by § 255-11-10 for an accessory building located on such lot, but in no case shall such required setback be less than 50 feet where the adjacent lot is a residential property.
[Amended 7-7-2000 by L.L. No. 14-2000]

RESTAURANT AS ACCESSORY TO A RESORT OR TRANSIENT MOTEL

[Added 7-2-2015 by L.L. No. 23-2015]

(1)

A restaurant established as an accessory use to a resort or transient motel shall be prohibited in all residential districts.

(2)

A restaurant established as an accessory use to a resort or transient motel shall meet all the provisions of the definition of a "restaurant" pursuant to § 255-1-20 of this chapter, except as provided herein.

(3)

The accessory restaurant use may be operated only if the principal resort or transient motel use is active and in use.

(4)

Said accessory use shall not be construed to include or permit any form of a nightclub or other form of entertainment establishment.

(5)

Music and entertainment may be permitted only pursuant to a permit issued as provided by Chapter 117 of this Code; however, no (amplified) outdoor music shall be permitted at any time, unless a permit is issued pursuant to Chapter 151 of the Town Code.

(6)

The limitations and requirements set forth in this section shall not apply to legally preexisting restaurant uses.

SPECIAL HISTORIC LANDMARKS

[Added 12-7-2017 by L.L. No. 44-2017]

(1)

Special historic landmark properties shall be permitted one accessory dwelling unit use.

(2)

The combined gross floor area for the principal building and the accessory dwelling unit shall not exceed the maximum gross floor area for a single-family residence on the lot pursuant to § 255-11-10.

(3)

The accessory dwelling unit shall have a maximum of four bedrooms and a maximum gross floor area of 40% of the allowable gross floor area for the property, or 3,500 square feet, whichever is less.

SUBDIVISIONS: In order to foster the rural appearance of residential areas of the Town, the road entrances to real estate subdivisions may be marked only by one identification (business) sign approved by the Architectural Review Board as provided for in this chapter. Additional signs, as well as berms, fences, walls, checkpoints, gates, guardhouses and other structures of any kind serving to identify, distinguish, isolate or separate the subdivision from surrounding properties shall be prohibited. Signs advertising the sale or rental of individual lots in the subdivision shall be located only on the particular lot and not at the entrance to the subdivision.

SUBDIVISION MAP LOTS: Notwithstanding past practice or any former zoning or district classifications or special rules regarding the use of lots lying in old filed, filed, urban renewal or other previously approved subdivision maps, all lots and all uses, buildings and structures on any lot located in any such subdivision map shall henceforth conform to all use and dimensional regulations of this chapter applicable to the use district in which the lot is located, including, where necessary, the relief provisions for nonconforming lots of § 255-1-43 hereof. This provision shall not be deemed to limit the authority of the Town Board to prohibit the subdivision of lots or alteration of lot lines of maps within an urban renewal plan except in conformity within the urban renewal plan duly adopted and amended by the Town.[1]
[Amended 8-16-1985 by L.L. No. 8-1985; 5-7-1993 by L.L. No. 9-1993]

TAKE-OUT FOOD STORE

[Added 6-15-2017 by L.L. No. 15-2017]

(1)

Outdoor seating shall be limited to the premises. No seating shall be located off-premises, on any sidewalk or walkway, unless authorized by a Town Board resolution.

(2)

A take-out food store shall not be a permitted as a second principal use on a property with a transient motel or resort use or as an accessory use to a transient motel or resort. This code section shall not apply to a transient motel or resort with a restaurant.

TRANSIENT MOTEL

(1)

There shall be no less than 3,630 square feet of lot area devoted exclusively to the motel use for each motel unit.

[Amended 8-16-1985 by L.L. No. 8-1985]

(2)

The maximum habitable floor area of any dwelling unit shall not exceed 600 square feet, and the minimum shall be 325 square feet. The average such area for all units on the site shall not exceed 450 square feet.

(3)

The units, and the entire facility, shall strictly adhere to the description of a transient motel in Article I hereof, and cooperative, condominium and other similar types of ownership and use of the facility, or of units therein, are forbidden.

(4)

All units shall be in multiple-unit structures, and the site shall not be subdivided for the purpose of creating individual lots or sites for the creation of single-family residences or units.

(5)

There shall be expanded site plan review for this use:

(a)

During the course of its review as a part of site plan review, the Architectural Review Board shall review the design, scale and appearance not only of particular units or structures, but also of the entire facility, especially with regard to its overall compatibility with present and potential uses of adjacent properties and structures, and with the character of the neighborhood generally. The Review Board shall approve only facilities whose design and scale are found to be so compatible.

(b)

The Planning Board shall review the site plan to ensure the installation of adequate sanitary waste disposal and water supply facilities and the maintenance of same. Such facilities must be designed so as to protect the groundwater reservoir from pollution, avoid saltwater intrusion into the aquifer on or off the site and not result in excessive water demand detrimental to neighboring properties or the environment. Approval of proposed sewage disposal and water supply facilities by any other governmental agency shall not in itself be deemed to compel the Planning Board to find that the requirements of this subsection have been met, unless the Board shall find that the environmental and community water supply protection goals of this section and this chapter have actually been achieved by such approval. Also, the Board may condition site plan approval on additional reasonable requirements beyond those which may have been called for by other governmental agencies having jurisdiction.

(c)

The size, scale or configuration of a proposed motel must be found not to:

[1]

Create an undue increase in traffic congestion on adjacent and nearby public streets or highways.

[2]

Create, or increase levels of, soil erosion by water or wind on or near the site.

[3]

Create or expand a floodplain area or increase the danger to public safety by flooding in any such area.

[4]

Decrease or destroy the fertility of the land, particularly of agricultural lands or wetlands, if the same are involved or likely to be affected or give rise to any long-term risk to the fertility of such lands.

[5]

Cause or lead to the pollution of harbors, creeks, bays or other productive water bodies on or off the site.

(d)

All intensive outdoor activities planned for the site shall be capable of being located on the property such that each of the same, together with the noise and other effects generated thereby, 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.

(e)

Outdoor lighting shall be contained on the site, and in order to assure that light sources are not visible from neighboring lots, no such source shall be more than 10 feet above the ground level underneath it.

(f)

There shall be no outdoor public-address or music system audible beyond the limits of the site.

(g)

The Planning Board shall condition site plan approval upon compliance of the proposed transient motel or addition thereto with all of the above conditions, as well as with all provisions of the State Environmental Quality Review Act and Chapter 128 of this Code.

UNDERWATER LAND

(1)

Except where forming part of a lot which includes upland on which a lawfully existing marina, recreational marina or boatyard is operating, the uses of underwater land shall be confined to those permitted by this article on lands in Park and Conservation District.

(2)

Coastal structures shall in all cases be permitted only as accessory uses to the use located on the upland portion of the same lot.

(3)

In all cases, no use of underwater land shall be commenced until a natural resources special permit, or other applicable special permit or approval necessary for the use, shall first have been issued. This subsection shall not be deemed to apply to hunting, fishing and shellfishing for which all necessary licenses, if any, have been obtained.

[Amended 12-18-1997 by L.L. No. 38-1997; 2-10-1998 by L.L. No. 6-1998]

(4)

Subdivision of underwater land shall be controlled by the Planning Board pursuant to provisions of Chapter 220 of this Code. No subdivision shall be permitted except as part of a proposal (including an upland development plan) to return some or all of the privately owned underwater land to be subdivided to public ownership or to permanently prohibit by recorded instrument the development of such underwater land. In no case shall any new privately owned underwater lot not adjacent to a commonly held upland property be permitted to come into existence through any such subdivision.[2]

WINERY

[Added 3-15-1996 by L.L. No. 2-1996]:

(1)

Vineyard and grape production. No building permit shall be issued for a winery approved pursuant to this article unless and until at least 10 acres of wine grape vines have been planted and established on the winery site or on the arable lands contiguous thereto. Within seven years of the issuance of the certificate of occupancy for the winery, at least 1/3 of the grapes used to produce the wine which is bottled in the winery shall be grown on the winery premises or the arable land adjacent thereto. At all times, at least 75% of the grapes used to produce wine in the winery shall be grown in Suffolk County, New York.

(2)

Annual affidavit of compliance required. The owner of every winery (including the adjacent premises containing the vineyard) shall file with the Town Clerk and with the Building Inspector, on or before March 31 of each year, an affidavit affirming that during the preceding calendar year (January through December) the winery has complied with the growing and productions regulations set forth in the preceding subsection. The form of this affidavit shall be acceptable to and approved by the Town Attorney.

(3)

Tours and tastings. Tours and tastings, as defined herein, shall be considered permitted accessory uses to a winery.

(4)

Special event tours and tastings. Special event tours and tastings, as defined herein, shall be considered permitted accessory uses to a winery only to the extent that they comply with the following limitations: special event tours and tastings shall be limited to a maximum of three such events per calendar year, with one such event permitted during the period from July 1 through and including August 31 in each calendar year; and the remaining two such events permitted during any other month of the year, so long as the events are not held within 30 days of each other. The winery owner shall obtain any and all necessary permits to hold such including a permit from the Town Clerk pursuant to Chapter 151 of the Town Code, as the same may be amended from time to time. No entertainment or amplified music shall be permitted outside the winery buildings. No winery may hold any special event tours and tastings unless parking for the same has been provided as required herein.

(5)

Coverage limitations. Notwithstanding any other provision of this chapter which may be to the contrary, the lot area of the entire contiguous tract of land comprising the winery and associated vineyard may be employed in calculating building coverage and total lot coverage for a winery. Such coverage restrictions shall be those applicable to agricultural buildings and structures under Subsection (3) of § 255-11-88 (AGRICULTURE) hereof, although a winery shall not be deemed an agricultural building or structure for the purposes of this chapter.

(6)

Water Recharge Overlay District. No winery shall be established within the Water Recharge Overlay District.

(7)

Parking. At least one parking space shall be provided for every 1,500 square feet of the gross floor area of the winery buildings. One additional parking space shall be provided for every 130 square feet of area included in the tasting room, or, for every two seats of seating capacity provided in the tasting room, whichever is greater.

(8)

Overflow parking. If a winery proposes to hold special event tours and tastings, as defined herein, improved or unimproved overflow parking for at least 50 cars shall be provided on site, and site plan approval of the same shall be obtained from the Planning Board. In any case, no special event tours and tastings may be held at a winery unless said overflow parking has been provided as required herein.

[1]

Editor’s Note: Swimming pool, as amended, which immediately followed this use, was repealed 7-7-2016 by L.L. No. 21-2016.

[2]

Editor's Note: The subsection which immediately followed this subsection, Uses Listed in § 255-5-50, was repealed 1-16-1997 by L.L. No. 2-1997.

§ 255-11-89 Additional requirements for accessory structures and uses of swimming pools.

[Added 7-7-2016 by L.L. No. 21-2016]

For the purposes of this section, the following definitions shall apply:

AUXILIARY LOAD: An additional feature on a pool, typically a water feature or automatic cleaning system, which is powered by a separate pump and does not run for the same duration as the main filtration pump.

MULTISPEED PUMP: A pump, whether two-speed or variable, designed for operating at two or more speeds.

POOL COVER: A solar blanket, also known as a "bubble cover," an automatic cover that utilizes vinyl or similar material, or a winter cover that is sized to at least cover the entire surface area of a pool.

SINGLE-SPEED PUMP: A pump designed to operate at one speed.

TWO-SPEED PUMP: A pump designed for operating at two speeds, typically high and low.

VARIABLE-SPEED PUMP: A pump that is programmable to operate on more than two speeds. Hours of operation at the various speeds are able to be programmed directly on the pump and/or through an automatic control system.

No swimming pool shall be constructed until a building permit shall have been issued therefor. No swimming pool shall be filled with water until the pool structure shall have been completely enclosed in accordance with the provisions of this subsection, which fencing shall have been inspected and approved by the Building Inspector as being in compliance herewith. Pumps shall be enclosed on all four sides (top may be unenclosed) in order to prevent noise, sound or vibration caused by the heater and/or pump from crossing property lines.

Pool fencing. Every swimming pool shall be completely and securely enclosed with a fence or wall (which may include the wall of a building), every part of which enclosure meets the requirements of the Uniform States Fire Prevention and Building Code and in particular satisfies the following requisites:

(1)

The enclosure shall be no less than four feet in height at any point;

(2)

It shall be completely covered from its top to within three inches of the ground with a material having no openings wider than three inches;

(3)

It shall be of sufficient strength to support a weight of at least 250 pounds; and

(4)

Any gates with which such enclosure is provided shall satisfy the foregoing requirements and shall be equipped with spring locks which open only from the inside of the enclosure and which are capable of being locked with a padlock or key lock.

Dry wells and discharge of pool water. Every swimming pool shall be equipped with one or more dry wells into which any water discharged from the pool is directed. In no case shall water from a swimming pool be drained, decanted or discharged directly or indirectly into any wetlands, onto the face of any bluff, or into any street.

Pool setbacks. Every swimming pool, together with any pool decks (including pool patios or slabs of any type) and pool equipment, shall be set back from any side or rear property line a distance which is twice that required by the provisions of § 255-11-10 for an accessory building or structure on the subject lot.

Survey and staking. No swimming pool or pool deck may be constructed and no building permit may be issued for construction of such pool or pool deck, until and unless the location of the pool and pool deck on the lot has been staked by a licensed surveyor and this location has been certified by the surveyor to conform to the locations of these structures shown on the guaranteed survey required by Subsection G hereof. These requirements shall not apply to a portable swimming pool, as defined herein,[1] but shall apply to any deck or patio constructed in connection with a portable swimming pool.

[1]

Editor's Note: See § 255-1-20 for the definition of "portable swimming pool."

Guaranteed survey, certification and plans. Prior to the issuance of a building permit for the construction of a swimming pool or pool deck, but not a portable swimming pool, the applicant for the permit shall supply the Building Inspector with:

(1)

A guaranteed survey showing the dimensions of the property and setting forth the locations of the proposed swimming pool and pool deck, the dimensions thereof and the distance of the proposed swimming pool and pool deck from all property boundaries, easements (if any) and other structures.

(2)

A certification from a licensed surveyor indicating that the locations of the proposed swimming pool and pool deck have been staked on the lot in accordance with the proposed locations of these structures set forth on the guaranteed survey just described.

(3)

Construction plans for the swimming pool which demonstrate that it will meet the fencing and dry well requirements of Subsections C and D above.

Energy conservation construction standards.

(1)

All pools constructed or reconstructed after September 1, 2016, with more than 500 square feet of surface area or an auxiliary pool load shall be constructed with piping of at least two inches in diameter.

(2)

All pools constructed or reconstructed after September 1, 2016, with less than or equal to 500 square feet of surface area or an auxiliary pool load shall be constructed with piping of at least 1 1/2 inches in diameter.

(3)

All pools constructed or reconstructed after September 1, 2016, shall have a length of pipe without bends or turns that is greater than or equal to at least four pipe diameters installed before the inflow to the pump.

(4)

For all pumps installed after September 1, 2016, all multiport valves must be sized to equal the diameter of the pressure side of the pump.

(5)

Directional inlets (hydrostream fittings) shall be a size of 1/2 inch in diameter or greater.

Pumps and controls.

(1)

All pumps and controls installed after September 1, 2016, shall have a time switch or similar control mechanism installed as part of the pool water circulation control system that automatically operates the system for the time necessary to maintain proper sanitary conditions and then automatically turns the system off.

(2)

Shall be set or programmed to run only during off-peak electric demand periods for regular filtration purposes except where the pumps are used for circulating water through a heat exchanger or solar heater.

(3)

All pumps installed after September 1, 2016, shall be of the following type based on pool size:

(a)

For pools with a surface area of less than 500 square feet, a single-speed or two-speed pump of less than or equal to one horsepower or variable-speed pump shall be installed. In the event that a pump is installed on a pool of less than 500 square feet and said pool has an auxiliary load, the pump installed must be a two-speed or variable speed pump.

(b)

For pools with a surface area of 500 to 799 square feet, a multispeed pump shall be installed.

(c)

For pools with a surface area greater than or equal to 800 square feet, a variable-speed pump shall be installed.

(d)

A single-speed pump of less than one horsepower shall be allowed to be installed for the sole purpose of operating auxiliary load(s), provided that the same pump is installed in addition to the properly sized pump and the single-speed pump shall not be used for filtration.

Filters.

(1)

All pool filters installed after September 1, 2016, shall be sized using NSF/ANSI 50 standards based on the maximum flow rate through the filter:

(a)

Cartridge 1.0 gallons per minute per square foot of cartridge;

(b)

Sand, 20 gallons per minute per square foot of sandbed;

(c)

Diatomaceous earth, two gallons per minute per square foot of element area.

Pool heaters.

(1)

All pool heaters installed after September 1, 2016, shall meet the minimum energy efficiency requirements as established by the United States Department of Energy.

(2)

Continuously burning pilot lights shall be prohibited for all pool heaters installed after September 1, 2016.

(3)

Effective September 1, 2016, all heated outdoor pools shall have a pool cover that covers the surface of the pool when not in use.

(4)

The Building Inspector shall waive the building permit fee for the replacement or installation of a pool heater when the pool heater being installed is a solar heating system.

Adherence to Property Maintenance Code.

(1)

All swimming pools must be constructed and maintained in accordance with the appropriate and relevant sections of the New York State Property Maintenance Code.

Penalties for offenses.

(1)

A violation of any of the provisions of this section shall be punishable by a fine of not less than $250 nor more than $1,000 or by imprisonment not to exceed six months, or both.

(2)

Each week, or any portion thereof, shall constitute a separate and distinct violation which shall be subject to the penalties set forth in the preceding subsection.

§ 255-11-90 Violations.

[Added 7-21-2016 by L.L. No. 32-2016]

Failure to comply with the restrictions, regulations, rules and other provisions of this article shall constitute a violation of this chapter subject to the provisions of Article X hereof.