Town of Southold, NY Article XXXIV Recreational Floating Zone District (RFZ)

[Added 4-23-2019 by L.L. No. 3-2019]

§ 280-197 Purpose.

To provide additional wellness and health opportunities within the Town boundaries; the Town Board of the Town of Southold finds that it is necessary to create a Recreational Floating Zone District to develop active recreation opportunities through major recreational facilities in commercial and residential areas located near existing public recreational complexes or facilities that are accessible from arterial roadways.

§ 280-198 Applicability.

Recreational Floating Zone Districts shall be established by the Town Board on parcels of land that have been identified as being appropriate for the location of a major recreation facility. Locations to be considered for the RFZ District may include locations adjacent or reasonably near to an existing public recreational complexes or facilities; and other locations where there has been shown a demonstrable need for recreation facilities.

§ 280-199 Eligibility.

The Recreational Floating Zone District (RFZ) zoning is hereby established as a floating zone with potential applicability to any property which meets the following eligibility requirements:

A. The parcel is a minimum of three acres or 120,000 square feet;

§ 280-200 Boundaries.

The boundaries of each RFZ District shall be fixed by amendment to the official Town Zoning Map as authorized by the Town Board, wherever this district is applied. A metes and bounds description of each such district shall be kept on file in the Office of the Town Clerk.

§ 280-201 Application procedure.

A. A property owner may apply to the Town Board for a change of zone to the RFZ Zoning District by submitting the following to the Town Board:

(1) Five copies of a complete change of zone application;

(2) A brief analysis, in written form, explaining the proposed development concept. The written analysis shall address how the proposal benefits the Town of Southold and how the development will impact the surrounding neighborhood;

(3) Five copies of a conceptual site plan of the proposed development showing: compliance with all lot size, lot coverage, and set back requirements; all proposed buildings and uses on the site; the proposed location and design of parking lots, screening, landscaping, open spaces and recreation areas, proposed architectural features of all buildings; and such other information as the Town Board may determine to be reasonably related to the health, safety and general welfare of the community;

(4) An environment assessment form with completed Part I, and;

(5) The fee as required by § 280-158 of the Town Code.

B. Upon receipt of a completed application, the Town Board shall review the application at a work session and make a preliminary determination as to whether the Board is interested in considering rezoning of the parcel to the RFZ District.

(1) Referral to Planning Board and Parks and Recreation Committee. Upon a determination by the Town Board that it is interested in considering an application for rezoning to RFZ District, the Town Clerk shall refer the application to the Planning Board and Parks and Recreation committee for comment.

(a) The Parks and Recreation Committee shall provide written to comment to the Town Board within 30 days from receipt of the application.

(b) The Planning Board, within 60 days of receipt of the application, shall report its recommendations to the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of the Planning Board review period, whichever first occurs. Review period may be extended by mutual consent of the Planning Board and the applicant.

(2) Planning Board report. The Planning Board, in its report to the Town Board, may recommend: approval of the application; approval with modifications; or disapproval of said application. In the event that the Planning Board recommends disapproval of said application, it shall state in its report the reasons for such disapproval. In preparing its report and recommendations, the Planning Board shall give consideration to: the Town Comprehensive Plan; the existing and permitted land uses in the area; the location of buildings on the site; traffic circulation and pedestrian infrastructure, both on and off the site; the adequacy and availability of community facilities and utilities, including public water and public sewer systems, to service the proposed development; and other factors as may be related to the purposes of this article.

C. Town Board public hearing. Within 45 days from the date of the Town Board's receipt of the Planning Board's report or the expiration of the Planning Board review period, whichever first occurs, the Town Board shall hold a public hearing on the matter of levying a RFZ on property described in the application. Such hearing shall be held upon the same notice as required by law for amendments to the Town Zoning Map and/or Zoning Code.

D. Town Board action.

(1) Within 45 days after the date of the close of the public hearing, the Town Board shall act to either approve, approve with modifications, or disapprove the application. A copy of the determination shall be filed in the Town Clerk's office. The Town Clerk shall forward the determination to the applicant, the Planning Board, and the Parks and Recreation Committee. If such determination approves the establishment of a new RFZ, the Town Clerk shall cause the Official Zoning Map to be amended accordingly.

(2) Revocation; extension.

(a) The Town Board may, on notice to the applicant, and for good cause shown, revoke the establishment of an RFZ if after 18 months from approval work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence.

(b) The Town Board, upon request of the applicant and upon good cause being shown, may, in the exercise of its discretion, extend the above time period.

(c) In the event of the revocation of approval as herein provided, the RFZ shall be deemed revoked, and the zoning classification of the subject property shall revert to the zoning classification that existed on the property immediately prior to the establishment of the RFZ thereon, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly.

E. Notwithstanding the foregoing, the Town Board, in addition to considering applications, may, on its own motion rezone property to a RFZ District.

§ 280-202 Permitted uses.

No building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following:

A. Permitted uses. The following are permitted uses are subject to site plan approval by the Planning Board:

(1) Major recreational facility.

B. Accessory uses, limited to the following uses and restrictions set forth herein:

(1) Snack bar.

(2) Outdoor pavilion, provided that no one pavilion shall be more than 500 square feet and the total lot coverage of pavilion on any one lot shall not exceed 1,500 square feet.

(3) Child care for patrons of the facility.

(4) Any uses and/or structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which it is located.

§ 280-203 Dimensional and parking requirements.

No building or premises shall be used and no building or part thereof shall be erected or altered in the RFZ District unless the same conforms to the following:

A. Minimum lot size. The minimum lot size shall be 120,000 square feet.

B. Maximum lot coverage.

(1) The total lot coverage for structures shall be not exceed 20% of the parcel area.

(2) The total lot coverage for outdoor recreational facilities shall not exceed to 50% of the parcel area.

(3) Notwithstanding the foregoing, the combined, total lot coverage for both structures and outdoor recreational facilities shall not exceed 50% of the parcel area.

C. Minimum yard setbacks.

(1) A principle structure shall maintain the following setbacks:

(a) Front yard: 100 feet.

(b) Rear yard: 50 feet.

(c) Side yard: 50 feet.

(d) To residentially zoned property: 100 feet.

(2) Outdoor recreation facilities and outdoor pavilions shall maintain the following setbacks:

(a) Front yard: 50 feet.

(b) Rear yard: 50 feet.

(c) Side yard: 50 feet.

(d) To residentially zoned property: 100 feet.

(3) Parking and loading areas shall maintain the following setbacks:

(a) Public and private rights-of-way: 50 feet.

(b) Any property boundary: 50 feet.

§ 280-204 Parking requirements.

A. The minimum parking requirements for a principle structure shall be one parking space per 300 square feet of gross floor area of the principal structure. Parking requirements for outdoor recreational facilities and accessory structures and uses shall be determined by the Town Board during its review of the change of zone application based on consideration of the proposed use, site design and other criteria the Town Board deems relevant.

B. Overflow, permeable, parking area(s) shall be required generally at a rate of 50% of the total number of parking spaces to accommodate for periods of high use and team sporting events. The total number of parking spaces required shall depend on the proposed use(s) and site design and will be determined by the Town Board during review of the change of zone petition.

C. Use of public rights-of-way for member, patron or spectator parking is prohibited.

D. Parking shall be located in the rear of the principal building where practicable.