[Added 3-22-2023 by L.L. No. 3-2023]
A. 
Downtown Riverhead sits along the Peconic River and is comprised of a compact, diverse, mixed-use commercial/residential neighborhood that is the gateway to Long Island's East End tourist region. The downtown contains a concentration of commercial and residential uses and is in close proximity to other regional employment, tourism and commercial centers. The most unique feature of the downtown, and its most underutilized asset, is the Peconic River. Although Riverhead is the county seat of Suffolk County, the downtown riverfront district has suffered from years of decline, disinvestment, crime, and blight, causing a high vacancy rate approaching 50%, which was exacerbated by the COVID-19 pandemic. The downtown does not share in the relative prosperity of other East End communities and, in fact, residents and businesses struggle to make ends meet in a region where the cost of living is among the highest in the country.
B. 
The northern portion of downtown contains a mix of cultural, commercial, office, residential and institutional uses. The northwest portion includes offices, the public library, a historical museum, single-family residences, small retail, and institutional uses such as the Suffolk County Court and parking for the railroad and courts. The northeast portion is predominantly developed with residential uses, and the downtown area includes restaurants, retail, offices, workforce and affordable apartments, the Suffolk County Community College Culinary Arts Center, as well as attractions such as Riverfront Park, Grangebel Park, Long Island Aquarium, Suffolk Theater and the Vail-Leavitt Music Hall. The surrounding land uses include the Long Island Railroad, Polish Town Civic Association's event pavilion, a railroad museum, Roanoke Avenue Elementary School, Riverhead Fire Department, the Polish Town business district, including restaurants and single- and two-family residences.
C. 
The Town of Riverhead has spent years attempting to spark revitalization efforts and has completed many plans that analyze the specific problems and potential of Downtown Riverhead. For a variety of reasons, including the lack of funding and professional assistance required for implementation, the goals of these previous plans have not yet been fully realized. Town of Riverhead revitalization plans include:
(1) 
Town of Riverhead East Main Street Urban Renewal Area Plan (1993).
(2) 
The Analysis of the Opportunity for the Revitalization of the Main Street Corridor - Yeiser, Tkacik and Associates (1993).
(3) 
The Vision Plan for Downtown Riverhead - Gary Jacquemin, AIA (1995).
(4) 
Town of Riverhead Urban Renewal Plan Railroad Street Corridor (1997).
(5) 
The Revitalization Strategy for Downtown Riverhead - Abeles Phillips Preiss & Shapiro (2000).
(6) 
Town of Riverhead Comprehensive Plan - Abeles Phillips Preiss & Shapiro (2003).
(7) 
Town of Riverhead East Main Street Urban Renewal Area Plan - AKRF (2008 update).
(8) 
Peconic River/Route 25 Corridor Step II Brownfield Opportunity Area Nomination Study (BOA) - Nelson, Pope & Voorhis (2016).
(9) 
Peconic River/Route 25 Corridor Step II Brownfield Opportunity Area Creative Placemaking Supplement (2016).
(10) 
Riverhead Strategic Parking Plan - Sam Schwartz (January 2020).
(11) 
Transit Oriented Development Plan for the Railroad Avenue Urban Renewal Area - Nelson, Pope & Voorhis (October 2020).
(12) 
Downtown Riverhead Pattern Book - Urban Design Associates (January 2021).
(13) 
Railroad Street TOD Development - Request for Qualifications - Nelson, Pope & Voorhis (March 2021).
(14) 
Town Square Design - Public Participation Process - Urban Design Associates (Preliminary Analysis - July 2021).
(15) 
Benefit Cost Analysis for Town Square and TOD - Dr. Martin R. Cantor, CPA (June 2021).
(16) 
Army Corps of Engineers - Flood Plain Management Services Preliminary Analysis (July 2021).
(17) 
Riverhead Town Square Market Analysis - Streetsense (August 2021).
(18) 
Town of Riverhead Affordable Housing Demand Analysis Summary - AKRF (August 2021).
D. 
Although Downtown Riverhead has seen the beginnings of a new vibrancy in recent years with the new mixed-use commercial and affordable/workforce residential developments, construction of a world-class aquarium and Hyatt Conference Center and Hotel, the reopening of the Suffolk Theater, a healthy arts council, the new Preston House & Hotel and restaurant, as well as numerous popular restaurants and businesses, there are still blighted and underutilized properties flanking these improvements, along with many other obstacles to overcome to realize full revitalization. These challenges include a high rate of commercial vacancies 50% and abandoned properties; the need for improved pedestrian environment, including better public access and views to the Peconic River; parking issues; Peconic River/Estuary water quality; the need for wayfinding signage at gateways and throughout the downtown area; the need to overcome a negative image with a rebranding effort; homelessness; increasing crime; aggressive panhandling; retail sale of drug paraphernalia; loitering for the purpose of selling drugs; and interference with trash receptacles and fountains.
E. 
Consistent with the recommendations of the Town Square Discovery Process, in 2020, the Town purchased three buildings on Main Street to create a new Town Square to connect East Main Street to the riverfront area and to create a new public space for the community. The Town demolished two of the buildings to make way for the new square and engaged Urban Design Associates to create a Downtown Riverfront Activation Plan, which plans for an activated, family-friendly riverfront. The plan includes the creation of the Town Square, which will serve as a public space and access to the Long Island Science Center and Planetarium, outdoor educational and environmental sculptures, a splash pad and adaptive playground for children of all abilities and an accessible river walk.
F. 
In 2022, the Town was awarded a $10,000,000 Downtown Revitalization Initiative (DRI) grant for the purpose of catalyzing the planned development of the Town Square, the Transit Oriented Development, the Long Island Science Center and the Suffolk Theater as a family-friendly tourist and community destination. These projects represent the collective public opinion and the determinations of the DRI Local Planning Committee, derived after numerous public engagement opportunities, of how Downtown Riverhead should be redeveloped and that its direction, particularly in light of the fact that there is an existing aquarium, science center and future planetarium, should be toward family-friendly activities.
G. 
The current zoning use districts present in the downtown area allow for a number of uses that should be more specifically described and limited so that the uses that are permitted would not be inconsistent with the creation of a family-friendly downtown area as planned.
H. 
Uses placed within this overlay district are those uses that will promote or enhance the development of a specific area of the downtown in response to the Comprehensive Plan goals and objectives and recommendations of specific area studies.
I. 
The intent of the Downtown Riverfront Overlay District is to enhance implementation of the recommendations of the Comprehensive Master Plan and the Riverhead Downtown Pattern Book and the Downtown Riverfront District Activation Plan, promote waterfront development to enhance recreation and tourism, and manage land uses to develop the district as a civic area that is people-friendly with active uses, additional entertainment facilities and events, specialty retail and restaurants. The use, dimensions and other requirements for the underlying zoning use district shall apply, unless further restricted hereunder. Where there are conflicts between the regulations hereunder and those contained elsewhere in this chapter, the more restrictive shall apply.
J. 
Accordingly, the Town Board has determined to create this specific overlay district that will enable specific site zoning and implementation of the Pattern Book design recommendations to be enumerated and applied. Such standards will promote the public welfare, will enhance the implementation of specific area studies, and will promote the goals and objectives of the Comprehensive Plan.
The boundaries of said overlay district are hereby established as shown on the map entitled the "Downtown Riverfront Overlay Map, Town of Riverhead, Suffolk County, New York," which map is hereby made a part of this chapter, and all notations, references and other things shown thereon shall be as much a part of this chapter as if fully described herein. This map is on file in the Town Clerk's office. Where uncertainty exists with respect to the boundaries of the aforesaid district as shown on the map, the following rules shall apply:
A. 
Where the district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries.
B. 
Where the district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.
C. 
Where the district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets or to the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the map. If no distance is given, such dimension shall be determined by the use of the scale shown on said map.
D. 
Where the boundary of the district follows a railroad line, such boundary shall be deemed to be located midway between the main tract of said railroad line.
E. 
Where the boundary of the district follows a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Riverhead unless otherwise indicated.
No building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A. 
Permitted uses include those principal uses listed in the underlying zoning use district, unless specifically listed as a prohibited use below.
B. 
Accessory uses include those accessory uses listed in the underlying zoning use district, unless specifically listed as a prohibited use below.
C. 
Prohibited uses include the following:
(1) 
Those uses not principally or conditionally permitted in the underlying zoning use district.
(2) 
Fraternity, sorority houses and dormitories.
(3) 
Smoke shops and tobacco stores, including those selling smoke/vape paraphernalia.
(4) 
The public display of firearms, knives, and weapons.
(5) 
Any assembly, business or mercantile uses deemed to be adult entertainment establishments, as defined at § 301-3.
(6) 
Hospitals, surgical centers, convalescent and rest homes, rehabilitation facilities, clinics, urgent care centers, drug treatment centers.
(7) 
Pawnshops.
(8) 
Tattoo or body piercing parlors.
(9) 
Convenience stores with fuel stations or without fuel centers.
(10) 
Automobile rentals.
(11) 
Automobile service stations, with or without fuel centers.
(12) 
Automobile and truck repair stations, with or without fuel centers.
(13) 
Car washes, self-service or automatic, with or without fuel centers.
(14) 
Self-serve laundry and/or laundromats.
(15) 
Storage yards or storage yards for delivery vehicles.
(16) 
Residential Group (R-2), nontransient hotels and motels; R-2 being defined as occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including congregate living facilities (nontransient) with more than 16 occupants, boardinghouses (nontransient), convents, dormitories, fraternities and sororities, monasteries, hotels (nontransient), live/work units, motels (nontransient).
(17) 
Motels.