Village of Southampton, NY Purpose; Definitions

Unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural, and the plural the singular.

The word "person" includes a profit or nonprofit corporation, company, partnership or individual.

ACCESSORY USE, BUILDING OR STRUCTURE

The word "shall" is mandatory and not directory; the word "may" is permissive.

(4)

The word "lot" includes the word "plot" and the word "land."

(5)

The word "structure" includes the word "building."

(6)

The words "this chapter" refer to this comprehensive amendment in total of the previous Zoning Ordinance of the Incorporated Village of Southampton, unless the context indicates otherwise.

(7)

The word "use" refers to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.

(8)

The word "used" refers to the actual fact that a lot or land, building or structure or part thereof is being occupied for a particular use.

Words defined. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY APARTMENT

A self-contained dwelling unit which is subordinate to a permitted principal one-family residence use in terms of size, location and appearance, and is located within the principal structure.

[Added 6-15-2021 by L.L. No. 2-2021]

A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" may include a private garage, garden shed, playhouse, swimming pool and a small private greenhouse not exceeding 500 square feet in area. The term "accessory building" shall not include any building used for sleeping purposes or containing cooking facilities except for farm employees living on a farm owned or leased by their employer.[1]

[Amended 3-11-1977 by L.L. No. 1-1977]

ACTION (Personal wireless service facility)

A siting authority's grant of a siting application or issuance of a written decision denying a siting application.

[Added 1-23-2024 by L.L. No. 3-2024]

AGRICULTURE

The cultivation of the soil for food products and other useful or valuable growths of the field, including field crops, fruits, vegetables, trees, shrubs, plants and flowers, and including agricultural greenhouses. The normal preparation of such products for market shall be considered an accessory use, provided that it is not a separate and distinct business. The term "agriculture" shall not include animal husbandry. (See the definition of "animal husbandry." The term "agriculture" shall not include the keeping, raising or harboring of livestock (see the definition of "livestock") for personal use, personal consumption or other accessory purpose.

[Added 9-13-2001 by L.L. No. 9-2001]

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another. The term "alter" in its various modes and tenses and its participial form refers to the making of an alteration.

ANIMAL HUSBANDRY

The raising of livestock (see the definition of "livestock") or fur-bearing animals as a retail or wholesale business.

[Amended 9-13-2001 by L.L. No. 9-2001]

ANTENNA

An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to the Federal Communications Commission (FCC) authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station or device authorized under Part 15 of Chapter I, Title 47 of the Code of Federal Regulations.

[Added 1-23-2024 by L.L. No. 3-2024]

ANTENNA EQUIPMENT

Equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when co-located on a structure, is mounted or installed at the same time as such antenna.

[Added 1-23-2024 by L.L. No. 3-2024]

ANTENNA FACILITY

An antenna and associated antenna equipment.

[Added 1-23-2024 by L.L. No. 3-2024]

APPLICANT (Personal wireless service facility)

A person or entity that submits a siting application and the agents, employees, and contractors of such person or entity.

[Added 1-23-2024 by L.L. No. 3-2024]

APPLICATION (Personal wireless service facility)

A written submission to a siting authority requesting authorization for the deployment of a personal wireless service facility at a specified location.

[Added 31-23-2024 by L.L. No. 3-2024]

AUTHORIZATION (Personal wireless service facility)

Any approval that a siting authority must issue under applicable law prior to the deployment of personal wireless service facilities, including, but not limited to, zoning approval and building permit.

[Added 1-23-2024 by L.L. No. 3-2024]

AUTOMOBILE LAUNDRY

A structure or building designed for the washing, waxing, simonizing or similar treatment of automotive vehicles as its principal function.

BASEMENT

A story partly underground but having less than half of its clear height below finished grade. A basement shall be counted as a story in determining building height.

BASE STATION

A structure or equipment at a fixed location that enables Commission-licensed or -authorized wireless communications between user equipment and a communications network. The term does not include any structure that, at the time the relevant applications is filed with the state or local government under this section, does not support or house equipment described in Subsections A and B below. The term also does not encompass a tower as defined in the definitions. Examples include transmission equipment mounted on a rooftop, water tank, silo or other aboveground structure other than a tower. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, but is not limited to:

[Added 1-23-2024 by L.L. No. 3-2024]

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks); and

CLUB, MEMBERSHIP OR COUNTRY, GOLF COURSE, NONPROFIT

Any structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described in this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

BERM

A structure consisting primarily of earth or earthen or similar materials intended for security, enclosure or screening purposes.

BOATYARD

A facility for servicing all types of watercraft as well as providing supplies, provisions, storage and fueling facilities, and with facilities for the retail sales of boats, motors and marine equipment.

BUILDING

A structure with a roof supported by columns or walls and having a horizontal area of more than 50 square feet and intended for the shelter, housing or enclosure of persons, animals or chattels.

BUILDING, AREA OF

The area computed at the maximum horizontal cross section of the main and accessory buildings on a lot, including the area of all roofed porches, terraces and similar features.

BUILDING INSPECTOR

The official Building Inspector of the municipality or any person duly appointed or designated to act as such Inspector.

CAMPING GROUND

A facility designed for recreational camping in tents, automotive camper units or trailers and house trailers, providing community sanitary facilities and other necessary services.

CARRIER

A company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide personal wireless services.

[Added 1-23-2024 by L.L. No. 3-2024]

CELLAR

A story partly underground and having 1/2 or more of its clear height below finished grade. A cellar shall not be counted as a story in determining the building height.

CLUB, BEACH

A not-for-profit corporation, as defined in § 102 of the Not-For-Profit Corporation Law of the State of New York, located contiguous to an ocean beach and established for the principal purpose of engaging in ocean bathing but excluding any form of aviation, motorboat racing or water skiing on inland waterways or similar hazardous sports. Three-fourths of such "beach club's" membership shall either own property improved with a dwelling in the Town of Southampton or within a fifteen-mile radius of such "beach club" or be a lessee of such residential property for a period of not less than 30 days during which time said membership shall be effective. The activities of such a "beach club" on its off-beach site shall be limited to its members and their guests and shall not be extended to the general public.

A not-for-profit corporation, as defined in § 102 of the Not-For-Profit Corporation Law of the State of New York, not located contiguous to an ocean beach and established for the principal purpose of engaging in outdoor sports such as golf, tennis, swimming, fishing or similar activities but not including any form of aviation, outdoor track, skeet or target shooting or boating. The activities of such a club shall be limited to its members and their guests and shall not be extended to the general public.

CLUB, YACHT

A not-for-profit corporation, as defined by § 102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in recreational boating. The activities of such a yacht club shall be limited to its members and their guests and shall not be extended to the general public. The term "yacht club" shall be deemed to include the term "marina" but shall not be deemed to include the term "boatyard," except for the out-of-water storage of member boats.

CONCEALMENT (Personal wireless service facility)

A tower, base station or utility pole that is not readily identifiable as a wireless communication facility and that is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site or in the neighborhood or area. Some of the types of concealment found in the Village are faux dormers, faux facades, parapets, steeples, faux chimneys and unipoles/monopoles with canisters.

[Added 1-23-2024 by L.L. No. 3-2024]

CONVENTIONAL BEDROOM

A room designed as a bedroom. Rooms having other purposes, such as dens, living rooms or hallways, are not to be interpreted as "conventional bedrooms."

COURT

An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings. An offset to a "court" shall be deemed a separate "court" for the purpose of determining its required dimensions.

COURT, DEPTH OF

The maximum horizontal dimension at right angles to the width.

COURT, HEIGHT OF

The greatest vertical distance measured from the lowest level of such court up to the roof of the building.

COURT, INNER

Any court which is not an outer court.

COURT, OUTER

A court extending to a street line or other property line or opening upon any front, side or rear yard.

COURT, WIDTH OF

The horizontal dimension parallel to the principal open side in the case of an outer court, and the least horizontal dimension in the case of an inner court.

CUSTOM WORK, SHOP FOR

A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, and not including the manufacture of ready-to-wear or standardized products.

DELOYMENT

The placement, construction, or modification of a personal wireless service facility.

[Added 1-23-2024 by L.L. No. 3-2024]

DWELLING

A building designed exclusively for residential purposes and arranged or intended to be occupied by one or more families living independently of each other.

DWELLING, MULTIPLE

A building or portion thereof containing more than two dwelling units but not more than 16 dwelling units, and further provided that no dwelling unit shall be below the first story or above the second story.

DWELLING, ONE-FAMILY DETACHED

A dwelling containing one dwelling unit for the occupancy of one family and its domestic servants.

DWELLING, TWO-FAMILY DETACHED

A dwelling containing two dwelling units for the occupancy of two families and their domestic servants.

DWELLING UNIT

One or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.

EQUIPMENT CABINET/EQUIPMENT SHELTER

An enclosed structure at the base of the mount within which is housed the equipment for the personal wireless service facility such as batteries and electrical equipment.

[Added 1-23-2024 by L.L. No. 3-2024]

EXISTING (Personal wireless service facility)

A constructed tower or base station is existing for purposes of this chapter if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

[Added 1-23-2024 by L.L. No. 3-2024]

FACILITY

See "personal wireless service facility."

[Added 1-23-2024 by L.L. No. 3-2024]

FALL ZONE

The area on the ground within a prescribed radius from the base of a personal wireless facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material.

[Added 1-23-2024 by L.L. No. 3-2024]

FAMILY

One or more persons occupying a single, nonprofit dwelling unit; provided, however, that not more than five persons unrelated by blood, marriage or legal adoption, nor more than two persons for each conventional bedroom, shall be considered a "family"; and further provided that persons occupying group quarters, such as a dormitory, fraternity or sorority house or a seminary, shall not be considered a "family," nor shall a group of persons unrelated by blood, marriage or adoption whose association or relationship is temporary or seasonal in nature rather than of a permanent and distinct domestic character be considered a "family."

FEDERAL COMMUNICATIONS COMMISSION (FCC)

An independent federal agency charged with licensing and regulating wireless communications at the national level.

[Added 1-23-2024 by L.L. No. 3-2024]

FENCE

A structure bounding an area of land designed to either limit access to the area or screen such area from view, or both.

FILLING STATION

A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A "filling station" may include accessory facilities for rendering service for motor vehicles, such as lubrication, washing and minor repairs.

FOOD PANTRY

A building that is occupied and operated by a not-for-profit entity to render charitable support to needy individuals and families residing within the local community, including the provision of groceries and other essential goods and services, and also including the related office and ancillary functions of the organization operating the food pantry.

[Added 2-8-2022 by L.L. No. 4-2022]

GARAGE, PRIVATE

A building used for the storage of motor vehicles and all types of farm machinery and conveyances owned and regularly used by or on behalf of the owner or tenant of the lot on which it is erected and only for a purpose accessory to the permitted use of the lot.

GARAGE, REPAIR

A building, other than a private garage, used for adjustment, painting, replacement of parts or other repair of motor vehicles or parts thereof, whether or not accessory or incidental to another use.

HEIGHT (Personal wireless service facility)

The linear distance from the rooftop or side of structure where the antenna is attached to the base station or tower and the ground level. For new and replacement utility poles and new and replacement towers, the linear distance from the ground level to the highest physical point on the wireless communication facility, excluding the lightning rod.

[Added 1-23-2024 by L.L. No. 3-2024]

HEIGHT OF STRUCTURE OR BUILDING

The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of the highest roof or, in the case of a structure, to the highest point.

HOME FURNISHINGS SHOWROOM

[Added 5-24-2022 by L.L. No. 10-2022]

A building or portion thereof containing at least 3,500 square feet in interior space, exclusive of office and storage, primarily dedicated to the indoor display of home furnishing samples, including but not limited to furniture, cabinetry, home appliances, light fixtures, carpet and/or rugs, flooring, tile, plumbing fixtures, countertops, window treatments, home decor, or similar items available for order at wholesale and/or retail and typically available for delivery to the consumer off-premises.

HOTEL OR MOTEL, TRANSIENT

A home furnishings showroom may include customary and incidental accessory retail sales on the premises, as well as accessory office, and storage uses on site which are excluded from the 3,500 square feet minimum. Uses otherwise classified as home furnishings showrooms less than 3,500 square feet shall be considered to be "retail" for the purposes of this chapter, unless the Board of Appeals has granted a variance of the special exception criterion for size listed in § 116-23B(29)(a) pursuant to § 116-27. A home furnishings showroom may operate in connection with "31. Office and shop for a plumber, electrician or home improvement contractor,"[2] where permitted, and duly authorized by the ZBA pursuant to § 116-22, General standards, for special exception uses. For uses devoted to building materials, such as lumber and other building products, refer to Chapter 116, Attachment 4, Business Districts - Table of Use Regulations, for "29. Wholesale business, including lumber and other building products for retail and wholesale."

HOME OCCUPATION

Any gainful occupation customarily conducted within a dwelling by the residents thereof that is clearly secondary to the residential use and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/3 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used, and further provided that there shall be no external evidence other than an announcement sign and that no mechanical or electrical equipment is used except customary household equipment. However, "home occupations" shall not be construed to include such uses as the following: clinic or hospital, barbershop or beauty parlor, restaurant, breeding kennel or antique dealer.

HOME PROFESSIONAL OFFICE

The office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent, or teacher as herein restricted; provided that not more than two persons are employed who are not members of the family, that no employee shall be of the same profession as the resident and that such office shall be in the main building and shall not occupy more than the equivalent of 1/3 of the floor area of one floor of said building. For the purposes of this definition, a "teacher" shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at one time. A "home professional office" shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, band instrument or piano or voice instruction, tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments, and stores, trades or businesses of any kind not herein excepted shall not be deemed to be "home professional offices." The "home professional office" of a physician shall not include a biological or other medical testing laboratory.

A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis, provided that one such unit may connect directly with no more than one other such unit and that no cooking facilities shall be available. Each such unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "transient hotel or motel" may include such accessory uses as an office, restaurant, accessory personal services, swimming pool and off-street parking facilities. The term "transient hotel or motel" shall not be construed to include mobile home park, nor shall it be deemed to include any dwelling units except that of the owner or manager.

HOUSE TRAILER

A movable one-family dwelling originally equipped with or having a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "mobile home."

JUNK-SCRAP YARD

Any land or structure or part thereof exceeding 300 square feet in area, used for collecting, storage or sale of wastepaper, rags, scrap metal or other scrap or discarded materials, or for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition, or for the sale of the parts thereof.

LICENSED HEALTH-CARE PROFESSIONAL

A person licensed by the State of New York to practice in the health-care field as a physician, chiropractor, dentist, veterinarian, physical therapist, podiatrist or optometrist and their licensed assistants.

[Added 3-9-1989 by L.L. No. 6-1990]

LIVESTOCK

Includes horses, cattle, sheep, goats, hogs, swine, chickens, turkeys, ducks, geese, other poultry and similar creatures.

[Added 9-13-2001 by L.L. No. 9-2001]

LOT

A parcel of land occupied or capable of being occupied by one or more principal buildings and accessory buildings or uses in accordance with the provisions of this chapter, including such open spaces as are required by this chapter.

LOT, AREA OF

The total horizontal area of a lot exclusive of land in the bed of any street or right-of-way or waterway.

LOT, CORNER

A lot at the junction of and fronting on two or more intersecting streets, having an interior angle of less than 135° at their intersection. A lot abutting upon a curved street shall also be considered a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.

LOT COVERAGE

The portion of the lot area covered by the area of a building or buildings or a structure or structures.

[Amended 5-24-1988 by L.L No. 2-1988]

LOT, FLAGPOLE

A lot shaped like a pole with a fully extended flag at the upper portion thereof, the bottom of the pole being at the street line, the pole portion of the lot being designed for use as access to the flag portion of the lot where the principal structure is or will be constructed (sometimes called a "dog-leg lot").

[Amended 4-11-1980 by L.L. No. 1-1980; 11-23-1993 by L.L. No. 6-1993; 6-12-2003 by L.L. No. 4-2003]

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE, FRONT

The street right-of-way line at the front of a lot.

[Amended 6-12-2003 by L.L. No. 4-2003]

LOT LINE, REAR

The lot line opposite the front lot line. In the case of a corner lot, the "rear lot line" may be elected by the owner.

LOT LINE, SIDE

Any lot line not a rear lot line nor a front lot line shall be deemed a "side lot line."

LOT, WIDTH OF

The dimension measured from side lot line to side lot line along a line parallel to the front lot line, which parallel line runs through the point where the wall of the principal structure is or will be nearest the front lot line, which parallel line shall be at not less than the required front yard depth.

MACRO WIRELESS FACILITY

Antenna, support structures or base stations which are larger than the parameters set for small wireless facilities defined in this chapter.

[Added 1-23-2024 by L.L. No. 3-2024]

MARINA

A facility for the berthing and fueling of all types of recreational watercraft. The term "marina" shall not be deemed to include the term "boatyard" or to include out-of-water storage, restaurant or repair facilities, fishing stations or similar activities.

MEDICAL ARTS BUILDING

A building housing offices, operating rooms and laboratories for use by licensed health-care professionals.

[Added 6-20-1989 by L.L. No. 7-1989]

MICROCELL

Any personal wireless service facility that is designed to provide service for a radius of 0.5 mile or less.

[Added 1-23-2024 by L.L. No. 3-2024]

MOBILE HOME

A movable one-family dwelling originally equipped with or having a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "house trailer."

MOBILE HOME PARK

A residential land use designed for the location of two or more mobile homes in designated mobile home spaces and including appurtenant facilities and accessory services for residents only.

MONOPOLE

One type of self-supporting mount consisting of a single shaft of wood, steel or concrete and antennas at the top and/or along the shaft.

[Added 1-23-2024 by L.L. No. 3-2024]

NONCONFORMING BUILDING OR STRUCTURE

A building or structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such building or structure, which does not conform to the dimensional regulations of this chapter for the district in which it is situated, irrespective of the use to which such a building or structure is put.

NONCONFORMING LOT

Any lot lawfully existing in single and separate ownership at the effective date of this chapter, or any amendment thereto affecting such lot, which does not conform to the dimensional regulations of this chapter for the district in which it is situated. If such lot shall thereafter be in the same ownership as an adjoining parcel, it shall lose its status as a "nonconforming lot," except to the extent that the lot created by the merger of the two parcels shall remain nonconforming in the same respect.

NONCONFORMING USE

Any use of a building, structure, lot or land or part thereof lawfully existing at the effective date of this chapter or any amendment thereto affecting such use, which does not conform to the use regulations of this chapter for the district in which it is situated. A temporary authorization of a permit for a prohibited use granted by the Board of Appeals prior to the adoption of this chapter shall not be construed to establish a nonconforming use as herein defined and therefore any such authorization and its related use shall terminate upon the expiration thereof.

NONNUISANCE INDUSTRY

Any industry which is not detrimental to the environment in which it is located by reason of emission of smoke, noise, odor, dust, vibration or excessive light beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards; which does not require domestic or process water in excess of 40 gallons per employee or discharge any effluent into the ground that does not meet Suffolk County Health Department standards designed to protect against contamination or pollution; and which does not include outdoor processing of materials or open accessory storage yard unless completely enclosed by a solid wall or fence not less than six feet in height.

NURSERY SCHOOL

A building or structure, together with its lot and its accessory uses, buildings and structures, used as an organized instructional facility for five or more enrolled children other than the children of the resident family, but not provided with customary commercial public recreation facilities such as Ferris wheels or roller coasters and not furnishing sleeping quarters except for the resident family.

OCEAN BEACH

The beach area lying between the mean high-water level and the southern edge of the natural grass on the dunes.

OFFICE FOR A LICENSED HEALTH-CARE PROFESSIONAL

An office for the practice of his or her profession by a licensed health-care professional but shall not include a laboratory.

[Added 3-9-1990 by L.L. No. 6-1990]

OUTDOOR DINING

An open-air eating area accessory to an existing restaurant not situated within the building containing the restaurant.

[Added 4-20-1999 by L.L. No. 2-1999]

OWNER

A natural personal who is an owner in fee simple or of a life estate of at least an individual fifty-percent interest in the premises as recorded in the office of the Suffolk County Clerk. An incorporated entity may be considered an eligible owner upon proof of at least one natural person owning a majority interest in the corporation.

[Added 6-15-2021 by L.L. No. 2-2021]

PERMITTED USE

A specific main use of a building, structure, lot or land or part thereof which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use.

PERSONAL WIRELESS SERVICE FACILITY (PWSF)

An antenna facility or a structure that is used for the provision of personal wireless service, whether such service is provide on a stand-alone basis or commingled with other wireless communication services.

[Added 1-23-2024 by L.L. No. 3-2024]

PERSONAL WIRELESS SERVICES

Any personal wireless service defined in the Federal Telecommunications Act which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services, including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging as well as unlicensed wireless services, and common carrier wireless exchange access services.

[Added 1-23-2024 by L.L. No. 3-2024]

PROHIBITED USE

A use of a building, structure, lot or land or part thereof which is not listed as a permitted, special exception or accessory use.

RADIO FREQUENCY RADIATION

The electromagnetic energy radiated from an antenna or antenna array. This radiation is part of the radio waves that are the means by which information is transported without wires by personal wireless service facilities.

[Added 1-23-2024 by L.L. No. 3-2024]

RESEARCH INSTITUTE OR LABORATORY

A building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products, and uses accessory thereto. With respect to the application of this chapter, such research institute or laboratory shall meet the standards of a nonnuisance industry.

RESTAURANT

A use in a building having as its principal purpose the preparation and serving of food for consumption on the premises within furnished dining areas. A restaurant may include as a permitted accessory use the serving of alcoholic beverages with meals. A restaurant may also include as a special exception accessory use an accessory tavern or bar area for the serving of alcoholic beverages, provided that such accessory use shall be clearly subordinate and accessory to the principal restaurant use. A restaurant may also include as a special exception accessory use the brewing of beer for consumption on the premises, provided that such accessory use shall be clearly subordinate and accessory to the principal restaurant use. It is the intent of the foregoing that an accessory tavern or bar area shall be a special exception accessory use to a restaurant under this chapter (provided that such accessory use is clearly subordinate and accessory to the restaurant use) and that the brewing of beer for consumption on the premises shall be a special exception accessory use to a restaurant under this chapter (provided that such accessory use is clearly subordinate and accessory to the restaurant use). A restaurant shall not include any form of live entertainment. The term "restaurant" shall not be construed to include any form of drive-in, open-front or curb-service eating establishments or any form of nightclub or similar entertainment establishment.[3]

[Amended 4-25-2017 by L.L. No. 3-2017]

RETAINING WALL

A wall for holding a mass of earth in place, and constructed to resist the lateral pressure of soil, when there is a desired change in ground elevation that exceeds the angle of repose of the soil.

[Added 8-11-2022 by L.L. No. 11-2022]

SHORT MOUNTS

Alternatives to monopoles or guyed and lattice towers, such as masts or poles. For example, two poles or three masts might be an alternative to one lattice tower.

[Added 1-23-2024 by L.L. No. 3-2024]

SITE

For a tower other than a tower in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government if the approval of the modification occurred prior to the Spectrum Act of 2012 or otherwise outside the Section 6409(a) process.

[Added 1-23-2024 by L.L. No. 3-2024]

SITING

The method and form of placement of personal wireless service facilities on a specific area of a subject property.

[Added 1-23-2024 by L.L. No. 3-2024]

SITING APPLICATION

See "application (personal wireless service facility)."

[Added 1-23-2024 by L.L. No. 3-2024]

SITING AUTHORITY

A state government, local government, or instrumentality of a state government or local government, including any official or organizational unit thereof, whose authorization is necessary prior to the deployment of personal wireless service facilities.

[Added 1-23-2024 by L.L. No. 3-2024]

SMALL WIRELESS FACILITY

Facilities that meet each of the following conditions:

[Added 1-23-2024 by L.L. No. 3-2024]

The facilities:

(a)

Are mounted on structures 50 feet or less in height including their antennas; or

(b)

Are mounted on structures no more than 10% taller than other adjacent structures; or

(c)

Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10% (whichever is greater); and

Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and

STRUCTURE (Personal wireless service facility)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume; and

(4)

The facilities do not require antenna structure registration by the FCC; and

(5)

The facilities are not located on Tribal lands; and

(6)

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

SPECIAL EXCEPTION USE

A use in one or more districts for which the Board of Appeals may grant a permit pursuant to the provisions of Article IV of this chapter.

STORY

That portion of a building between the surface of any floor and the surface of the floor next above it; if there be no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a "story" but a cellar shall not be counted as a "story."

STORY, HALF

A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story and having a ceiling height of at least 7 1/2 feet over not more than 1/2 the total floor area.

STREET

Any federal, state, county or municipal highway or road, or any street shown upon a subdivision plat filed in the County Clerk's office, and any private road, providing access to subdivided land, approved by the Planning Board or existing prior to the adoption of this chapter.

STREET LINE

The dividing line between a lot and a street right-of-way.

STRUCTURE

Anything constructed or erected on or under the ground or upon another structure or building, excluding driveways constructed at a natural grade.

[Amended 3-9-1990 by L.L. No. 7-1990]

A pole, tower, base station or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).

[Added 1-23-2024 by L.L. No. 3-2024]

SUBSTANTIAL CHANGE (Personal wireless service facility)

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

[Added 1-23-2024 by L.L. No. 3-2024]

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater.

(a)

Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are not preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

(4)

It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;

(5)

It would defeat the concealment elements of the eligible support structure; or

(6)

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base stations equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds above.

SWIMMING POOL

An artificial pool of water having a depth at any point of more than 18 inches and a surface area of greater than 100 square feet, designed or intended for the purpose of bathing or swimming and including all appurtenant equipment.

TIDAL FLOODPLAIN

The upland area along the shore of the Atlantic Ocean and the various bays in the Town of Southampton where flooding is anticipated during a standard project design hurricane, including wind setup and wave run-up factors, as set forth in this chapter and approximately as determined by the Corps of Engineers in its Interim Hurricane Study, Atlantic Coast of Long Island, N.Y., Jones Inlet to Montauk Point (Remaining Areas), dated December 1965.

TIDAL WETLAND

All those areas within the Village of Southampton customarily inundated regularly or intermittently by normal tidal cycles and/or peak lunar tides, including salt marshes, which shall be presumed to be those areas upon which some, but not necessarily all, of the following grow or are capable of growing: salt hay (Spartina patens), spike-grass (Distichlis spicata), black grass (Juncus gerardi), cordgrass (Spartina alterniflora), saltwort (Salicornia sp.), sea lavender (Limonium carolinanus), salt-marsh bulrushes (Scripus sp.), sand spurry (Spergularia marina), high-tide bush (Baccharis halimifolia), marsh elder (Iva frutescens), cattails (Typhas sp.) and spike rush (Eleocharis rostellata).

TIERING

A way of placing personal wireless service facility applications in one of three categories: Tier One, Tier Two (a) or (b), and Tier Three.

[Added 1-23-2024 by L.L. No. 3-2024]

TOWER

Any structure built for the sole or primary purpose of supporting any Commission-licensed or -authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. A tower may be concealed (examples include but are not limited to unipoles, flag poles) or nonconcealed such as:

[Added 1-23-2024 by L.L. No. 3-2024]

LATTICEA vertical, multilegged, self-supporting tapered style of tower that consists of vertical and horizontal supports with cross bracing intended to support associated telecommunications equipment. This type of tower is designed to support itself without the use of guy wires or other stabilization devices.

MONOPOLEA style of freestanding tower consisting of a single shaft usually composed of two or more stacked hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself and associated telecommunications equipment without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building roof.