Town of Southampton, N.Y., Code 330-403, 410 (current through Oct. 24, 2017)
Brief Summary
Permits "agricultural use" in 6 of 7 districts within the town's "Riverside Overlay District." These uses do not include animal husbandry. Additionally, greenhouses, urban agriculture structures, and solariums are permitted to extend 10 feet above the maximum building height limit.
Legal Strategies
Expressly allows something.
Creates an exemption.
Limited scope. This provision only applies to the Riverside Overlay District.
Food System Category: Grow
State: New York
Jurisdiction Type: Township
Jurisdiction Name: Southampton
Does the law refer to priority populations in some way?
Unclear. Refers to "principles of social, economic and environmental responsibility" (§ 330-401(B)); and to a goal of "[p]rovid[ing] for a diverse mix of residential living choices." (§ 330-401(E )(9)).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. "Promote the health, safety and general welfare of the Town." § 330-401(B). "Promote sustainable and mixed-use development that creates a network of connected streets, parks, walkways and vibrant street-level storefront commerce that will provide for an activated environment along with a sense of security and safety." § 330-401(E).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. "Encourage green building design, including sustainable technologies such as rooftop gardens and agriculture, storm water management, photovoltaic energy sources and other renewable energy and water and energy conservation technologies." § 330-401€.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. "Expand employment opportunities throughout the Hamlet Center and surrounding area." § 330-401€.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "This Article is intended to promote the health, safety and general welfare of the Town by creating a holistic and comprehensive economic development strategy that utilizes the principles of social, economic and environmental responsibility to reestablish the Hamlet of Riverside as a center of vibrancy within a mixed-use, transit-oriented setting. [It] is intended to create an opportunity for a more economically successful and environmentally responsible hamlet center with a more harmonious and pedestrian-oriented public realm than can be achieved under the regulations in the underlying zoning . . . . The primary purpose of this article is to institute a legally enforceable form-based code within the ROD Zones, based upon [several studies and plans]. This Article establishes development rules and procedures that will result in compact and walkable transit-oriented mixed-use development accessible on foot to the train station in Riverhead. . .This Article is further intended to implement a streamlined process of development application review and approval ... to expedite economic development that fulfills the purposes of this article." § 330-401 (B) and (C). Further explains specific objectives of the Riverside Overlay District to include: expanding employment opportunities; encourage green building design which includes rooftop gardens and agriculture; and other uses. See § 330-401 (E).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. 330-403.
Does the law address implementation in some way?
Yes. "The Building Inspector shall adopt rules ... for the purpose of assuring efficient and uniform administration of its provisions."§ 330-179 (c ).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Violations may be punished by a fine up to $1,000 or imprisonment up to six months, or both, for first offenses. For second and subsequent offenses, fines increase. § 330-186(B).
Does the law include an evaluation component, beyond reporting on activity?
Does the law require an extra or atypical financial or resource investment?
Code context and ordinance history
Part 1, Administrative Legislation; Chapter 330 (Zoning); Article XXXI (Riverside Overlay District (ROD)); Sections 330-403 (Definitions) and 410 (Uses and Development Standards). History: Added 12-22-2015 by L.L. No. 30-2015.