HomeMy WebLinkAbout06.02.2025 ZUAC Findings and Recommendations ReportSouthold Zoning Update Advisory Committee Report
SOUTHOLD ZONING UPDATE
ADVISORY COMMITTEE REPORT
Image Source: Southold Town Comprehensive Plan
June 2nd, 2025
This report was prepared with funding provided by the New York State Department of State under Title 11 of the Environmental Protection Fund.
2 | PageSouthold Zoning Update Advisory Committee Report
I) Introduction
II) Summary of Anticipated Build-Out
III) Comprehensive Plan Goals and the Zoning Update
IV) Prioritizing the Comprehensive Plan for the Zoning Update
VI) Findings and Recommendations
VII) Conclusions
VIII) Appendices
IX) References
Regulatory:
8. NYS Building Code 2020
a. Chapter 2 (Selected) Definitions
b. Chapter 3 Occupancy Classification and Use
c. Chapter 11 Accessibility
d. Chapter 12 Interior Environment
e. Chapter 16 Structural Design
f. Appendix G Flood-Resistant Construction
9. NYS Residential Code 2020
a. Chapter 2 (Selected) Definitions
b. Chapter 3 Building Planning
c. Chapter 27 Plumbing Fixtures
d. Appendix Q Tiny Houses
10. NYS Existing Building Code 2020: Chapter 2 (Selected)
Definitions
11. NYS Multiple Dwelling Law Selections
1. The Town of Southold should be a Pro Housing Community, Alvin Schein
2. Peconic Land Trust & Town of Southampton Presentation,
Monitoring and Enforcement of Conservation Easements
3. Regulatory Analysis of Minimum Dwelling/Tiny Home Sizes
4. ZBA Code Interpretations
5. Regulatory Analysis of Accessibility Requirements
6. Flow Chart Regulatory Analysis of Chapter 240 Subdivision of Land
7. Smart Planning for Southold Presentation, by Heather Lanza
TABLE OF CONTENTS
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I) INTRODUCTION
Purpose of this report
This report was prepared on the basis of review of the existing Zoning Code, community tours, hamlet community
workshops, and many meetings of the committee and subcommittees.
This report has been prepared by the members of the Zoning Update Advisory Committee with two fundamental purposes:
First, to document the activities of the committee to demonstrate the extent of involvement, due diligence, and public
outreach that has contributed to the findings and recommendations within this report.
Second, to serve as a guide and reference for committee members to use when reviewing the Public Review Draft and
subsequent drafts of the proposed Zoning Code (Chapter 280). The appendices and reference links are intended to facilitate
these reviews.
Mandate of the Zoning Update Advisory Committee
From correspondence received from Heather Lanza, Town of Southold Planning Director, on 10/11/23:
The charge for this committee from the Town Board is as follows:
• Work in cooperation with municipal officials and the project consultant on the zoning update project, and
• Review and provide constructive feedback about all aspects of the zoning update project including the following:
The public engagement plan; and
The public information sessions; and
Review of best practices and the best local approach to achieve the vision reflected in the Southold Town
Comprehensive Plan; and
Review of the new draft zoning regulations and their consistency with the Southold Town Comprehensive
Plan; and
• The committee will meet regularly for the duration of the zoning update project with an expected completion time within
24 months.
From the Town of Southold website for the Zoning Update:
“The Zoning Update Advisory Committee will have the responsibility to review and provide constructive feedback about all
aspects of this project.”
From the Work Plan submitted to the NYS Department of State, provided by Heather on 10/13/2024:
https://regionalcouncils.ny.gov/cfa/project/386484
Applicant: Southold (T)
CFA number: 118391
Award Amount: $338,000
Project Name: Southold Prosperity II - Land Use and Zoning Updates
Project Description:
The Town of Southold will analyze and update land use and zoning regulations to implement the community vision set
forth in their Local Waterfront Revitalization Program and Comprehensive Plan. The updates will ensure future growth is
sustainable and the regional economic drivers of agriculture, tourism, working waterfronts, and natural resources are protected,
while maintaining a strong and healthy local economy.
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Task 2: Zoning Advisory Committee
Establish a Zoning Advisory Committee (ZAC) to oversee all aspects of the project in cooperation with municipal officials
and the project consultant (if applicable). The Committee shall have at least one member from the planning board and zoning
board of appeals and shall include representatives from a large range of ethnic, social, and cultural backgrounds and a diverse
range of stakeholders, such as residents, civic leaders, business owners, elected officials, environmental experts, neighborhood
association representatives, and municipal board members.
The members of the ZAC shall conduct and oversee the development of the Zoning Code. The Committee
will generate ideas and build consensus, provide the consultant team with relevant information reflective of the
community’s current conditions and regulatory environment, review materials prepared by the consultant team (if
applicable) and provide constructive feedback. The Committee will also support each of the public participation and
outreach efforts, assist the consultant team in integrating the Zoning Code into the existing municipal code, and set the stage
for the adoption of the completed Zoning Code. The Contractor shall send a list of proposed members of the ZAC to the
Department for review.
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Products: List of proposed members of Zoning Advisory
Committee (ZAC). ZAC established.
Committee Members
1.Erin Argo
2. Megan Hood
3. Jeannette M Judge
4. Pat Kirkpatrick
5. Pastor Thomas MacLeod (resigned from committee)
6. Bruce Nelligan
7. Jim Rich, (Planning Board Chairperson) (replaced Don
Wilcenski)
8. Alvin Schein
9. Kevin Stuessi (Mayor of the Village of Greenport)
10. Leslie Weisman (Zoning Board of Appeals Chairperson/
Department Head)
11. Mark Terry (Assistant Town Planning Director)
12. Heather Lanza (Town Planning Director)
13. Al Krupski (Town Supervisor, Town Board Liaison)
1) Committee Timeline / Activities
April 16, 2024 - Grant Award A
August 2023 - Public Announcement
October 11, 2023 - Committee Selections Notification
October 19, 2023 - Kickoff Meeting
Zoning Update Website Support
The Zoning Update Website was launched on October 18,
2023
2) Community Tours
November 13, 2023 - Mattituck & Laurel
November 14, 2023 - New Suffolk & Peconic
November 17, 2023 - Cutchogue November 30, 2023 -
Southold (Hamlet)
December 11, 2023 - Greenport/East Marion/ Orient
July 24, 2024 - Fishers Island
3) Hamlet Community Workshops
February 26, 2024 – Mattituck / Laurel
March 2, 2024 - East Marion
March 3, 2024, Orient
March 7, 2024, Greenport
March 14, 2024 - Cutchogue/ New Suffolk
March 23, 2024 – Southold / Peconic
July 24, 2024 – Fishers Island
4) Committee Meetings and Agenda
May 15, 2024
June 10, 2024, Mattituck & Cutchogue Zoning Map Review
June 24, 2024, New Suffolk, Peconic, Southold Zoning Map
Review
July 1, 2024, Southold, Greenport Zoning Map Review
July 15, 2024
July 29, 2024, East Marion, Orient, Fishers Island Zoning Map
Review
August 12, 2024, Review, Identify Areas of Opportunity &
Concern
August 26, 2024
September 16, 2024
March 26, 2025
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II) SUMMARY OF ANTICIPATED BUILD-OUT
The build-out analyses included in the Comprehensive Plan (Refer to Reference #1 for the Town of Southold Comprehensive
Plan) states that 13,818 housing units already exist in the Town of Southold, plus an additional 1,191 in Greenport Village for
a total of 15,377 units, and that full residential build-out as currently zoned would allow for 1,840 units on existing lots plus
an additional 2,538 units through the subdivision of larger lots, mostly unprotected open land, for a total of 4,378 additional
dwelling units. Assuming that the analysis in the Comprehensive Plan is accurate, this represents an increase of 32% over
the existing residential build out. It is important to note that potential residential build out is most significant in Cutchogue,
Mattituck/Laurel and Southold Hamlets. Similarly, commercial and industrial build out potential is the greatest in these same
three hamlets, due to the amount of undeveloped / unprotected land in each.
The build-out analysis for housing units is broken out by hamlet as follows:
• In Cutchogue, the Comp Plan states that there were 1,496 acres of land available for development. New lots created by
subdivision could yield 640 new residential buildings, plus an additional 239, for a total of 879 potential new residential
buildings. The Comp Plan does not identify the number of existing housing units in Cutchogue as of the date of the
Plan.
• In East Marion, the Comp Plan states that there were 863 existing housing units at the time of the plan, and build out
would allow 287 additional units, an increase of 33.2%.
• On Fishers Island, the Comp Plan states that there were 554 existing housing units at the time of the plan, and build out
would allow 234 additional units, an increase of 42.2%.
• In Greenport West (not with in the Village of Greenport), the Comp Plan states that there were 1,837 existing housing
units at the time of the plan, and build out would allow 311 additional units, an increase of 16.9%.
• In Mattituck and Laurel, the Comp Plan states that there were 3, 151 existing housing units at the time of the plan, and
build out would allow 39 additional units, an increase of 35.8%.
• In New Suffolk, the Comp Plan states that there were 307 existing housing units at the time of the plan, and build out
would allow 39 additional units, an increase of 12.7%.
• In Orient, the Comp Plan states that there were 777 existing housing units at the time of the plan, and build out would
allow 321 additional units, an increase of 41.3%.
• In Peconic, the Comp Plan states that there were 456 existing housing units at the time of the plan, and build out would
allow 321 additional units, an increase of 70.4%.
• In Southold Hamlet, the Comp Plan states that there were over 3,600 existing housing units at the time of the plan, and
build out would allow 764 additional units, an increase of 21.2%.
On page 6 of the Comprehensive Plan, under the heading Handling Future Development, the Plan states:
“Although future actual buildout is expected to be much lower than the theoretical buildout, especially in terms of
residential development, there will be significant growth over time.”
This expectation of lower growth has been further supported by an analysis prepared by the Planning Department of the
Town of Southold, presented to the Southold Town Zoning Update Advisory Committee on September 12, 2024, and
included as Appendix 7 in this report.
This analysis shows the total number of lots created by subdivision from 2010 through 2023 [84], and noted that an additional
47 new lots were pending subdivision at the time of the presentation.
The analysis also provides a bar graph of new home permits issued per year from 2005, through 2023 The presentation does
not provide the total number.
Finally, it shows a summary of the Town’s “Land Preservation Tracking Report”
The analysis concludes: “The takeaway is that our programs are working very well when it comes to slowing, reducing, and
avoiding the subdivision and conversion of farmland.”
The Planning Department’s analysis bases its optimism on historical trends over the last 20 years, and projects that the historic
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III) COMPREHENSIVE PLAN GOALS & THE ZONING UPDATE
IV) PRIORITIZING THE COMPREHENSIVE PLAN GOALS FOR THE ZONING UPDATE
Comprehensive Plan Goals:
Goal 1 Update the Town Code
Goal 2 Review and Update Zoning, Town-Wide
Goal 3 Enforce the Town Code
Goal 4 Improve Traffic Congestion and Safety
Goal 5 Protect the Town Character
Goal 6 Protect and Enhance the Town’s Natural Resources & Environment
Goal 7 Economic Prosperity
Goal 8 Enable the Creation of Attainable Homes
Goal 9 Retain and Advance the Business of Agriculture
Goal 10 Continue to Preserve Farmland and Open Space
Throughout this process, the committee has actively engaged with the community, hosting workshops and gathering input
from local residents. Many community members, along with several committee members, have voiced deep concern that
Southold is at a tipping point—where the town’s character is at serious risk. If these changes were to unfold too rapidly,
Southold could become unrecognizable to both residents and visitors, undermining many of the goals set forth in the Com-
prehensive Plan.
From the committee’s earliest discussions, Town Planning Director Heather Lanza noted that while this Zoning Update is de-
signed to support all 13 goals outlined in the February 2020 Southold Town Comprehensive Plan, some goals may inherently
conflict or compete with one another. She emphasized that a key part of the committee’s role is to prioritize and balance these
objectives—engaging with stakeholders to ensure that the zoning changes lead to the best possible outcome.
The following findings are made with this mission in mind: how to use this zoning update to help realize the goals of the
Comprehensive Plan, i.e., to help envision and create the best possible future for the Town of Southold.
trends will continue for the foreseeable future. The concern of committee members is that outside forces may invalidate this
assumption. These outside forces include increased demand in the real estate market accelerated because most of the land
in nearby communities has already been developed, particularly on the South Fork. This, and the dramatic increase in home
prices since the pandemic appear to have created a tipping point, or point of inflection, after which previous trends may not
be useful in predicting future growth.
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VI) FINDINGS AND RECOMMENDATIONS
Goal 1: Update the Town Code
“Revise the Town Code, particularly the Zoning Chapter and other Land-Use-related chapters, to be easier to use.”
Findings
a) While Chapter 280, Zoning, is the focus of this Zoning
Update, the committee has identified other chapters of the
Town Code that can benefit from updates at this time, if only
to eliminate conflicts with underlying State regulations that
take precedence over local town code.
As an example, Chapter 148 Flood Damage Prevention, was
most recently updated in 2009. Changes to the underlying
state codes and has largely made this chapter obsolete.
Additionally, consolidating Definitions, found throughout
the Code, perhaps into a stand-alone chapter, would
greatly reduce conflicts within the Code and the associated
confusion such conflicts generate.
b) Similarly, Chapter 240 Subdivision of Land which
was updated in 2004 to help encourage agricultural lands
preservation (Chapter 70) still allows for development of
open land that would be in contradiction to the goals of the
Comprehensive Plan, notably Goals 5, 6, 9 & 10
c) Regarding ease of use, the current Chapter 280 Zoning,
uses terms and definitions that are not coordinated or
reconciled with those used in the NYS Building Code. These
discrepancies lead to confusion on the part of applicants to
the Department of Buildings, and on the part of Building
Department staff reviewing applications.
Recommendations
a) See Goal 12 Below for recommendations regarding
Chapter 148 Flood Damage Prevention.
b) Chapter 240 Subdivision of Land should be analysed
and updated to align with the goals of the Comprehensive
Plan, and the changes made to Chapter 280 as part of this
zoning update. Please see Appendix #4 for ZBA Code
Interpretations. Please also see Appendix #6 for a Flow
Chart Regulatory Analysis of Chapter 240 Subdivision of
Land.
c) Terminology - reconcile definitions and other terminology
in Chapter 280 with the NYS Building Code (2020, based
upon the 2018 IBC), particularly Chapter 3 Occupancy
Classifications. This Chapter defines all the various
occupancy groups allowed in the state, and used to file
with any building application. For example, all Residential
Occupancies fall into three groups, R-1, R-2 and R-3. It
would be prudent to use these groups and listed occupancies
in the new zoning code. Please see Appendix #8-10 for
various examples of definitions and terminiology already
defined by the state code that would be relevant to utilise for
the zoning update.
01
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Goal 2: Review and Update Zoning, Town-Wide
“Ensure that the existing zoning is appropriately located, uses are of the appropriate scale and intensity for the location, and all
are consistent with the other goals of this plan.”
Findings
a) Chapter 280 is the focus of this Zoning Update.
Recommendations
a) This report constitutes the recommendations of the
Zoning Update Advisory Committee for the review and
update of Southold zoning, Town-Wide
02
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03 Goal 3: Enforce the Town Code
“Land use regulations contribute to protecting Southold’s community character and quality of life. Most people comply with
those regulations voluntarily; however, occasional reminders are necessary. During every public meeting conducted as part of this
comprehensive plan update, the topic of code enforcement was raised.”
Recommendations
a) The Town of Southold has created a Short-Term Rental
Task Force to address this issue. The task force has been
“established to address growing concern and to align with
the Comprehensive Plan” It is hoped that this task force will
develop a solution that can limit illegal short-term rentals,
and thereby increase the number of housing units available
for year-round rental. Provisions in the Zoning Code
should clearly limit short term rentals and establish clear and
consistent rules throughout the Town.
b) This committee recommends addressing problems
associated with illegal use of single and two family houses as
multiple dwellings by creating legal opportunities for worker
housing and seasonal worker housing both in the hamlet
centers, and at farms. If successful, this could support local
businesses and farms, ease, in part, our crisis in affordable
housing, and by providing housing nearby to work locations,
help ease traffic congestion.
c) The Town should carefully enforce the law regarding
Substantial Improvements and repair of Substantial Damage.
New York State provides a worksheet to allow property
owners and regulatory bodies to accurately calculate SI/SD
to determine regulatory obligations. Please see Reference #3
for the NYS Worksheet for SI/SD calculations.
d) See Goal 1, Findings & Recommendations (c)
Findings
a) Enforcement of Chapter 280 is essential to achieving the
overall goals of the Comprehensive Plan. As an example,
much of the Town’s housing inventory is used for short-
term rentals during summer months through Air BnB in
violation of limits set in Chapter 280 for that Town as well
as within the Village of Greenport. This illegal use increases
non-resident property ownership and significantly reduces
the number of housing units available for residents. This
drives up prices and aggravates our affordable housing crisis
and related problems such as traffic congestion and low
enrollment in our schools.
b) Similarly, many houses within the Town are used illegally
as multiple dwellings or boarding houses that are owned as
real estate investments by unidentified landlords, some of
whom ignore safety violations that can endanger the life of
occupants, often immigrants whose labor the community
relies on.
c) In the NYS Building Code and Residential Code,
compliance with the most recent codes, including
requirements for flood resistant construction for existing
structures in a flood zone is triggered when “substantial
improvements” are made, and/ or when repairs of
“substantial damages” of buildings and structures are made.
To avoid the cost and inconvenience of bringing existing
buildings up to code, property owners frequently”game”
regulatory requirements so that work can be performed
bit by bit, under separate applications so that substantial
improvements and repairs can be made without full
compliance, defeating the intent of the law.
This lack of compliance puts structures and their occupants
at risk, and puts the community at risk for the cost of
infrastructure and public safety services supporting such
illegal structures.
d) Inconsistencies, lack of clarity, and contradictions within
the Chapters of the Town Code, and between the Town
Code and other regulations which have jurisdiction in the
Town of Southold complicate interpretation of the code, and
make it more difficult to use (See Goal 1). Additionally such
issues compromise the enforcement of the code and create
potential loopholes that may allow applicants to circumvent
the intention of the code.the intention of the code.
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04 Goal 4: Improve Traffic Congestion and Safety
“Ensure infrastructure supports Town residents and businesses.”
Recommendations
a) Achieving many of the goals of the Comprehensive
Plan will help mitigate traffic congestion issues. Increasing
the quantity of affordable housing can help reduce the
number of workers commuting to the town on a daily
basis. Encouraging walkable communities around hamlet
centers can increase pedestrian traffic and reduce vehicular
traffic. Shifting light industrial uses, landscape businesses and
contractors yards away from hamlet centers can further ease
traffic.
Findings
a) The impact that the potential residential, commercial and
industrial build out is projected to have on traffic is profound.
For example, total traffic in Cutchogue, the most affected
hamlet, is projected to more than triple: from approximately
30,000 vehicles per day to nearly 110,000 vehicles per day on
the only two East-West major roads in the Town (Route 48
and Route 25) (see Comp Plan fig. 4.8). In this full build-out
scenario, traffic would increase and the daily ‘trade parade’ of
construction and service workers commuting into and out of
the Town would choke our roadways.
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05 Goal 5: Protect the Town Character
“Southold retains much of its small-town charm, characterized by a natural and built landscape of wetlands, creeks, bays and
shorelines; scenic vistas of farmland and open space along CR 48; and historic homes, churches, and small scale locally owned
businesses along Rt. 25 (Main Road). Demographically, Southold has historically been populated by families raising children in a
year-round community of homeowners.”
Recommendations
a) Protecting community character is inextricably related
to the successful implementation of a number of other
interrelated goals and strategies discussed throughout this
report and in the C.P. (specifically Goals 6, 9, and 10 related
to protecting natural resources, agriculture and open space;
Goal 7 economic prosperity; and Goal 8 attainable housing).
b) These businesses can be situated along Route 48, provided
they are set back to maintain goals of the NYS DOT’s Scenic
Byways Corridor Management Plan for the North Fork Trail.
Please see Reference #2 for the NYS DOT’s Scenic Byways
Corridor Management Plan.
Zoning could also permit housing along Route 48, with a
100-foot setback behind it for these yards. The areas along
the railroad tracks, which are already industrial, would also be
suitable for such uses. Outside of hamlet centers, along the
main roads, contractor yards can be located with significant
setbacks and appropriate screening. For existing yards and
semi-retail spaces, such as stone yards and garden centers, the
use of decorative screening buffers should be encouraged,
along with relocating activities further from the road.
Concerns were raised that new development may increase the
number of curb cuts along CR 48 / NY 25 can add to already
hazardous traffic conditions. Additional curb cuts should be
discouraged and access to lots facing CR48/NY25 should be
made from adjacent North/South streets.
c) To protect the architectural character and scale of historic
homes, buildings, small scale businesses, and hamlet center
streetscapes, create historic overlay zones, where appropriate,
which require that future development incorporate form-
based zoning standards. Continue to review, improve, and
update the town code “Big House” legislation.
Findings
a) Southold has experienced drastically increased home and
land values. Development pressures on the Town appear to
be increasing at an accelerating rate and have created the risk
that inadequately restrained development will rapidly and
irreversibly alter the fundamental character of the Town.
Many believe that Development Rate Trends, discussed
in Chapter 3 of the Comprehensive Plan are no longer
applicable.
b) Some businesses are not well suited for the hamlet centers,
such as landscape businesses, and contractor’s yards.
c) The architectural character and scale of historic homes,
buildings, small-scale businesses, and hamlet center
streetscapes are increasingly threatened by new development
that is out of scale or inconsistent with the historic context.
Current zoning regulations do not always provide adequate
protections to ensure that new construction and renovations
respect the established architectural patterns, materials, and
proportions of these areas.
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06 Goal 6: Protect and Enhance the Town’s Natural Resources & Environment
“The importance of managing and preserving Southold’s natural resources while promoting responsible user experiences is
paramount in maintaining the quality of life within the Town.”
Recommendations
a) See relevant recommendations under Goals 10 and 12,
Consider prohibiting uses and businesses that can potentially
contaminate soil, water, and/or air.
b) Develop formal cooperation agreements between
Southold and the Peconic Land Trust (and similar entities) for
shared enforcement, notification, and litigation strategy on
easement violations. Please see Appendix #2 for the Peconic
Land Trust & Town of Southampton Presentation about
monitoring and enfrocement of conservation easements.
Findings
a) The increase in residential, commercial, and industrial
development will place intense pressure on the town’s
natural resources & environment. Unchecked development
risks the fragmentation of critical habitats, the depletion
of groundwater resources, the increased contamination
of coastal waters, PFAS/PFOS in the drinking water,
and increases flood risks / coastal vulnerability. A rise in
impervious surfaces from new construction could exacerbate
stormwater runoff, leading to pollution and erosion in the
sensitive coastal and inland ecosystems that we have in the
Town of Southold.
b) Enforcement of conservation easements is often
undermined by lack of judicial familiarity, non-standard
easement language, and absence of municipal coordination.
This results in long, expensive legal processes for both the
Town and land trusts.
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07 Goal 7: Economic Prosperity
“Facilitate the growth of existing businesses, and encourage new businesses for stable and sustainable employment.”
Recommendations
a) Encourage large- and small-scale marinas that support
local recreational boating with the preservation of water
quality, working waterfronts and commercial fishing and
aquaculture. Balance the support of local agriculture with the
impact of Agritourism, including special events, on traffic
and quality of life.
b) Support certain permitted uses while considering the
adverse cumulative impacts of too many of them (e.g.
Hotels/motels, gas stations, battery energy storage systems
etc)
In addition, incentivize uses that are important to encourage
in the commercial zones:
• Community Housing
• Year-round businesses that provide year-round
substantial job opportunities
• Supporting businesses designed for the community as a
whole (child care, grocery stores, urgent care, recreational
facilities)
• Incentives for property owners could be the following:
- Administrative incentives (tax breaks)
- Floor area for the uses we want to encourage
- More housing above retail businesses; hybrid
zoning
- Increased density for housing
- Zoning incentives that trade square footage for
desired uses and buildout that gets the design you
want when redevelopment occurs
c) Create zones where businesses are welcome, thereby
encouraging local businesses but with better zones. Hamlet
centers and business districts should be encouraging retail
and restaurants, with walkability a high priority. Contractor
and landscaping yards don’t need walkability, making
placement outside of the hamlet business district more ideal.
This will also help to decrease traffic in the hamlet centers.
The use of setbacks and buffers to not block scenic views
on Route 48 while still allowing for commercial growth is
another way to encourage business without losing character/
beauty.
Form-based code design standards to discourage chain or
formula restaurants and retail and to keep the “small town”
look and character of the town.
d) Zoning for landscapers/contractors along the railroad
tracks in the industrial areas, outside the hamlet centers along
Main Road but with big setbacks and screening required.
Findings
a) Historically, Southold’s economy has been anchored by a
mix of industries, including agriculture, aquaculture, small-
scale manufacturing, and locally owned businesses that serve
both residents and visitors.
b) As land values continue to rise and development pressures
accelerate, Southold risks becoming increasingly reliant on a
narrow, service-based economy catering to seasonal luxury
housing, high-end tourism, and seasonal retail. This shift
could have far-reaching consequences for local businesses,
employment opportunities, and year-round economic
stability. A service-based economy centered on seasonal
affluence leads to job market instability, with employment
opportunities concentrated in lower-wage, temporary
positions rather than sustainable, full-time careers.
c) As the Town’s population continues to grow, businesses
have begun to sprawl away from the Hamlet centers, making
them difficult to reach without a car and diverting business
from the Hamlet centers. With the increase in population
also comes “chain” or “formula” retail and restaurant
businesses that wish to take advantage of the population
growth.
d) Currently, there are contractor and landscaping yards near
hamlet centers as well as in random places along both main
corridors.
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where existing yards and semi retail yards are- ie stone yards
and garden centers, encourage buffer zones of decorative
screening and move the activity back from the road. Along
Rt 48- allow housing along 48 with a 100 foot setback
with contractor yards behind the housing. This would help
maintain the scenic designation.
e) Consider prioritizing appeals before the ZBA that
encourage responsible economic and community growth, so
that more community-focused zoning issues (e.g., daycare for
the growing population) do not have to wait in line behind
less urgent community-wide needs (e.g., garage).
e) Often, much-needed businesses that would service year-
round residents (day cares, for example) must wait months to
be heard by the ZBA behind homeowner property requests,
thus discouraging those businesses from opening and placing
financial strain on them as they await ZBA approval.
07 Goal 7: Economic Prosperity
“Facilitate the growth of existing businesses, and encourage new businesses for stable and sustainable employment.”
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08 Goal 8: Enable the Creation of Attainable Homes
“The Town must take steps to facilitate the creation of attainable housing in Southold.”
Recommendations
The following recommendations address all of the findings
within the four following categories:
Establish goals for the number of affordable units within
the Town, and establish the mix for the goal between ADUs,
rental units, owner occupied units and workforce housing.
1. Increase inventory of ADUs
a) Create ADU code regulations that permit and encourage
both the conversion of existing accessory buildings and
the construction of new purpose built affordable ADU’s
in residential zone districts; offer financial incentives such
as reduced property taxes to homeowners who create an
affordable ADU; and apply flexible multi-use and multi-
family zoning in hamlet centers.
b) Incentivize accessory apartments as mixed retail- possibly
giving more commercial floor area in exchange.
c) Allow new construction detached ADU’s.
d) Increase minimum size of ADU’s from 220 sf to 350
sf. 220 sf is simply not enough to comply with state code.
Please see Appendix #3 for a regulatory analysis of minimum
dwelling sizes using existing code regulations.
e) Increase maximum size of ADU’s in secondary buildings
from 750 square feet to 1,000 square feet.
f) Allow 1.5 bathrooms in an ADU (instead of just 1
bathroom).
g) Adopt Real Property Tax Law Section 421-p that provides
an exemption of increased real estate taxes due to the
construction of an ADU. It is effective only if adopted by the
town & applies to newly constructed or converted buildings
of at least 10 units that are at least 25% income restricted.
(Please see Reference #7 for the Adopt Real Property Tax
Law Section 421-p).
2. Increase inventory of affordable rental units
a) Regulations to balance high end housing with commercial
uses in hamlet centers ( ie Griffin street in Cutchogue)
b) Incorporate higher density multiple dwellings in gateway
areas to hamlets.
3. Increase inventory of affordable owner occupied units
a) Prioritize permits to speed up processes and lower cost of
carrying property.
Findings
a) Based upon information provided by the Town, there
are very few affordable/attainable units. The Village of
Greenport Housing Authority has 77 units listed – 72
within the Village and 5 in Southold Town. The Cottages
at Mattituck include an additional 21 2-bedroom cottages.
This totals 98 plus a handful of additional affordable units
throughout the Town. There is a small number, perhaps 25
units in planning stages.
b) What mix of affordable units within the town will allow
it to maintain its economic vitality, and protect the Town
Character? Making this determination is not within the scope
of the work of this report, but there is guidance available
from other communities in the region t0hat can give us an
order-of-magnitude understanding of the challenge.
c) In the State of Connecticut, CT Section 8-30g of
the Connecticut General Statutes, also known as the
“Connecticut Affordable Housing Land Use Appeals
Procedure, established a goal of 10% of dwelling units for
affordable housing. While this may be a crude metric, we
believe it to be a reasonable goal and useful in considering
the Zoning Update. The Regional Plan Association (RPA) has
created a Plan for Affordable Housing Guide for Connecticut
that could be a useful tool for Southold Town. Please see
Reference #4 for the RPA Plan for Affordable Housing
Guide for Connecticut.
The RPA has recently released an additional report “Averting
Crisis - Zoning to Create Resilient Homes For All” that
identifies anticipated loss of housing due to flood hazards
and identifies existing “zoning deficits” where existing zoning
does not take into account anticipated loss of housing
units due to flood hazards and dilapidation, and anticipated
demand. Please see Reference #5 for the Averting Crisis -
Zoning to Create Resilient Homes for All Report. The report
was produced in partnership with the National Zoning Atlas,
a non-profit online zoning analytical tool. Please see reference
#6 for the National Zoning Atlas.
As of the date of the Comprehensive Plan (figure 2.12)
there were 15, 377 housing units in the Town of Southold,
i.e. 1,191 in Greenport Village and 14,186 in the rest of
the Town. Anticipated build-out based upon existing
zoning at the time of the CP would yield 1,840 new units
on existing lots and 2,538 units through the subdivision of
17 | PageSouthold Zoning Update Advisory Committee Report
08 Goal 8: Enable the Creation of Attainable Homes
“The Town must take steps to facilitate the creation of attainable housing in Southold.”
open land. 10% of the existing housing stock would
be 1,537 affordable units. With full build-out of the
existing zoning anticipating a total of 19,755 units, 1,975
affordable units would be required to meet a 10% goal.
Current requirements for attainable housing are limited
to 20% of units constructed under a subdivision of open
land. (recent changes eliminate a developer’s option to buy
their way out of this requirement). Assuming that 2,538
units identified in the CP (i.e., ignoring development that
has occurred since the CP was issued which has yielded
no affordable housing units) 20% of 2,538 would generate
a total of 507 affordable units at maximum build out,
only about 26% of a 10% goal. This built-out condition
would replicate challenges currently being faced on the
South Fork. There, because most of the land is already
developed, or protected, communities are contemplating
purchasing market-rate housing for conversion to
affordable housing, despite prohibitive costs. Southold
can avoid this dilemma by prioritizing affordable housing
now.
d) The inability of younger middle-class and working-class
households with children to find housing in the Town has
already caused declining attendance at schools (with an
average class size of only 15 students and annual per pupil
expenditures of $43,000) which may force the closing and
consolidation of schools.
e) Lack of sufficient numbers of younger adults threaten
critical volunteer community services (whose current
average age is over 60), notably the volunteer fire
departments and EMT services. Such a demographic gap
could force the Town to hire salaried fire firefighters and
salaried EMT workers, resulting in a significant increase
in the Town’s budget and the real estate taxes necessary to
support that budget. (Also, see Goal 5, Protect the Town
Character.)
Over the past 24 plus years, (January 2010 to March
2025), only 51 accessory apartments were approved in a
legally existing accessory building on a lot with a principal
dwelling, per code required standards. The vast majority
(44) were created for occupancy by family members;
while only 7 were designated specifically for occupancy by
persons eligible for affordable housing.
f) Short term rentals have removed a high percentage of
starter, lower cost houses.
4. Increase inventory of worker housing
a) Encourage businesses, particularly hotels, to provide employee
housing by offering incentives such as the ability to operate
additional hotel rooms beyond current zoning allowances. A
similar approach could be applied to other industries, granting
businesses specific benefits—such as increased capacity or
operational flexibility—in exchange for dedicating a portion of
their space to workforce housing.
Additional recommendation:
5. Rezone the areas of Greenport West that have access to the
Greenport sewer system to permit development of multiple
dwellings and not single family dwellings.
6. Adopt a NYS tax real estate tax exemption statute called
421-pp. It applies to newly constructed or converted buildings
of at least ten units that are 100% income restricted. Please see
Reference #11 for the NYS tax real estate tax examption statute
421-pp.
7. Please see Appendix #1 “The Town of Southold should be
a Pro-Housing Community” for additional recommendations,
contributed by Alvin Schein.
18 | PageSouthold Zoning Update Advisory Committee Report
09 Goal 9: Retain and Advance the Business of Agriculture
“Agricultural uses occur on 30 percent of the land area in Southold Town, are important to the economy, and represent vital
elements of the community’s character.”
Recommendations
a) Continue to encourage farmers to sell development rights
to the town via the Community Preservation Fund.
Ensure that farmland is zoned R-80 at a minimum if not
preserved.
b) Allow farms to provide worker housing on farmland,
provided the housing is commensurate with the number of
workers needed on the farm.
c) Allow reasonable and sustainable agritourism to take
place on farms, including farm stands (possibly with less/
more reasonable restrictions) and animal interactions and
experiences.
Findings
a) The continued conversion of farmland into residential
neighborhoods threatens the viability of the agricultural
industry and is directly in contradiction to the Town’s goal
of preserving the scenic vistas of farmland . A threat for
unpreserved farmland is housing/subdivision/development.
b) With rising housing costs and a diminishing stock of
workforce housing, farm laborers are being priced out of the
area. Many cannot afford to live in Southold and are forced
into long, costly commutes, making it increasingly difficult for
farms to attract and retain a stable workforce.
c) With the rise of real estate prices on the North Fork, the
business of agriculture is only set to decline, thus negatively
impacting our economy.
Image Source: Parichat - stock.adobe.com
19 | PageSouthold Zoning Update Advisory Committee Report
10 Goal 10: Continue to Preserve Farmland and Open Space
“Southold’s character is created in large part by its open spaces, including farmland, natural lands, and parks.”
Recommendations
a) Encourage farmers to sell development rights to the
town to encourage preservation. Ensure that farmland is
zoned R-80 at a minimum if not preserved. Find ways to
encourage/incentivize agriculture and discourage farmers
from selling farmland to developers.
Prioritize land preservation within the zoning code as much
as possible.
Offer incentives such as reduced local taxes (in addition to
the state ag assessment) if owners agree to preserve farmland
or engage in agricultural production. This encourages
landowners to keep their land in farming rather than selling it
for development.
An agricultural district overlay could include provisions that
make it easier for farmers to build structures such as barns,
greenhouses, or farm stands. It can also help farmers diversify
their incomes through agri-tourism while preserving the
agricultural nature of the land.
Findings
a) Farmland and open spaces, as mentioned before, will
ultimately be lost to development, risking the town’s character
and creating a plethora of additional issues that are outlined
under several other comprehensive goals.
Image Source: Leon718 - stock.adobe.com
20 | PageSouthold Zoning Update Advisory Committee Report
11 Goal 11:Provide Quality Human Services
“To meet the needs of its citizens, the Town should continue to fund its rich array of programs and resources for people as well as
seek to improve their lives through additional resources.”
Recommendations
a) See relevant recommendations under Goal 8, Attainable
Housing and Goal 7, Economic Prosperity.
Ensure that the new zoning text encourages and incentivizes
the creation of childcare services to allow the local workforce
to reside in Southold Town, and allow both parents of
children to be able to work.
The zoning code should also encourage and incentivize the
creation of healthcare services for all age groups of the
Town’s population. This could occur in the hamlet zoning
district, allowing for mixed-use development - housing, retail
and services.
Findings
a) Southold’s ability to provide essential services like
healthcare, senior care, and childcare depends on a stable
local workforce. However, rising housing costs are making
it difficult for service providers to live in town, leading to a
reliance on an imported workforce that must commute long
distances.
This increases costs, limits service availability, and reduces
accessibility, particularly for vulnerable groups like seniors
and low-income families. Long commutes and a lack of local
providers result in longer wait times, fewer services, and
difficulty retaining skilled professionals, ultimately straining
Southold’s human services infrastructure.
Image Source: Clement Coetzee/peopleimages - stock.adobe.com
21 | PageSouthold Zoning Update Advisory Committee Report
12 Goal 12: Prepare the Town for Natural Hazards
“Southold Town is subject to natural hazards, including hurricanes, flooding, and sea level rise, which can imperil human lives,
property, and the environment.”seek to improve their lives through additional resources.”
Recommendations
a) The Town must adopt a Flood Hazard Map in accordance
with NYS BC 1612.3
As permitted by NYS BC 1612.3.3, the Town should expand
the boundaries of the Flood Hazard Map to anticipated Sea
Level Rise in accordance with the NYC DEC projections
for the 75 percentile probability for 2050 (21” ~ 2 feet). See
Table 2 (below) as related supporting data.
This map should establish the boundaries of areas where
compliance with the Code for Flood Resistant Construction
must be created and capture all of the relevant coastal
hazard zones established in FEMA maps and other relevant
regulations having jurisdiction.
The Flood Hazard Map should also capture areas within
the town known to flood (by Town Engineer / Highways
Engineer) due to the particularities of our local geography,
hydrography and weather patterns.
Designation should be made even where these areas are at
higher elevation than currently designated by FEMA, or
anticipated as being affected by SLR. Related supporting data
should be provided in accordance with the Code as evidence
supporting their inclusion to minimize legal challenges to
such designation.
b) The ideal mechanism for meeting this State requirement
would be to rewrite Chapter 148 of the town code to clearly
reference the provisions of the NYS Building Code, NYS
Existing Building Code, and NYS Residential Code. Write
these references so that they refer to the most recent Codes
adopted by NYS so that our local Chapter 148 remains
compliant with the most current state codes which have
jurisdiction. These codes’ definitions for Substantial
Improvements and Repairs of Substantial Damage must be
carefully enforced.
Findings
a) Southold Town is vulnerable to natural hazards such
as hurricanes, flooding, and sea level rise. The town’s
growing development, especially in areas vulnerable to these
hazards, exacerbates these risks. As more land is developed,
impervious surfaces—such as roads, parking lots, and
buildings—replace natural landscapes like wetlands and
forests, which once helped absorb rainwater, reduce flooding,
and protect against storm surges. The increase in impervious
surfaces disrupts the natural flow of water, leading to higher
volumes of runoff during storms and heavier flooding,
particularly in low-lying areas. This runoff can overwhelm
drainage systems, erode coastlines, and damage infrastructure.
b) The current Chapter 148 of the Town Code, Flood
Damage Prevention, was drafted in 1993 and most recently
updated in 2009. Since 2009 New York State has adopted a
new NYS Building Code, based on the IBC, first adopted in
2010 and updated in 2020 (Please see Reference #8 for NYS
Building Code 2020). Similarly, the current NYS Residential
Code was adopted in 2010 and updated in 2020 (Please see
Reference #9 for NYS Residential Code 2020). Both codes
have sections that specifically address flood hazards: Section
1612 of the NYS Building Code identifies Flood Loads and
reference design standards ASCE 7 Chapter 5 and ASCE
24 (See Appendix #8e). These reference standards are
produced and regularly updated by the American Society of
Civil Engineers. Appendix G, Flood-Resistant Construction
(See Appendix #8f), establishes requirements across the full
range of applications including administrative requirements
and requirements for the subdivision of land. Appendix
G similarly references ASCE 24, Flood Resistant Design
and Construction. In the NYS Residential Code, Section
322, Flood-Resistant Construction provides prescriptive
requirements, but also allows compliance with ASCE 24 as an
alternative compliance path (See Appendix #9b).
All of these requirements must be met for any work
performed in the Town of Southold, and because the
requirements in Chapter 148 are now 16 years old, they
have largely been superseded by the more modern and
more restrictive requirement of the State Codes and ASCE
24. The State Codes and ASCE standards are updated
on a regular basis, making it difficult for communities like
Southold to keep its local Code in compliance with State
requirements.
Consequently, the existing Town of Southold Code is
22 | PageSouthold Zoning Update Advisory Committee Report
confusing both for applicants hoping to build in the Town,
and for Town personnel reviewing applications.
From NYS Building Code Chapter 16, Section 1612.3 (See
Appendix #8e):
“To establish flood hazard areas, each community (this includes Town
of Southold) regulated under Title 19, Part 1203 of the Official
Compilation of Codes, Rules and Regulations of the State of New
York (NYCRR) shall adopt a flood hazard map and supporting data.
The flood hazard map shall include, at a minimum, the special flood
hazard areas as identified by the Federal Emergency Management
Agency in the Flood Insurance Study of the community as amended or
revised with:
1. The accompanying Flood Insurance Rate Map (FIRM),
2. The Flood Boundary and Floodway Map (FBFM no longer
produced by FEMA), and
3. Related supporting data along with any revision thereto.
The adopted flood hazard map and supporting data are hereby adopted
by reference and declared to be part of this section.”
Thus creating a flood hazard map is already an obligation
of the Town. This could be included in a Coastal Resilience
Overlay Zone, or simply established by the Town in response
to its obligations under NYCRR Title 19, Part 1203.
c) We recognize that the effect of the surrounding waters on
the Town of Southold is more complex than the rise and fall
of tides. The Town regularly experiences extraordinary high
tides and (recently) low tides driven by wind strength, wind
direction and the shape of the Town’s geography and bodies
of water. This includes Storm Water Management – the
financial hazard of infrastructure investment in areas likely to
be subject to flooding.
We applaud the efforts of the Town’s Engineering
Department and Highway Department and their knowledge
of problem areas throughout the Town.
d) It is important to keep in mind that the FEMA flood
maps that all these codes reference are based upon actuarial
information because their fundamental purpose is to
determine flood insurance rates. They are by definition
backward-looking and assume a static state for our climate.
We know that this assumption is false and that we are in a
time of rapidly changing climate and rising sea levels.
The NYS Department of Environmental Conservation has
issued projections for Sea Level Rise as part of the State’s
recent update to NYS Rules and Regulations, Title 6 part 490,
provided below for reference.
Typical recommendations for the Long Island Region include
assuming the 75th percentile probability for Sea Level Rise in
our area, i.e. SLR of 21 inches by 2050.
c) The Town should avoid making infrastructure investments
in areas known or expected to be at risk of flooding.
d) To the extent possible, critical public safety services -
buildings, equipment storage, hospitals, senior care and other
emergency facilities, etc., should not be permitted uses in
areas that are or will be prone to flooding, according to the
most current data and SLR projection. In Chapter 280, such
uses should be prohibited from permitted uses in areas of
high risk flood hazard zones (FEMA V Zones, VE Zones
and Coastal A Zones). Exceptions should be made for
Marine Uses that will necessarily be located within the Flood
Hazard zones, yet are also necessary for Marine Access and
Safety.
Other uses that pose increased risk for life safety and
property damage and liability should be excluded as
permitted uses in high risk flood hazard zones.
The Town should consult FEMA and NYS maps referencing
coastal flooding and continue its efforts to protect or elevate
roadways and other access to maintain public safety during a
flood event or other emergency.
23 | PageSouthold Zoning Update Advisory Committee Report
It is important to note that the requirements in the code and
the projections for SLR will be revised on a regular basis
going forward and climate science develops and more data is
gathered. Code references to the standards adopted by the
State will be recommended for inclusion to updates of the
Southold Town Code (rounded up to the nearest foot for
SLR).
Additional recommendations:
e) Emergency facilities should be required to be equipped
with stand-by power generation that will allow them to
function stand-alone in the event of a power outage.
f) All new residential uses should be encouraged to be
constructed to allow residents to “shelter in place” during an
emergency.
g) Low-lying coastal areas should be prioritized for uses
that can better survive weather events including farmland,
forest/wooded lands, public parks and nature preserves,
thereby reducing the liability of a potentially developed area
and creating amenities that further support the goals of the
comprehensive plan.
h) The Town should obtain funding to undertake a Coastal
Assessment and Resilience Plan (CARP) like those prepared
for other Eastern Long Island towns. Such a plan can
identify longer term hazards and help better focus Town
resources for the future.
Community Risk And Resiliency Act (CRRA) - NYSDEC
24 | PageSouthold Zoning Update Advisory Committee Report
13 Goal 13: Provide Quality Parks and Recreation Opportunities
“Southold offers a diversity of recreational opportunities, from public tennis courts and playing fields, to nature trails and
beaches.”
Recommendations
a) The creation of Parks is consistent with several of the
Goals of the Comprehensive Plan, including: Goal 5 Protect
the Town Character, Goal 6 Protect and Enhance the Town’s
Natural Resources & Environment, Goal 10 Continue
to Preserve Farmland and Open Space, Goal 11 Provide
Quality Human Services, Goal 12 Prepare the Town for
Natural Hazards.
Expanding existing Parks and establishing new Parks in
coastal areas can simultaneously protect open land, natural
resources and reduce the risk of natural hazards.
b)Encourage the creation of additional public recreation
facilities, especially a public swimming pool. A pool and other
public recreational facilities could also effectively supplement
child care services, especially during summer months.
Findings
a) Southold’s valuable recreational spaces will be threatened
by the growing development pressures. Available land for
these amenities will be significantly reduced and the town’s
ability to expand or maintain these vital resources will be
extremely limited.
b) Public recreation facilities within the Town are notably
deficient and undermine many of the goals of the
Comprehensive Plan including Protecting the Town Character
and supporting families and Economic Prosperity. Notably,
many of the residents in the Town, and especially many
of its children do not know how to swim, creating both a
safety hazard, and denying them many of the joys offered by
Southold’s extensive coastline.
Image Source: Andrii - stock.adobe.com
25 | PageSouthold Zoning Update Advisory Committee Report
VII) CONCLUSIONS
The goal of the Zoning Update Advisory Committee is to advise the Town on how it should amend the Zoning Code to
bend the arc of inevitable change towards a future that will best realize the vision and goals of the Comprehensive Plan. The
Committee is mindful of the impact and import of these decisions on future generations of Southold residents. The Com-
mittee has taken this opportunity to encourage the Town to put into place zoning regulations that will incentivize and priori-
tize services, preservation, diverse housing and an economy that supports all local residents, whether they are aging in place or
are young families with children who will sustain enrollment in our local public schools and our volunteer fire departments as
older residents age out.
Certainly, zoning will not by itself determine the future of Southold, but it is one important tool to help steer our path for-
ward.
Image Source: Joe Trentacosti - stock.adobe.com
26 | PageSouthold Zoning Update Advisory Committee Report
VIII) APPENDICES
1. The Town of Southold should be a Pro-Housing Community, Alvin Schein
The Governor’s Pro-Housing Communities Initiative delivers up to $650 Million of discretionary funding each year for
communities that pledge to modestly increase their housing supply via “Pro-Housing Community” certification. This year,
Governor Hochul is proposing an additional $110 million in funding to cover infrastructure and planning costs for Pro-
Housing Communities.
The discretionary programs include:
• Downtown Revitalization Initiative, administered by the Department of State
• NY Forward, administered by the Department of State
• Regional Council Capital Fund, administered by Empire State Development
• New York Main Street, administered by New York State Homes and Community Renewal
• Market New York capital grants, administered by Empire State Development
• Mid-Hudson Momentum Fund, administered by Empire State Development
• Public Transportation Modernization Enhancement Program, administered by the
Department of Transportation
To date, 335 municipalities across New York State have applied for certification as Pro-Housing Communities. Brookhaven,
Southampton, East Hampton, Riverhead, Shelter Island and the Village of Greenport have all pledged to become Pro-
Housing Communities. Southold is the only municipality from Brookhaven to the eastern end of Long Island that has not yet
applied to be certified as a Pro-Housing Community.
By way of example, Riverhead recently received a capital improvement grant from the State in the amount of $1.4 million to
help build its downtown riverfront amphitheater. This grant amounts to 50% of the cost of the project. The amphitheater
will double as a public park, hosting activities like exercise classes, movie nights and children’s events. Similarly, the Village
of Greenport recently received a $1.2 million grant from the State to support the construction of a new outdoor ice rink at
Mitchell Park, for which the total estimated for the engineering and construction of the new ice rink is $1.7 million.
In contrast, the Town of Southold relies entirely on the issuance of bonds for infrastructure projects. Bonds are debt on
which interest must be paid until the capital amount has to be repaid. In practice, the total bond debt of the Town of
Southold grows each year as maturing bonds are reissued at the prevailing rate of interest at that time. A set of bonds totaling
$650,000 to maintain stormwater mitigation projects and sidewalk improvements were recently approved by Southold Town
Board. If the Town of Southold was a Pro-Housing Community, it is very likely that at least $325,000 of the cost of these
projects could have been covered by State grants, thus reducing
the amount of the bond issuance by at least half.
There is a common misconception that becoming a Pro-Housing Community involves “ceding zoning and land use to the
State”. This is not correct. This is the pledge of a Pro-Housing Community, verbatim:
A. Streamlining the permitting process for multifamily housing, affordable housing, accessible housing, accessory dwelling
units, and supportive housing;
B. Adopting policies that affirmatively further fair housing;
C. Incorporating regional housing needs into planning decisions;
D. Increasing development capacity for residential uses; and
E. Enacting policies that encourage a broad range of housing development, including multifamily housing, affordable housing,
accessible housing, accessory dwelling units, and supportive housing.
It should be apparent from the language above that the Pro-Housing Community pledge does not give the State the power
over zoning or land use. Instead, a policy framework is set out that is intended to stimulate the production of all types of
housing that a community needs, including affordable housing, accessible housing and ADU’s, all of which are critically
important for the preservation of the Town of Southold as we know it.
27 | PageSouthold Zoning Update Advisory Committee Report
2. Peconic Land Trust & Town of Southampton Presentation, Monitoring and
Enforcement of Conservation Easements
East End Supervisors and Mayors Meeting / April 9, 2025 (20-25 minutes)
History of Conservation Easements/ Primary Tool of Conservation (5 minutes)
- Public Purchased Easements/ Su:olk County Farmland Protection Program
o mid-1970s
o Purchase of Development Rights (Easement)
o Towns followed suit/ bond issues/ later CPF
o NYS §247 General Municipal Law initial enabling legislation
o NYS §49 Environmental Conservation Law provides broader authorization
to units of government and land trusts
- Private Donated Easements/ US Congress/ IRC 170(h)
o mid-1970s
o Donation of Conservation Easement (DRs)/ charitable deduction
o Qualified conservation organizations/ land trusts and units of government
o NYS §49 Environmental Conservation Law key enabling legislation for
land trusts
o Tremendous growth of land trusts (nationally and in NY)
- Public Regulatory Easements/ All levels of government
o 1970s onward
o NYS §247 General Municipal Law
o Wetlands setbacks; scenic easements; ag reserves/ cluster subdivisions
- Hybrid Easements
o Public Purchased Easements with Bargain Sale component
o Must meet IRC 170(h) requirements/language
o Donated Easement that meets, exceeds, or precedes cluster
requirements
o Land Trust as qualified holder of Public Regulatory Easements
o Third Party Enforcement among easement holders
Monitoring and Enforcement of Conservation Easements (6 minutes)
- Challenges
o Extraordinary number of easements
Town Easements (#; violations; litigation)
Trust Easements (#; violations; litigation)
o Extraordinary number of public and private easement holders
o Lack of consistency in easement documents
Easements necessarily evolve over time with lessons learned
Different jurisdictions/entities have di:erent templates
o Lack of consistency in monitoring easements
Lack of baseline documentation
Lack of consistent monitoring (PLT practice is annual)
o Tremendous cost to defend easements
28 | PageSouthold Zoning Update Advisory Committee Report
Land Trusts – TerraFirma Insurance
o Lack of case law and few precedents
Bad precedents impact all easement holders
Conclusion/ Where do we go from here? (7 minutes)
- Greater communication among easement holders
o Recognition that we are all in the same boat
o Share and discuss easement templates/ recognize that not one size fits
all
o Add checkbox on Municipal Permit Applications to identify all easements,
public and private
- Necessity of Baseline Documentation
o If you don’t have it, go out and get it
o Use GIS capabilities/ historical aerials as a starting point
- Necessity of Annual Monitoring
o How can we work together?
Joint monitoring/ onsite and remote
Sharing technology/ drones
- Regular Notification of Violations and Enforcement Actions
Joint Litigation Clearinghouse
Amicus briefs
- Share strategies to update problematic easements
Amend and restate easements when mitigation is necessary
Questions (7 minutes)
29 | PageSouthold Zoning Update Advisory Committee Report
1
East End Supervisors and Mayors Mee2ng
I. The Importance of Cooperation and Coordination Between Local Government
and Land Trusts
a. Conservation Easements are an extremely important land use tool for local
governments – for obvious reasons, and
b. They can be a valuable tool for private landowners who can achieve several
purposes:
i. they can dedicate the land to conservation purposes, limit the
development, and regulate the use of their land both during and
after their ownership; and
ii. they can obtain a charitable tax deduction for the value of any
development rights that are terminated and conveyed to the
easement holder, whether that is a land trust or the local
government – or both; and
iii. they can also potentially benefit from a reduction in the value of
their taxable estate as well as their property taxes.
c. But with the obvious benefits of these easements come some problems with
enforcing them.
i. The language and terms of conservation easements are not
standard and, with few exceptions, the terms are not directed or
required by State Law or the Internal Revenue Code.
ii. Conservation easements are increasingly negotiated instruments.
They are negotiated much more than they were 10 or more years
ago.
iii. And while PLT has a template for our easements, we have found
that landowners and grantors increasingly engage counsel to
represent them and to negotiate the terms of their particular
easement with their particular objectives in mind.
30 | PageSouthold Zoning Update Advisory Committee Report
2
iv. So nuances and differences in the language of various easements, as
well as differences in what they protect, allow and prohibit, can
result in differences that can cause interpretation and enforcement
issues.
d. There are several issues that complicate enforcement of both the older and
the newer easements:
i. First, generally, conservation easements were created by the
Environmental Conservation Law in 1983. “The law was a long
sought effort by conservationists and environmental groups to
bring this important conservation tool to use in partnership with
willing private land owners across New York State.”
ii. The Environmental Conservation Law defines a conservation
easement as an:
… interest in real property […] which limits or restricts
development, management or use of such real property for the
purpose of preserving or maintaining the scenic, open, historic,
archaeological, architectural, or natural condition, character,
significance or amenities of the real property in a manner
consistent with the public policy and purpose set forth in” the
law.
iii. But despite the 40 years since its enactment, there is not yet a well-
developed body of case law that defines the law in this area. This
complicates enforcement and makes enforcement very expensive
for both land trusts and the local government.
a. PLT filed its first enforcement action in 2016, against a
grantor that clear-cut 4 acres of land in Hampton Bays
claiming that the Southern Pine Beetle destroyed the forest,
at least half of which was oak.
b. We filed our second in 2019. In that case the landowner
acquired title to the land burdened by our conservation
31 | PageSouthold Zoning Update Advisory Committee Report
3
easement, and cut down over 100 trees on the day of the
closing – without notice or consent.
c. Both of those cases are still pending. (More on those cases
later)
d. Both local governments and the land trust have experienced
an increase in litigation and push back over the restrictions
in our conservation easements.
e. PLT’s easements require that the landowner notify us when
they transfer the property or take any action – even actions
that are otherwise permiaed – if the contemplated action
could or might adversely effect the conservation values or
purposes of the easement. But it is not clear that the courts
will consider a failure to give notice as a material breach or
violation of the easement.
f. At the moment, without coordination, a landowner can
apply for municipal permits without indicating that the land
is subject to a conservation easement that is implicated or
impacted by the permit application and eventual permit.
g. For example, in the Amagansea case, we hold an easement
on agricultural reserves that prohibits the cuaing or removal
of trees in certain expressly identified circumstances. And
those exceptions do not allow the clearing of trees simply to
enlarge the farmable area.
i. In that case, even though the landowner
argued that he wanted to engage in
agriculture, we obtained a preliminary
injunction against further cuaing and removal
of trees.
ii. In its decision, the Court correctly wrote “that
defendants’ tree clearing activity does not fall
within any of the express exceptions to the
32 | PageSouthold Zoning Update Advisory Committee Report
4
prohibition of that type of landscaping
activity.”
iii. But notwithstanding that conclusion, the Court
also seemed to suggest that it would entertain
defendants’ argument that they should
nonetheless be allowed to clear trees along the
perimeter of the property because that is what
farmers customarily do to maximize the usable
land.
iv. The Court then left open the question “whether
defendant’s tree clearing serves a benefit or
purpose supporting the overall suitability of
their land for agricultural and farming.”
v. This even though the easement provides to the
contrary.
vi. Even though clearing for agriculture is not one
of the express exceptions, the Court
nonetheless appeared to entertain the
argument that clearing might be permissible –
despite the express language of the easement.
e. Judges’ unfamiliarity with conservation easements, and the applicable law,
especially how they differ from more traditional restrictive covenants.
i. We have found that sometimes judges simply are not familiar with
conservation easements, the purposes they serve, the benefits they
provide – both public and private – and the legal differences.
ii. Before the Environmental Conservation Law was amended to
provide for conservation easements, New York law provided that
restrictive covenants were to be construed narrowly and strictly
against enforcement of the restriction, as they were viewed as a
limitation on the owner’s right to use his/her land.
33 | PageSouthold Zoning Update Advisory Committee Report
5
iii. The law provides that conservation easements are to be treated
precisely in the opposite manner: they are construed in favor of the
conservation easement holder and to further the easement’s
purposes.
iv. Judges are familiar with the first rule, which they learned in their
basic property class in law school; but they may not be familiar
with the rule as it applies to conservation easements. We have
found in our cases that judges need to be educated and reminded
that conservation easements are permissible restrictions on the
owner’s use of his/her own land.
II. Conflicts – or Perceived Conflicts – Between Local Law and Conservation
Easements
a. There should be few if any instances when a landowner cannot use his/her
land consistent with both the easement and local law (e.g. the Zoning Code).
b. But there are instances when something that is or may be permiaed under
local Zoning law is prohibited under a conservation easement.
c. And we have seen cases where the landowner has argued that a restriction in
a conservation easement – especially one that was agreed to by the original
grantor – is inconsistent with a local policy and should therefore be permiaed
under the conservation easement, and the restriction in the conservation
easement should be extinguished or unenforceable.
i. In the Amagansea case, the landowner argued that because the
land subject to the easement is an agricultural reserve, he should be
permiaed to do anything that furthers his agricultural use of the
property, even if it violates the easement. He has argued that the
Town’s policy of promoting agriculture and allowing farmers to
clear cut their land should override the language of the easement,
even though the original owner/grantor voluntarily restricted his –
and his successors’ – right to do so.
ii. But more important for this group, there are situations where, for
example, construction of a non-residential structure is prohibited
by the easement, or where it is permiaed only with PLT’s consent.
34 | PageSouthold Zoning Update Advisory Committee Report
6
The landowner may apply to the Town for a permit to erect a
structure – which is permissible under local Zoning. But the Town’s
application does not necessarily require that the applicant advise
the Town whether the property is subject to a conservation
easement.
A. If the permit is granted, the landowner will argue that the
permit overrides the conservation easement, complicating
enforcement of the easement.
B. In other cases, the easement may prohibit something that the
Town’s policy – although not even its own conservation
easements – supports. We have seen this in relation to farm
labor housing.
d. The law says that simply because some act is permiaed under local Zoning
law – such as construction of a non-residential structure – that does not mean
that the structure is or must be permiaed under the easement, or that the
prohibition in the conservation easement is not enforceable.1
e. This creates obvious enforcement and policy issues, as a court may be
inclined to view PLT’s – or even a Town’s – enforcement of its easement to be
unreasonable if it conflicts with a Town’s local law or Zoning Code.
f. We have seen cases where a landowner will apply for and secure a permit,
and then proceed to build the structure or do some other act that would (or
might) violate the conservation easement. But because code enforcement is
unaware of the conservation easement, they may green light the conduct.
1 As the New York Court of Appeals has stated:
“the use that may be made of land under a zoning ordinance and the use of the same land
under an easement or restrictive covenant are, as a general rule, separate and distinct
matters, the ordinance being a legislative enactment and the easement or covenant a matter
of private agreement.” Chambers v. Old Stone Hill Road Associates, 1 N.Y.3d 424, 432 (2004)
(“a particular use of land may be enjoined as in violation of a restrictive covenant, although
the use is permissible under the zoning ordinance”); Friends of Shawangunks, Inc, 64 N.Y.2d
at 392.
35 | PageSouthold Zoning Update Advisory Committee Report
7
i. We saw this in the Hampton Bays case. The landowner sought to
clear-cut 4 acres subject to our easement. He called Southhampton
and was told there is no municipal restriction against tree-cuaing.
So he started cuaing. When the neighbors called the police, the
police were told that it did not violate any Town law.
ii. And nobody thought to call the land trust. That litigation is now
ongoing since August 2016.
iii. The landowner’s violation of the easement, especially once it was
determined by the Court, impacted the tax abatement/reduction
otherwise available on that land.
g. The First Blue/Scuale Hole Horse Farm case. In this case, our easement
prohibits construction of residential structures. The Town of Southampton
has an easement on a different part of the Horse Farm. The landowner
wanted to build farm labor housing on the portion of the Horse Farm that is
subject to PLT’s easement restriction. We had deny permission – a decision
that was upheld in Supreme Court but which is now on appeal.
III. The Increase in Litigation
a. The Subsequent Purchaser Problem.
b. PLT has found that as the individuals who initially put a conservation
easement on their property later sell or transfer their property, the subsequent
purchasers or landowners are more likely to view the conservation benefits of
the easement as being less important; and they are more likely to violate or
challenge or seek modifications of the conservation easement.
c. We have seen this whether the property is sold, or simply inherited by or
transferred to the original grantor’s family members
d. And they are more likely to violate the easement and litigate their conduct.
e. Commencing and prosecuting, or defending, enforcement litigation is
expensive – for both of us. This has adverse impacts for all of us.
36 | PageSouthold Zoning Update Advisory Committee Report
8
f. Our experience is consistent with what other land trusts around the country
are experiencing.
g. Even though PLT’s easements require that a landowner give us notice when
he/she sells the property, and state in the deed that the conveyance is subject
to our easement, that requirement is rarely followed.
h. Joint Enforcement.
i. There are also some easements where the Town and PLT are “joint enforcers”
– where both of us have the right (and the obligation) to enforce violations.
These easements present special problems that warrant our coordination and
cooperation.
i. For these reasons, we believe that coordination and awareness of
the threats of litigation and/or the commencement of litigation –
whether by the landowner or by PLT or the Town – is important
and can be beneficial.
ii. A landowner should not be encouraged to argue in court that
his/her conduct is not a “material” violation because only one
“enforcer” is prosecuting the violation.
iii. We should have a clearinghouse or a designated officer(s) or
aaorney(s) who can collect the pleadings, briefs and rulings in
cases that we might otherwise be unaware of.
iv. With increased information, our ability to prosecute and defend
enforcement litigation is improved.
v. And our ability to predict what issues might be subject to litigation
will be increased.
vi. We should take steps to ensure that there is as liale “daylight”
between each of us as is possible.
37 | PageSouthold Zoning Update Advisory Committee Report
9
IV. Proposals for Cooperation and Coordination
a. Municipal Permit Application Forms could include a box or other means of
requesting that the applicant indicate whether the property is subject to a
conservation easement.
b. Litigation Clearinghouse. We should establish a joint clearinghouse to collect
and advise each other of easement-related litigation.
c. So much of the litigation on the issues that impact all of us is unreported –
meaning that it is not available on Westlaw or Lexis – and may not be found
by our aaorneys when they have to prepare their cases. This clearinghouse
would alert each of us – the Towns and the land trust – of litigation that
might affect many or all of us, but which might not be public until a court
decision is issued or a news article is published. At which time, it might be
too late for us to put our heads together and impact the result.
d. A clearinghouse/coordination could help us develop the law in a way that
supports our easements and land use policies.
e. Given the cost of litigation, coordination and the possibility of reducing the
likelihood and cost of litigation could only benefit all of us.
***
For more information, please contact:
MaS Swain, Vice President
mswain@peconiclandtrust.org
631-283-3195 x136
Jessie McSwane, Director of Stewardship
jmcswane@peconiclandtrust.org
631.283.3195 x130
38 | PageSouthold Zoning Update Advisory Committee Report
3. Regulatory Analysis Of Minimum Dwelling Size
5 1/2”
7 3/8”
3/4”1/2”
5/8”
1/2” GYPSUM WALL BOARD
2X6 STUD @ 16” O.C.
5 1/2” MINERAL WOOL INSULATION
(MIN. R VALUE = 20)
5/8” SHEATHING
AIR/WATER BARRIER
3/4” EXT. SIDING
According to the New York State Energy
Conservation Code, the minimum wall
thickness for a compliant wall assembly in
Southold is approximately 7 ½ inches. Refer
to the above table as well as the diagram to
the left.
Per Appendix Q of the NYS Residential
Code (see Appendix #9d), the maximum
allowable size for a tiny house—excluding
loft areas—is 400 square feet.
Based on the required wall assembly
thickness and in compliance with applicable
NYS codes and regulations, the minimum
gross floor area for a tiny house is
approximately 357 square feet. Refer to the
following page for diagrams illustrating this
calculation.
In summary, a tiny house / ADU should
not be smaller than 357 square feet.Typ. Wall Southold Wall Assembly
39 | PageSouthold Zoning Update Advisory Committee Report
40 | PageSouthold Zoning Update Advisory Committee Report
4. ZBA Code Interpretations
List of ZBA Interpretations, Page 2
6903 1/7/2016 Old North Road Barn 5195 Old North Road Southold A-C District 51-3-5
280-13(A(4)(c) &
280-146(D)
Make a determination that Old North Road is not a major road and
therefore the setback should be the one required for principal buildings
located in the AC Zone district, rather than 100 ft. as required in Section
280-13(A)(4)(c). Decision: Winery structures, located on properties
which do not adjoin a Major Road, shall be set back at the principal front
yard setback as cited in the applicable bulk schedule.
6953 6/16/2016 Cradit 560 Sound Road Greenport A-C District 35-1-14 280-4, 280-111
Make a Determination that the applicant’s prior use of the subject real
property for short term (less than 14 days) rental confers on the property
a legal non-conforming use for short term rental, thereby making the
provisions of Town Code §§280-4, 280-111(J) inapplicable to it for as long
as the property is so used on a continuous basis. Decision: The subject
property does not enjoy a legal non-conforming use for the short term
rental of such property as contemplated by the provisions of Southold
Town Code §280-121, et seq.
6976 12/1/2016 Planning Board
Sports East, 9300 NYS
Route 25 Mattituck R-40 122-7-9
§ 280-4 , 280-
146 (D)(1)
Make a determination, pursuant to Article XXVI, § 280-146 (D)(1) of the
Town Code, as to whether the use set forth in the Site Plan Application of
Sports East, as applied for, meets the definition of a “Club, Membership,
Country or Golf” as defined in § 280-4 Definitions of the Town Code or
whether the proposed project meets the definition of a different use,
such as a “Recreational Facility” or a “Commercial Recreational Facility”.
Decision: THE USE AS PROPOSED BY SPORTS EAST DOES NOT MEET THE
DEFINITION OF A “CLUB, MEMBERSHIP OR COUNTRY OR GOLF” RATHER;
THE PROPOSED USE MEETS THE DEFINITION OF A “RECREATIONAL
FACILITY, COMMERCIAL.”
7037 5/4/2017 Planning Board A-C District 102-4-6.1 280-146D(1)
Determination, pursuant to Article XXVI, § 280-146 (D)(1) of the Town
Code, as to whether the use set forth in the Site Plan Application of
North Fork Viticultural Services, LLC is a commercial use or contractor’s
yard, as opposed to an agricultural use, given that the applicant intends
to build a barn that is proposed to store agricultural equipment that is
used in their local vineyard management and consulting business.
Decision: the use as proposed is not an allowed use or accessory use,
pursuant to sSction 280-13(a)(2) of the town code of the Town of
Southold.
7060 12/7/2017 Ragona 350 Wood Lane Greenport R-40 43-4-30 280-10
Requests;1)that Board make an interpretation that the subject lot is
exempt from merger pursuant to section 280-10(C)of the Town;or,in
the alternative 2)that the Board amend Appeal #3827 dated October 4,
1989 to remove the reference of “subdivision”;located at 350 Wood
Lane, Greenport, New York. Decision: Deny both requests
Revised 4/28/2022 by K. Fuentes
List of ZBA Interpretations, Page 2
6903 1/7/2016 Old North Road Barn 5195 Old North Road Southold A-C District 51-3-5
280-13(A(4)(c) &
280-146(D)
Make a determination that Old North Road is not a major road and
therefore the setback should be the one required for principal buildings
located in the AC Zone district, rather than 100 ft. as required in Section
280-13(A)(4)(c). Decision: Winery structures, located on properties
which do not adjoin a Major Road, shall be set back at the principal front
yard setback as cited in the applicable bulk schedule.
6953 6/16/2016 Cradit 560 Sound Road Greenport A-C District 35-1-14 280-4, 280-111
Make a Determination that the applicant’s prior use of the subject real
property for short term (less than 14 days) rental confers on the property
a legal non-conforming use for short term rental, thereby making the
provisions of Town Code §§280-4, 280-111(J) inapplicable to it for as long
as the property is so used on a continuous basis. Decision: The subject
property does not enjoy a legal non-conforming use for the short term
rental of such property as contemplated by the provisions of Southold
Town Code §280-121, et seq.
6976 12/1/2016 Planning Board
Sports East, 9300 NYS
Route 25 Mattituck R-40 122-7-9
§ 280-4 , 280-
146 (D)(1)
Make a determination, pursuant to Article XXVI, § 280-146 (D)(1) of the
Town Code, as to whether the use set forth in the Site Plan Application of
Sports East, as applied for, meets the definition of a “Club, Membership,
Country or Golf” as defined in § 280-4 Definitions of the Town Code or
whether the proposed project meets the definition of a different use,
such as a “Recreational Facility” or a “Commercial Recreational Facility”.
Decision: THE USE AS PROPOSED BY SPORTS EAST DOES NOT MEET THE
DEFINITION OF A “CLUB, MEMBERSHIP OR COUNTRY OR GOLF” RATHER;
THE PROPOSED USE MEETS THE DEFINITION OF A “RECREATIONAL
FACILITY, COMMERCIAL.”
7037 5/4/2017 Planning Board A-C District 102-4-6.1 280-146D(1)
Determination, pursuant to Article XXVI, § 280-146 (D)(1) of the Town
Code, as to whether the use set forth in the Site Plan Application of
North Fork Viticultural Services, LLC is a commercial use or contractor’s
yard, as opposed to an agricultural use, given that the applicant intends
to build a barn that is proposed to store agricultural equipment that is
used in their local vineyard management and consulting business.
Decision: the use as proposed is not an allowed use or accessory use,
pursuant to sSction 280-13(a)(2) of the town code of the Town of
Southold.
7060 12/7/2017 Ragona 350 Wood Lane Greenport R-40 43-4-30 280-10
Requests;1)that Board make an interpretation that the subject lot is
exempt from merger pursuant to section 280-10(C)of the Town;or,in
the alternative 2)that the Board amend Appeal #3827 dated October 4,
1989 to remove the reference of “subdivision”;located at 350 Wood
Lane, Greenport, New York. Decision: Deny both requests
Revised 4/28/2022 by K. Fuentes
List of ZBA Interpretations, Page 1
INTERPRETATIONS - ZONING BOARD OF APPEALS (AS OF 4/28/2022)
Decision Current
File No. Date Name Address Hamlet Zoning District SCTM No.Code Section Decision
5039 1/24/2002 Walz, Roger & Leslie
2505 Old Orchard
Road East Marion R-40 37-6-5 280-122
Request to Overturn Zone Officer's DENIED; Second floor addition
Increases Degree on nonconformity.
5003 6/6/2002 KACE LI, Inc. County Road 48 Greenport HD 40-3-1 280-23
Request to Overturn Zone Officer's Denial; Denied more than one two-
family dwelling on one 17 acre lot; half acre zoning; applicant required to
subdivide
5068 10/3/2002
Dawson, Christine &
Glenn
150 Broadwaters
Road Cutchogue R-40 104-10-8 280-121G
Nonconforming Use discontinued after two years non active; Cottage;
granted as accessory to the single family dwelling; Temporary occupancy
and sleeping permitted
5051 6/5/2003
Cliff & Phil's
Lobsterhouse 50 North Sea Drive Southold R-40 54-5-22 280-123
Request reversal of Zoning Officer Denial; Denied addition to
nonconforming business use-Restaurant. Minimal expansion and front
yard setback approved.
5482 3/4/2004 Skrezec, Darrin 32900 CR 48 Peconic Split: LB, RO 74-4-14.3 280-38; 280-41
Landscape business permitted to stockpile landscape material without a
special exception. Determination in the negative, although a Special
Exception was then granted.
5383 5/20/2004 Malon, Stanley 32845 Main Road Cutchogue
General
Business 97-5-4.5 280-49
Mixed Use, Per Bulk Schedule in B Zone. Whether each use or occupancy
requires minimum lot area of 30,000 sq. ft. No. Each Use does not
require minimum lot area of 30,000 sq. ft. in B Zone
5914 9/14/2006 Board of Trustees Paradise Point Southold 280-121A
The re-alignment of the Town's Basin Dock as required by the Trustees
does not constitute a change that is prohibited by Section 280-121A
6143 5/8/2008 Garafalo/Geise 90 Sterling Road Cutchogue R-40 104-4-4.1 280-122
Whether alterations to SFD, front yard setback, increases a degree of
nonconformity. According to #5039 Walz, an alteration increases the
degree of nonconformity.
6685 11/7/2013 Planning Board
Wine Tasting
Accessory Use Cutchogue A-C District 280-13
Wine Tasting Accessory Use: Intensity and frequency of activities not
customarily accessory uses, and Sale of cigars-retail not an accessory use
to wine tasting and wine sales.
6789 11/6/2014 Grella, William 1200 First Street New Suffolk R-40, Mll 117-7-30 280-4, 280-56
Whether a pile structure non habitable ground level space constitutes as
a first floor. Decision: not a finished floor and not considered a story.
6885 10/15/2015 Planning Board Town Wide B, LB 97-3-2 280-146D(1)
clarification as to whether the Stanley Malon Decision (ZBA File #5383)
applies to only the General Business (B) Zoning District or was intended
to apply in all Zoning Districts.” Decision: only applies to B Zone
6892 11/19/2015 Paul Romanelli 50300 NYS Rte 25 Southold RO 70-2-15 280-146D(1)
To make a determination that the applicant’s alarm installation and
maintenance business is not a conventional contractor’s business, but is
in fact the kind of small business use that is permitted in the RO zone.
Decision: Business may operate and use variance not relevant.
Revised 4/28/2022 by K. Fuentes
41 | PageSouthold Zoning Update Advisory Committee Report
List of ZBA Interpretations, Page 4
7420 12/3/2020 Kreger, Michael 985 Bay Shore Road Greenport R-40 53-3-13.1 280-13
The applicant maintains it is their right to have a ‘finished’half-story in
an attic of a 2 ½story single-family residence.According to the applicant
there is no definition describing what a 2 ½story residence is in the Code
under,280 Zoning,Article I,280-4,entitled Definitions.Decision :
Construction constituted an impermissible third story is consistent with
the Town Code and therefore the Building Department’s determination
should be sustained.
7454 2/4/2021 Ryckman 1405 Village Lane Orient R-40 25-3-1 280-13C
DETERMINED THAT the artist studio as applied for are uses are
customary and incidental to the principal use; therefore, is a
permitted accessory use in an accessory structure on the subject
residential lots as long as it conforms to the conditions as outlined.
7457 2/4/2021 Nardolillo, Thomas 3850 Camp Mineola Road, Mattituck R-40 125-5-18 280-15
DETERMINED THAT the artist studio as applied for are uses are
customary and incidental to the principal use; therefore, is a permitted
accessory use in an accessory structure on the subject residential lots as
long as it conforms to the conditions as outlined.
Revised 4/28/2022 by K. Fuentes
List of ZBA Interpretations, Page 4
7420 12/3/2020 Kreger, Michael 985 Bay Shore Road Greenport R-40 53-3-13.1 280-13
The applicant maintains it is their right to have a ‘finished’half-story in
an attic of a 2 ½story single-family residence.According to the applicant
there is no definition describing what a 2 ½story residence is in the Code
under,280 Zoning,Article I,280-4,entitled Definitions.Decision :
Construction constituted an impermissible third story is consistent with
the Town Code and therefore the Building Department’s determination
should be sustained.
7454 2/4/2021 Ryckman 1405 Village Lane Orient R-40 25-3-1 280-13C
DETERMINED THAT the artist studio as applied for are uses are
customary and incidental to the principal use; therefore, is a
permitted accessory use in an accessory structure on the subject
residential lots as long as it conforms to the conditions as outlined.
7457 2/4/2021 Nardolillo, Thomas 3850 Camp Mineola Road, Mattituck R-40 125-5-18 280-15
DETERMINED THAT the artist studio as applied for are uses are
customary and incidental to the principal use; therefore, is a permitted
accessory use in an accessory structure on the subject residential lots as
long as it conforms to the conditions as outlined.
Revised 4/28/2022 by K. Fuentes
List of ZBA Interpretations, Page 3
7195 7/19/2018 Planning Board County Road 48 Greenport HD 40-3-1 280-146(D
Seeking corroboration or correction as to their reading of the Density and
Minimum Lot Size and the Bulk Schedule for Residential Districts; and an
interpretation as to whether the residential site plan known as Vineyard
View, as applied for, is a permitted use in the Hamlet Density (HD) zoning
district. Decision: Density, Minimum Lot Size and Bulk Schedules in the
Town Code as described above is consistent with the Zoning Code; and
all of the proposed dwelling units comply with Density, Minimum Lot Size
and Bulk Schedules in the Town Code.
7248 3/28/2019 Old Colonial Place 50 Pike Street Mattituck HB 140-2-21 280-46, 280-49
Interpret that the proposed construction of four retail stores in a single
building is not permitted pursuant to Article X, 280-46 which
states,According to Bulk Schedule 20,000 square feet of property is
required for each principal use. There are four principal uses for retail
space being proposed on this 22,809 square foot lot. Decision: Bulk
schedule requirement of 20,000 square feet is to apply to each building
rather than to each use or occupancy within building areas. Overturn
NOD.
7276 6/6/2019 Fitzgerald, Shawn 495 Paddock Way Mattituck A-C District 107-4-2.10 280-13(A)(1)
The applicant is seeking an interpretation and/or appealing the Building
Department’s Notice of Disapproval that determined that the as built
additions to the subject accessory structure constitutes a second
dwelling and not a pool house. Decision: OVERTURN the NOD
determining wrongly that the subject pool house constitutes a second
7295 7/3/2019 SV Greenport 59725 Route 48 Greenport RR 44-2-23 280-4, 280-127
Town Code definition of “Hotel and Motel, Transient. Require Applicant
to remove the existing kitchen facilities in the existing units, whether the
Building Department improperly disapproved the Applicant’s building
permit application based on such definition; can the Building
Department require applicant to comply with the restrictive definition of
“Hotel and Motel, Transient” and remove kitchen facilities from its units
to obtain a building permit of proposed renovation and other work on
the subject property. Decision: Annul, reverse and set aside the subject
“Notice of Disapproval.
7321 10/24/2019
Hans, Richard and
Siobhan 2125 Pine Tree Road Cutchogue R-40 98-1-13 280-15
Whether “as-built” construction of finished space in an existing accessory
garage a permitted accessory use. Decision: Since the structure is not
being used for habitation, overturn the NOD.
7352 2/20/2020
Posillico, Vincenzo &
Margherita
650 West Road & 719
Southern Cross Road Cutchogue R-40 110-5-42, 42 280-10
Re-application for a previously denied waiver of merger to determine
whether the subject premises is exempt from the merger provision.
Decision: DENY the request to retroactively apply the Merger by Death
exemption, and to UPHOLD THE DENIAL.
Revised 4/28/2022 by K. Fuentes
List of ZBA Interpretations, Page 2
6903 1/7/2016 Old North Road Barn 5195 Old North Road Southold A-C District 51-3-5
280-13(A(4)(c) &
280-146(D)
Make a determination that Old North Road is not a major road and
therefore the setback should be the one required for principal buildings
located in the AC Zone district, rather than 100 ft. as required in Section
280-13(A)(4)(c). Decision: Winery structures, located on properties
which do not adjoin a Major Road, shall be set back at the principal front
yard setback as cited in the applicable bulk schedule.
6953 6/16/2016 Cradit 560 Sound Road Greenport A-C District 35-1-14 280-4, 280-111
Make a Determination that the applicant’s prior use of the subject real
property for short term (less than 14 days) rental confers on the property
a legal non-conforming use for short term rental, thereby making the
provisions of Town Code §§280-4, 280-111(J) inapplicable to it for as long
as the property is so used on a continuous basis. Decision: The subject
property does not enjoy a legal non-conforming use for the short term
rental of such property as contemplated by the provisions of Southold
Town Code §280-121, et seq.
6976 12/1/2016 Planning Board
Sports East, 9300 NYS
Route 25 Mattituck R-40 122-7-9
§ 280-4 , 280-
146 (D)(1)
Make a determination, pursuant to Article XXVI, § 280-146 (D)(1) of the
Town Code, as to whether the use set forth in the Site Plan Application of
Sports East, as applied for, meets the definition of a “Club, Membership,
Country or Golf” as defined in § 280-4 Definitions of the Town Code or
whether the proposed project meets the definition of a different use,
such as a “Recreational Facility” or a “Commercial Recreational Facility”.
Decision: THE USE AS PROPOSED BY SPORTS EAST DOES NOT MEET THE
DEFINITION OF A “CLUB, MEMBERSHIP OR COUNTRY OR GOLF” RATHER;
THE PROPOSED USE MEETS THE DEFINITION OF A “RECREATIONAL
FACILITY, COMMERCIAL.”
7037 5/4/2017 Planning Board A-C District 102-4-6.1 280-146D(1)
Determination, pursuant to Article XXVI, § 280-146 (D)(1) of the Town
Code, as to whether the use set forth in the Site Plan Application of
North Fork Viticultural Services, LLC is a commercial use or contractor’s
yard, as opposed to an agricultural use, given that the applicant intends
to build a barn that is proposed to store agricultural equipment that is
used in their local vineyard management and consulting business.
Decision: the use as proposed is not an allowed use or accessory use,
pursuant to sSction 280-13(a)(2) of the town code of the Town of
Southold.
7060 12/7/2017 Ragona 350 Wood Lane Greenport R-40 43-4-30 280-10
Requests;1)that Board make an interpretation that the subject lot is
exempt from merger pursuant to section 280-10(C)of the Town;or,in
the alternative 2)that the Board amend Appeal #3827 dated October 4,
1989 to remove the reference of “subdivision”;located at 350 Wood
Lane, Greenport, New York. Decision: Deny both requests
Revised 4/28/2022 by K. Fuentes
42 | PageSouthold Zoning Update Advisory Committee Report
5. Regulatory Analysis of Accessibility Requirements
Accessible Unit Type Descriptions (Compliant With Icc A117.1)
Please see Reference #15 for ICC A117 Standard
Accessible Unit: Units that are fully accessible to individuals with physical disabilities, including those who use
wheelchairs.
Routes & Clearances:
• 1002.3 Accessible routes into, within, and through the unit.
• 1002.3.2 All rooms served by an accessible route shall provide a 60” turning space
• 404.2.2 Doorways shall have a clear opening width of 32” minimum
• 404.2.3.2 Manual swinging doors should provide maneuvering clearances compliant with Fig. 404.2.3.2
Toilet & Bathing Facilities:
• 603.2.1 60” turning space
• 604.3 A 60” x 56” toilet clearance
• 604.5 Grab bars provided on the rear wall and side wall closest to the toilet
• 606.2 A clear floor space positioned for forward approach shall be provided at the sink
• 607 A compliant clearance for bathtubs, transfer-type showers, or roll in showers.
• 607.4 Grab bars provided for showers/bathtubs
Kitchens & Kitchenettes:
• 804.2 Compliant clearances according to the kitchen layout (eg. 40” minimum clearance for pass-through kitchens)
• 804.5.1 A clear floor space, positioned for a parallel or forward approach provided at each kitchen appliance, cooktop, and work surface
Bedroom:
• 1002.15.1 Clear floor spaces for wheelchair maneuvering should be provided on both sides of at least 1 bed
Type A Unit: Units that are adaptable to accessibility needs, intended to be usable by people with mobility
impairments with some minor modifications.
Routes & Clearances:
• Same as Accessible Unit
Toilet & Bathing Facilities:
• 603.2.1 60” turning space
• 604.3 A 60” x 56” toilet clearance
• 1003.11.2.2 Cabinetry may be permitted under the sink provided that the cabinetry can be removed without removing or replacing the sink
• 607 A compliant clearance for bathtubs, transfer-type showers, or roll in showers. 1003.11.2.5.1 Removable cabinetry is allowed to impede on this
clearance
• 1003.11.1 Wall reinforcement for grab bars and shower seats should be provided for showers/bathtubs/toilets; grab bar installation is optional
Kitchens & Kitchenettes:
• 804.2 Compliant clearances according to the kitchen layout (eg. 40” minimum clearance for pass-through kitchens)
• 1003.12 Cabinetry may be installed under all appliances, work surfaces, and cooktop as long as it may be removed to provide a clear floor space with a
forward approach in the future
Type B Unit: Units with the lowest level of accessibility, often called “basic accessible” units under the Fair
Housing Act.
Routes & Clearances:
• 1004.3 Accessible routes into, within, and through the unit.
• 1004.5.2.1 Doorways shall have a clear opening width of 31 3/4” minimum
• 1004.5.1 Only primary entrance door should provide maneuvering clearances compliant with Fig. 404.2.3.2
Toilet & Bathing Facilities:
• 1004.11.1 Reinforcement for grab bars by toilets & showers must be provided; grab bar installation is optional
• 1004.11.3.1.1 Sink should be provided a clear floor space, positioned for a parallal approach
• 1004.11.3.1.1 Cabinetry may be permitted under the sink provided that the cabinetry can be removed without removing or replacing the sink
• 1004.11.3.1.2 A toilet clearance complying with Fig. 1004.11.3.1.2
• 1004.11.3.1.3.1 A clearance of 60” x 30” minimum for parallel approach in front of bathtubs. 60” x 48” minimum for forward approach
Kitchens & Kitchenettes:
• 804.2 Compliant clearances according to the kitchen layout (eg. 40” minimum clearance for pass-through kitchens)
• 1004.12.2 Clear floor space at all appliances and work surfaces should be provided for at least a parallel approach
43 | PageSouthold Zoning Update Advisory Committee Report
Yes
Yes
No
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
R-1 OCCUPANCY GROUP (See Appendix #8b for R-1 occupancies)
Accessible/Type B Dwelling Units & Elevator Requirements
RESIDENTIAL ACCESSIBILITY REQUIREMENTS, PER NYS BUILDING CODE 2020
2. 1103.2.11 Buildings of Group R-1 containing not more than five sleeping units for rent or hire that are also occupied as the residence of the proprietor are not required to comply with this chapter.
1. “Units” in this flow chart refer to “Dwelling Units”, defined in Chapter 2 of the NYS Building Code 2020*
1 story?
2-3 stories & no
dwelling units on
the ground floor?
4+ stories & no
dwelling units on
the ground floor?
2-3 stories &
dwelling units on
the ground floor?
4+ stories &
dwelling units on
the ground floor?
All remaining units
to be Type B units
All remaining
units to be
Type B units
All remaining
units to be
Type B units
All remaining units
on ground floor to
be Type B units
All remaining units
on ground floor to
be Type B units
Elevator
required
Elevator
required
Elevator not
required
Elevator not
required
Elevator not required
Elevator not required
No elevator required if all
required Accessible/Type B units are
on the ground floor
No elevator required
No elevator required if
all required Accessible/Type
B units are on the ground
floor
4+ units?
4+ units?
4+ units?
4+ units?
4+ units?
3 or less units?
3 or less units?
3 or less units?
3 or less units?
3 or less units?
For 1-25 units,
1 accessible unit is
required
For 1-25 units,
1 accessible unit
is required
For 1-25 units,
1 accessible unit
is required
For 1-25 units,
1 accessible unit is
required
For 1-25 units,
1 accessible unit is
required
For 26+ units,
Refer to table
1107.6.1.1 for #
of accessible units
required
For 26+ units,
Refer to table
1107.6.1.1 for
# of accessible
units required
For 26+ units,
Refer to table
1107.6.1.1 for
# of accessible
units required
For 26+ units,
Refer to table
1107.6.1.1 for #
of accessible units
required
For 26+ units,
Refer to table
1107.6.1.1 for #
of accessible units
required
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
Yes
Yes
Yes
For 1-25 units, 1 accessible
unit is required
For 1-25 units, 1 accessible
unit is required
For 1-25 units, 1 accessible
unit is required
For 1-25 units, 1 accessible
unit is required
For 1-25 units, 1 accessible
unit is required
Stories have
a total area
of less than
3,000 SF?
Stories have
a total area
of less than
3,000 SF?
Stories have a total area
of less than 3,000 SF?
Stories have a total area
of less than 3,000 SF?
3. BCNYS 1009.2.1 Elevators Required
In buildings where a required accessible floor is four or more stories above or below a level of exit discharge, not less than one required accessible means of egress shall be an elevator complying with Section
1009.4.
*There appears to be some
contradictions within the state code,
such as not having elevators for
accessible areas. We are currently
researching these contradictions*
44 | PageSouthold Zoning Update Advisory Committee Report
45 | PageSouthold Zoning Update Advisory Committee Report
1 story?
2-3 stories, retail
on the ground
floor?
2-3 stories &
all stories are
residential?
4+ stories with
retail on the
ground floor?
4+ stories &
all stories are
residential?
4+ units?
4+ units?
4+ units?
All units on ground
floor required to be
Type B units
All units on ground
floor required to be
Type B units
No elevator required if all required
Type B units are on the ground
floor
No elevator required
No elevator required
No elevator required
Stories have a total area
of less than 3,000 SF?
Elevator
required
Elevator required
No elevator required if all required Type
B units are on the ground floor, however
elevator is heavily recommended
No elevator requiredNo Accessible/Type B unit
requirements
No Accessible/Type B
unit requirements
No Accessible/Type B
unit requirements
No Accessible/Type B
unit requirements
All units must
be Type B units
All units must be Type
B units
Yes
Yes Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
R-2 OCCUPANCY GROUP (See Appendix #8b for R-2 occupancies)
Accessible/Type B Dwelling Units & Elevator Requirements
*For the purposes of this exercise, R-3 occupancies will be excluded, as they are not subject to accessibility requirements. R-4 occupancies will also be
omitted, as this classification is rarely used.*
3 or less units?
3 or less units?
3 or less units?
No
No
No
1.“Units” in this flow chart refer to “Dwelling Units”, defined in Chapter 2 of the NYS Building Code 2020 (See Appendix #8a)
2. BCNYS 1009.2.1 Elevators Required
In buildings where a required accessible floor is four or more stories above or below a level of exit discharge, not less than one required accessible means of egress shall be an elevator complying with Section
1009.4.
*There appears to be some contradictions
within the state code, such as not having
elevators for accessible areas. We are currently
researching these contradictions*
6. Flow Chart Analysis of Chapter 240 Subdivision of Land
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52 | PageSouthold Zoning Update Advisory Committee Report
Slide 1
Smart Planning
for Southold
Respecting the Past,
Shaping the Future
This presentation was prepared with funding provided by the New York State Department of State under Title 11 of the Environmental Protection Fund.
This Presentation was made to the Southold Town Zoning Update Advisory Committee on September 12, 2024.
Residential Subdivision Review
Southold Zoning Update
→Chapter 280 Zoning Bulk Schedules
→Chapter 161Highway Specifications
→Chapter 240 Subdivisions
→Chapter 236 Stormwater Pollution
Prevention
→Chapter 275 Wetlands 2
These are the chapters of the code the regulate and influence how subdivisions are created.
7. Smart Planning for Southold Presentation, by Heather Lanza
Slide 2
53 | PageSouthold Zoning Update Advisory Committee Report
Slide 3
Chapter 280 Zoning : Bulk Schedules
Southold Zoning Update 3
•Minimum Lot Size
•Minimum Lot Width & Depth
•Setbacks (building envelope)
3
• Chapter 280 controls the density by assigning a minimum lot size to each zoning district, as well as
dimensional requirements for minimum lot width and depth.
Minimum Lot Size
Southold Zoning Update 4
Square Ft. per LotZoning District
40,000 Residential-40 (R40)
80,000 Residential-80 (R80)
80,000 Agricultural Conservation (AC)
120,000 Residential-120
200,000 Residential-200
400,000 Residential-400
40,000 Residential Office (RO)
80,000 Limited Business (LB)
40,000 General Business (B)
20,000 Hamlet Density (HD)
Each zoning district has a minimum lot size, which is used in subdivision to determine how
many lots a parcel could generate.
Most of the subdividable land is in the R-80/AC and R-40 zoning districts.
R40 requires 40K or a little less than an acre per lot
R-80 and AC = 80K
Slide 4
54 | PageSouthold Zoning Update Advisory Committee Report
Subdivision Types
•Standard
•< 7 acres
•<= 7 acres: Clustered
•Conservation
•80/60
80% preserved land/ 60 % density reduction
•75/75
75% preserved / 75% density reduction
55
Chapter 240, which has all of our subdivision rules, describes two main types of subdivision
Standard Subdivision.
Less than seven acres
Usually as many lots as they can fit, not clustered
Parcels of 7 acres or more must be clustered
And Conservation Subdivisions (always clustered)
Slide 5
55 | PageSouthold Zoning Update Advisory Committee Report
Standard Subdivision
Southold Zoning Update 6
•# lots determined by yield map
•Minimum Lot Size
•Minimum Lot Width & Dept
•Road specification
6
• In a standard subdivision, the maximum number of lots allowed is determined by a yield map.
• The yield map must show each lot as meeting the minimum lot size, width and depth
• The yield map must also show the required right of way width and turnaround
• In a standard subdivision of less than seven acres, this may also be the subdivision map.
• In a standard with 7 acres or more, the yield map is only conceptual to determine the number of lots
allowed.
Standard Subdivision Clustered
Southold Zoning Update
•Beginning parcel = 7 acres or greater
•Yield Plan (conceptual to determine # of lots)
•Sketch Plan
•Clusters the lots & new road onto 40% of the
property
•60% of property preserved as open space or
farmland
•Affordable Housing Required: 20% of lots 7
Slide 6
Slide 7
56 | PageSouthold Zoning Update Advisory Committee Report
Slide 8
Conservation Subdivision Clustered
Southold Zoning Update
•Yield calculated (no yield plan needed)
•Town or other entity (Suffolk County) buys the
open space or development rights on preserved
land
•Expedited Application Processing
•Lower fees than Standard Subdivision
•No affordable housing requirement 8
Most owners of large properties choose the conservation subdivision route.
Comprehensive
Plan, Buildout &
Updated Statistics
Southold Zoning Update 99
The Town Comprehensive Plan was adopted in 2020.
With regard to future buildout and subdivisions - There are some great graphics in the plan.
Slide 9
57 | PageSouthold Zoning Update Advisory Committee Report
Southold Zoning Update 10
In the Town Comprehensive Plan there is a snapshot of land available for development.
It identifies the potential for about 4300 new single-family homes on land zoned residentially.
Of those, about 1870 would be on lots that already exist as single building lots.
So a good number of the new homes possible here are on lots that already exist.
This chart above shows a comparison the land available for development – subdividable in blue as compared to
land already divided into single and separate lots.
Places with the most farmland, Cutchogue, Mattituck, Peconic, all have a much higher ratio of subdividable
land to already existing single building lots.
Slide 10
58 | PageSouthold Zoning Update Advisory Committee Report
Southold Zoning Update 11
The chart above shows a comparison of the potential buildout from the land available for development, both
from subdivision and from existing vacant lots.
In 2019 for the Comp Plan, Southold’s residential buildout was estimated at about 4300 new single-family
homes, of which 2500 were from new subdivided house lots, and 1,800 were from existing lots.
Since those numbers were compiled in 2019, another 356 houses were built, a good number of which were on
those existing single lots.
Some were also on newly created subdivided lots.
The Town has about 13,750 housing units not including Village. This does include condo’s and co-ops. This is
according to our Town Assessor on August 26, 2024
Southold Zoning Update 12
This shows the number of new lots created by subdivision each year since 2010.
The number of new building lots created since the Town Comprehensive Plan was adopted is 23 new lots.
Slide 11
Slide 12
59 | PageSouthold Zoning Update Advisory Committee Report
Southold Zoning Update 13
# Lots CreatedYear
122010
22011
132012
02013
42014
62015
52016
52017
142018
12019
02020
52021
62022
112023
Here are those data by year in a table.
There are about 47 lots in pending subdivision applications right now in various stages of completion.
Those are in 16 different applications. The most numerous subdivision applications are 2 and 3-lots (simpler to
accomplish, no clustering and no affordable housing requirement (only those creating 5 or more new lots have
to comply with affordable requirements).
Slide 13
60 | PageSouthold Zoning Update Advisory Committee Report
Slide 14
Southold Zoning Update 14
Another statistic we’ve updated since the Comp Plan is the number of building permits for new homes issued
each year.
This shows the number of new building permits issued per year.
The spike in 2021 was Harvest Point condo¡¯s. Each condo counts as one.
You can see that the number of new permits has not changed drastically over the years overall.
61 | PageSouthold Zoning Update Advisory Committee Report
Slide 15
Southold Zoning Update 15
This last chart is also in the Town Comprehensive Plan.
It gives a relative viewpoint of our density in terms of people per square mile as compared to other places on
Long Island.
The blue is where we were in 2019, and the orange shows where we would be if all the residentially-zoned land
were developed to its fullest potential.
You can see we would not get anywhere near the density of other places west of here, which should be a relief!
And that is worst-case scenario.
The fact is, and we make this point in the Plan, that we continue to preserve land, we continue to see
landowners choose the conservation subdivision over the standard in most cases where the land area is large,
and agriculture continues to keep land in farming use. Reaching full buildout as estimated is unlikely due to all
of these factors.
62 | PageSouthold Zoning Update Advisory Committee Report
Slide 16
Land Preservation Tracking Report
Southold Zoning Update 16
•2004: Southold begins tracking rate of land
preservation
•Target Acreage= Subdividable land in the
R40, R80, AC zones
•Tracks land preservation rate & density
reduction rate
16
• We have one more data set that demonstrates these trends
• Since 2004, Southold has tracked its record on land preservation vs. land development (residential only).
• This followed the new subdivision rules that created the conservation subdivision, which had followed the
failed attempt to rezone much of Southold to five-acre zoning.
• The idea was to track how well the conservation subdivision idea worked for preserving land and reducing
housing density in our farmland areas.
• The “target acreage” tracked was all subdividable land in the R40, R80, and AC zoning districts (except
Fishers Island)
• We have 20 years of data on this now.
63 | PageSouthold Zoning Update Advisory Committee Report
Slide 17
Land Preservation Tracking Report
Southold Zoning Update 17
•Rate of Land Preservation = 94%
•Rate of Density Reduction = 92%
•New Parcels Created = 193
•Target Acreage Developed = 89 units on 126 ac.
•Target Acreage Preserved = 2,622 acres
•Non-target = 894 housing units on 6,883 ac.
•Non-target Preserved = 309 ac
17
• The results of after 20 years are shown above
• This illustrates the success of our policies, our land preservation program, our conservation subdivision
program, and the continuation of farming as a business in Southold Town.
• There are also figures for the non-target acreage, which is all the other land not included in target (except
Fishers Island since they don’t have farmland and that was the main idea of this tracking)
• In non-target there were 894 new housing units built on 6,883 acres, and 309 acres preserved.
• This doesn’t include commercial development, only residential development.
So there was other land developed commercially not included in that figure
• The takeaway is that our programs are working very well when it comes to slowing, reducing and
avoiding the subdivision and conversion of farmland.
64 | PageSouthold Zoning Update Advisory Committee Report
8. NYS Building Code 2020
a. Chapter 2 (Selected) Definitions
REGULATORY
ACCESSIBLE. A site, building, facility or portion thereof that complies with Chapter 11.
ACCESSIBLE UNIT. A dwelling unit or sleeping unit that complies with this code and the provisions for Accessible units in
ICC A117.1.
ACCESSIBLE MEANS OF EGRESS. A continuous and unobstructed way of egress travel from any accessible point in a
building or facility to a public way.
ACCESSIBLE ROUTE. A continuous, unobstructed path that complies with Chapter 11.
BASE FLOOD. The flood having a 1-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical
Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM)
BOARDING HOUSE. A building arranged or used for lodging for compensation, with or without meals, and not occupied
as a single-family unit.
DESIGN FLOOD. The flood associated with the greater of the following two areas:
1. Area with a flood plain subject to a 1-percent or greater chance of flooding in any year.
2. Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
DESIGN FLOOD ELEVATION. The elevation of the “design flood,” including wave height, relative to the datum specified
on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the
elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard
map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as
being equal to 2 feet (610 mm).
DORMITORY. A space in a building where group sleeping accommodations are provided in one room, or in a series of
closely associated rooms, for persons not members of the same family group, under joint occupancy and single management,
as in college dormitories or fraternity houses.
DWELLING. A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or
hired out to be occupied for living purposes.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and sanitation.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD DAMAGE-RESISTANT MATERIALS. Any construction material capable of withstanding direct and prolonged
contact with floodwaters without sustaining any damage that requires more than cosmetic repair.
FLOOD, DESIGN. See “Design flood.”
65 | PageSouthold Zoning Update Advisory Committee Report
FLOOD ELEVATION, DESIGN. See “Design flood elevation.”
FLOOD HAZARD AREA. The greater of the following two areas:
1. The area within a flood plain subject to a 1-percent or greater chance of flooding in any year.
2. The area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
FLOOD HAZARD AREAS, SPECIAL. See “Special flood hazard area.”
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the
community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency containing
the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map (FBFM), the water surface elevation of
the base flood and supporting technical data.
FLOODWAY. The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order
to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FLOOR AREA, GROSS. The floor area within the inside perimeter of the exterior walls of the building under consideration,
exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls,
columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be
the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no
openings or interior courts.
FLOOR AREA, NET. The actual occupied area not including unoccupied accessory areas such as corridors, stairways, ramps,
toilet rooms, mechanical rooms and closets.
INTERIOR WALL AND CEILING FINISH. The exposed interior surfaces of buildings, including but not limited to:
fixed or movable walls and partitions; toilet room privacy partitions; columns; ceilings; and interior wainscoting, paneling or
other finish applied structurally or for decoration, acoustical correction, surface insulation, structural fire resistance or similar
purposes, but not including trim.
LIVE/WORK UNIT. A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential
use that is operated by the tenant.
MULTISTORY UNIT. A dwelling unit or sleeping unit with habitable space located on more than one story.
SITE. A parcel of land bounded by a lot line or a designated portion of a public right-of-way.
SLEEPING UNIT. A single unit that provides rooms or spaces for one or more persons, includes permanent provisions for
sleeping and can include provisions for living, eating and either sanitation or kitchen facilities but not both. Such rooms and
spaces that are also part of a dwelling unit are not sleeping units.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its
before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, alteration, addition or other improvement
of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before
the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations
identified by the building official and that are the minimum necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation
66 | PageSouthold Zoning Update Advisory Committee Report
as a historic structure.
TYPE A UNIT. A dwelling unit or sleeping unit designed and constructed for accessibility in accordance with this code and the
provisions for Type A units in ICC A117.1.
TYPE B UNIT. A dwelling unit or sleeping unit designed and constructed for accessibility in accordance with this code and
the provisions for Type B units in ICC A117.1, consistent with the design and construction requirements of the federal Fair
Housing Act.
TRANSIENT. Occupancy of a dwelling unit or sleeping unit for not more than 30 days.
67 | PageSouthold Zoning Update Advisory Committee Report
8. NYS Building Code 2020
b. Chapter 3 Occupancy Classification and Use
SECTION 301
SCOPE
301.1 General.
The provisions of this chapter shall control the classification of all buildings and structures as to occupancy and use.
Different classifications of occupancy and use represent varying levels of hazard and risk to building occupants and
adjacent properties.
SECTION 302
OCCUPANCY CLASSIFICATION
AND USE DESIGNATION
302.1 Occupancy classification.
Occupancy classification is the formal designation of the primary purpose of the building, structure or portion
thereof. Structures shall be classified into one or more of the occupancy groups listed in this section based on the
nature of the hazards and risks to building occupants generally associated with the intended purpose of the building
or structure. An area, room or space that is intended to be occupied at different times for different purposes shall
comply with all applicable requirements associated with such potential multipurpose. Structures containing multiple
occupancy groups shall comply with Section 508. Where a structure is proposed for a purpose that is not specifically
listed in this section, such structure shall be classified in the occupancy it most nearly resembles based on the fire
safety and relative hazard. Occupied roofs shall be classified in the group that the occupancy most nearly resembles,
according to the fire safety and relative hazard, and shall comply with Section 503.1.4.
Assembly (see Section 303): Groups A-1, A-2, A-3, A-4 and A-5.
Business (see Section 304): Group B.
Educational (see Section 305): Group E.
Factory and Industrial (see Section 306): Groups F-1 and F-2.
High Hazard (see Section 307): Groups H-1, H-2, H-3, H-4 and H-5.
Institutional (see Section 308): Groups I-1, I-2, I-3 and I-4.
Mercantile (see Section 309): Group M.
Residential (see Section 310): Groups R-1, R-2, R-3 and R-4.
Storage (see Section 311): Groups S-1 and S-2.
Utility and Miscellaneous (see Section 312): Group U.
302.2 Use designation.
Occupancy groups contain subordinate uses having similar hazards and risks to building occupants. Uses include,
but are not limited to, those functional designations listed within the occupancy group descriptions in Section 302.1.
Certain uses require specific limitations and controls in accordance with the provisions of Chapter 4 and elsewhere
in this code.
SECTION 303
ASSEMBLY GROUP A
303.1 Assembly Group A.
Assembly Group A occupancy includes, among others, the use of a building or structure, or a portion thereof, for the
gathering of persons for purposes such as civic, social or religious functions; recreation, food or drink consumption
or awaiting transportation.
303.1.1 Small buildings and tenant spaces.
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A building or tenant space used for assembly purposes with an occupant load of less than 50 persons shall be classified
as a Group B occupancy.
303.1.2 Small assembly spaces.
The following rooms and spaces shall not be classified as Assembly occupancies:
1. A room or space used for assembly purposes with an occupant load of less than 50 persons and accessory to
another occupancy shall be classified as a Group B occupancy or as part of that occupancy.
2. A room or space used for assembly purposes that is less than 750 square feet (70 m2) in area and accessory to
another occupancy shall be classified as a Group B occupancy or as part of that occupancy.
303.1.3 Associated with Group E occupancies.
A room or space used for assembly purposes that is associated with a Group E occupancy is not considered a separate
occupancy.
303.1.4 Accessory to places of religious worship.
Accessory religious educational rooms and religious auditoriums with occupant loads of less than 100 per room or space
are not considered separate occupancies.
303.2 Assembly Group A-1.
Group A-1 occupancy includes assembly uses, usually with fixed seating, intended for the production and viewing of
the performing arts or motion pictures including, but not limited to:
• Motion picture theaters
• Symphony and concert halls
• Television and radio studios admitting an audience
• Theaters
303.3 Assembly Group A-2.
Group A-2 occupancy includes assembly uses intended for food and/or drink consumption including, but not limited
to:
• Banquet halls
• Casinos (gaming areas)
• Nightclubs
• Restaurants, cafeterias and similar dining facilities (including associated commercial kitchens)
• Taverns and bars
303.4 Assembly Group A-3.
Group A-3 occupancy includes assembly uses intended for worship, recreation or amusement and other assembly uses
not classified elsewhere in Group A including, but not limited to:
• Amusement arcades
• Art galleries
• Bowling alleys
• Community halls
• Courtrooms
• Dance halls (not including food or drink consumption)
• Exhibition halls
• Funeral parlors
• Greenhouses for the conservation and exhibition of plants that provide public access.
• Gymnasiums (without spectator seating)
• Indoor swimming pools (without spectator seating)
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• Indoor tennis courts (without spectator seating)
• Lecture halls
• Libraries
• Museums
• Places of religious worship
• Pool and billiard parlors
• Waiting areas in transportation terminals
303.5 Assembly Group A-4.
Group A-4 occupancy includes assembly uses intended for viewing of indoor sporting events and activities with
spectator seating including, but not limited to:
• Arenas
• Skating rinks
• Swimming pools
• Tennis courts
303.6 Assembly Group A-5.
Group A-5 occupancy includes assembly uses intended for participation in or viewing outdoor activities including,
but not limited to:
• Amusement park structures
• Bleachers
• Grandstands
• Stadiums
SECTION 304
BUSINESS GROUP B
304.1 Business Group B.
Business Group B occupancy includes, among others, the use of a building or structure, or a portion thereof, for
office, professional or service-type transactions, including storage of records and accounts. Business occupancies shall
include, but not be limited to, the following:
• Airport traffic control towers
• Ambulatory care facilities
• Animal hospitals, kennels and pounds
• Banks
• Barber and beauty shops
• Car wash
• Civic administration
• Clinic, outpatient
• Dry cleaning and laundries: pick-up and delivery stations and self-service
• Educational occupancies for students above the 12th grade
• Electronic data processing
• Food processing establishments and commercial kitchens not associated with restaurants, cafeterias and
similar dining facilities not more than 2,500 square feet (232 m2) in area.
• Laboratories: testing and research
• Motor vehicle showrooms
• Post offices
• Print shops
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• Professional services (architects, attorneys, dentists, physicians, engineers, etc.)
• Radio and television stations
• Telephone exchanges
• Training and skill development not in a school or academic program (this shall include, but not be limited to,
tutoring centers, martial arts studios, gymnastics and similar uses regardless of the ages served, and where not
classified as a Group A occupancy)
SECTION 305
EDUCATIONAL GROUP E
305.1 Educational Group E.
Educational Group E occupancy includes, among others, the use of a building or structure, or a portion thereof, by
six or more persons at any one time for educational purposes through the 12th grade.
305.1.1 Accessory to places of religious worship.
Religious educational rooms and religious auditoriums, which are accessory to places of religious worship in accordance
with Section 303.1.4 and have occupant loads of less than 100 per room or space, shall be classified as Group A-3
occupancies.
305.2 Group E, day care facilities.
This group includes buildings and structures or portions thereof occupied by more than five children older than
21/2 years of age who receive educational, supervision or personal care services for fewer than 24 hours per day.
305.2.1 Within places of religious worship.
Rooms and spaces within places of religious worship providing such day care during religious functions shall be classified
as part of the primary occupancy.
305.2.2 Five or fewer children.
A facility having five or fewer children receiving such day care shall be classified as part of the primary occupancy.
305.2.3 Five or fewer children in a dwelling unit.
A facility such as the above within a dwelling unit and having five or fewer children receiving such day care shall be
classified as a Group R-3 occupancy or shall comply with the Residential Code of New York State.
SECTION 306
FACTORY GROUP F
306.1 Factory Industrial Group F.
Factory Industrial Group F occupancy includes, among others, the use of a building or structure, or a portion thereof,
for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that
are not classified as a Group H hazardous or Group S storage occupancy.
306.2 Moderate-hazard factory industrial, Group F-1.
Factory industrial uses that are not classified as Factory Industrial F-2 Low Hazard shall be classified as F-1 Moderate
Hazard and shall include, but not be limited to, the following:
• Aircraft (manufacturing, not to include repair)
• Appliances
• Athletic equipment
• Automobiles and other motor vehicles
• Bakeries
• Beverages: over 16-percent alcohol content
• Bicycles
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• Boats
• Brooms or brushes
• Business machines
• Cameras and photo equipment
• Canvas or similar fabric
• Carpets and rugs (includes cleaning)
• Clothing
• Construction and agricultural machinery
• Disinfectants
• Dry cleaning and dyeing
• Electric generation plants
• Electronics
• Engines (including rebuilding)
• Food processing establishments and commercial kitchens not associated with restaurants, cafeterias and
similar dining facilities more than 2,500 square feet (232 m2) in area.
• Furniture
• Hemp products
• Jute products
• Laundries
• Leather products
• Machinery
• Metals
• Millwork (sash and door)
• Motion pictures and television filming (without spectators)
• Musical instruments
• Optical goods
• Paper mills or products
• Photographic film
• Plastic products
• Printing or publishing
• Recreational vehicles
• Refuse incineration
• Shoes
• Soaps and detergents
• Textiles
• Tobacco
• Trailers
• Upholstering
• Wood; distillation
• Woodworking (cabinet)
306.3 Low-hazard factory industrial, Group F-2.
Factory industrial uses that involve the fabrication or manufacturing of noncombustible materials that during finishing,
packing or processing do not involve a significant fire hazard shall be classified as F-2 occupancies and shall include,
but not be limited to, the following:
• Beverages: up to and including 16-percent alcohol content
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• Brick and masonry
• Ceramic products
• Foundries
• Glass products
• Gypsum
• Ice
• Metal products (fabrication and assembly)
SECTION 307
HIGH-HAZARD GROUP H
[F] 307.1 High-hazard Group H.
High-hazard Group H occupancy includes, among others, the use of a building or structure, or a portion thereof,
that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health
hazard in quantities in excess of those allowed in control areas complying with Section 414, based on the maximum
allowable quantity limits for control areas set forth in Tables 307.1(1) and 307.1(2). Hazardous occupancies are
classified in Groups H-1, H-2, H-3, H-4 and H-5 and shall be in accordance with this section, the requirements
of Section 415 and the Fire Code of New York State. Hazardous materials stored, or used on top of roofs or canopies,
shall be classified as outdoor storage or use and shall comply with the Fire Code of New York State.
MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA OF HAZARDOUS
MATERIALS POSING A PHYSICAL HAZARDa, j, m, n, p
MATERIAL CLASS
GROUP WHENTHE
MAXIMUMALLOWABLEQUANTITY
ISEXCEEDED
STORAGEb
Solidpounds(cubic
feet) Liquidgallons(pounds)
Combustible
dust NA H-2 SeeNote q NA
Combustible
fiberq
Loose
H-3
(100)
NA
Baledo (1,000)
➡➡ Combustible
liquidc, i
II H-2 or H-3
NA
120d, e
IIIA H-2 or H-3 330d, e
IIIB NA 13,200e, f
Cryogenic
flammable NA H-2 NA 45d
Cryogenic
inert NA NA NA NA
Cryogenic
oxidizing NA H-3 NA 45d
Explosives
Division
1.1 H-1 1e, g (1)e, g
Division
1.2 H-1 1e, g (1)e, g
Division
1.3 H-1 or H-2 5e, g (5)e, g
Division
1.4 H-3 50e, g (50)e, g
• Motion pictures and television filming (without spectators) • Musical instruments • Optical goods • Paper mills or products • Photographic film • Plastic products • Printing or publishing • Recreational vehicles • Refuse incineration • Shoes • Soaps and detergents • Textiles • Tobacco • Trailers • Upholstering • Wood; distillation • Woodworking (cabinet) 306.3 Low-hazard factory industrial, Group F-2. Factory industrial uses that involve the fabrication or manufacturing of noncombustible materials that during finishing, packing or processing do not involve a significant fire hazard shall be classified as F-2 occupancies and shall include, but not be limited to, the following:
• Beverages: up to and including 16-percent alcohol content
• Brick and masonry
• Ceramic products
• Foundries
• Glass products
• Gypsum
• Ice
• Metal products (fabrication and assembly)
SECTION 307
HIGH-HAZARD GROUP H
[F] 307.1 High-hazard Group H.
High-hazard Group H occupancy includes, among others, the use of a building or structure, or a
portion thereof, that involves the manufacturing, processing, generation or storage of materials that
constitute a physical or health hazard in quantities in excess of those allowed in control areas complying
with Section 414, based on the maximum allowable quantity limits for control areas set forth in Tables
307.1(1) and 307.1(2). Hazardous occupancies are classified in Groups H-1, H-2, H-3, H-4 and H-5
and shall be in accordance with this section, the requirements of Section 415 and the Fire Code of New
York State. Hazardous materials stored, or used on top of roofs or canopies, shall be classified as
outdoor storage or use and shall comply with the Fire Code of New York State.
TABLE 307.1(1)
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[F] 307.1.1 Uses other than Group H.
An occupancy that stores, uses or handles hazardous materials as described in one or more of the following items
shall not be classified as Group H, but shall be classified as the occupancy that it most nearly resembles.
Buildings and structures occupied for the application of flammable finishes, provided that such buildings or areas
conform to the requirements of Section 416 and the Fire Code of New York State.
Wholesale and retail sales and storage of flammable and combustible liquids in mercantile occupancies conforming
to the Fire Code of New York State.
Closed piping system containing flammable or combustible liquids or gases utilized for the operation of machinery
or equipment.
Cleaning establishments that utilize combustible liquid solvents having a flash point of 140°F (60°C) or higher
in closed systems employing equipment listed by an approved testing agency, provided that this occupancy is
separated from all other areas of the building by 1-hour fire barriers constructed in accordance with Section 707 or
1-hour horizontal assemblies constructed in accordance with Section 711, or both.
Cleaning establishments that utilize a liquid solvent having a flash point at or above 200°F (93°C).
Liquor stores and distributors without bulk storage.
Refrigeration systems.
The storage or utilization of materials for agricultural purposes on the premises.
Stationary storage battery systems installed in accordance with the Fire Code of New York State.
Corrosive personal or household products in their original packaging used in retail display.
Commonly used corrosive building materials.
Buildings and structures occupied for aerosol product storage shall be classified as Group S-1, provided that such
buildings conform to the requirements of the Fire Code of New York State.
Display and storage of nonflammable solid and nonflammable or noncombustible liquid hazardous materials in
quantities not exceeding the maximum allowable quantity per control area in Group M or S occupancies complying
with Section 414.2.5.
The storage of black powder, smokeless propellant and small arms primers in Groups M and R-3 and special
industrial explosive devices in Groups B, F, M and S, provided such storage conforms to the quantity limits and
requirements prescribed in the Fire Code of New York State.
Stationary fuel cell power systems installed in accordance with the Fire Code of New York State.
Capacitor energy storage systems in accordance with the Fire Code of New York State.
Group B higher education laboratory occupancies complying with Section 428 and Chapter 38 of the Fire Code of
New York State.
[F] 307.2 Hazardous materials.
Hazardous materials in any quantity shall conform to the requirements of this code, including Section 414, and
the Fire Code of New York State.
[F] 307.3 High-hazard Group H-1.
Buildings and structures containing materials that pose a detonation hazard shall be classified as Group H-1. Such
materials shall include, but not be limited to, the following:
• Detonable pyrophoric materials
• Explosives:
o Division 1.1
o Division 1.2
o Division 1.3
o Division 1.4
o Division 1.5
o Division 1.6
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• Organic peroxides, unclassified detonable
• Oxidizers, Class 4
• Unstable (reactive) materials, Class 3 detonable and Class 4
[F] 307.3.1 Occupancies containing explosives not classified as H-1.
The following occupancies containing explosive materials shall be classified as follows:
1. Division 1.3 explosive materials that are used and maintained in a form where either confinement or
configuration will not elevate the hazard from a mass fire to mass explosion hazard shall be allowed in H-2
occupancies.
2. Articles, including articles packaged for shipment, that are not regulated as a Division 1.4 explosive under
Bureau of Alcohol, Tobacco, Firearms and Explosives regulations, or unpackaged articles used in process
operations that do not propagate a detonation or deflagration between articles shall be allowed in H-3
occupancies.
[F] 307.4 High-hazard Group H-2.
Buildings and structures containing materials that pose a deflagration hazard or a hazard from accelerated burning
shall be classified as Group H-2. Such materials shall include, but not be limited to, the following:
• Class I, II or IIIA flammable or combustible liquids that are used or stored in normally open containers or
systems, or in closed containers or systems pressurized at more than 15 pounds per square inch gauge (103.4
kPa).
Combustible dusts where manufactured, generated or used in such a manner that the concentration and conditions
create a fire or explosion hazard based on information prepared in accordance with Section 414.1.3.
• Cryogenic fluids, flammable.
• Flammable gases.
• Organic peroxides, Class I.
• Oxidizers, Class 3, that are used or stored in normally open containers or systems, or in closed containers or
systems pressurized at more than 15 pounds per square inch gauge (103 kPa).
• Pyrophoric liquids, solids and gases, nondetonable.
• Unstable (reactive) materials, Class 3, nondetonable.
• Water-reactive materials, Class 3.
[F] 307.5 High-hazard Group H-3.
Buildings and structures containing materials that readily support combustion or that pose a physical hazard shall be
classified as Group H-3. Such materials shall include, but not be limited to, the following:
• Class I, II or IIIA flammable or combustible liquids that are used or stored in normally closed containers or
systems pressurized at 15 pounds per square inch gauge (103.4 kPa) or less.
Combustible fibers, other than densely packed baled cotton, where manufactured, generated or used in such a
manner that the concentration and conditions create a fire or explosion hazard based on information prepared in
accordance with Section 414.1.3.
• Consumer fireworks, 1.4G (Class C, Common)
• Cryogenic fluids, oxidizing
• Flammable solids
• Organic peroxides, Class II and III
• Oxidizers, Class 2
• Oxidizers, Class 3, that are used or stored in normally closed containers or systems pressurized at 15 pounds
per square inch gauge (103 kPa) or less
• Oxidizing gases
• Unstable (reactive) materials, Class 2
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• Water-reactive materials, Class 2
[F] 307.6 High-hazard Group H-4.
Buildings and structures containing materials that are health hazards shall be classified as Group H-4. Such materials
shall include, but not be limited to, the following:
• Corrosives
• Highly toxic materials
• Toxic materials
[F] 307.7 High-hazard Group H-5.
Semiconductor fabrication facilities and comparable research and development areas in which hazardous
production materials (HPM) are used and the aggregate quantity of materials is in excess of those listed in Tables
307.1(1) and 307.1(2) shall be classified as Group H-5. Such facilities and areas shall be designed and constructed in
accordance with Section 415.11.
[F] 307.8 Multiple hazards.
Buildings and structures containing a material or materials representing hazards that are classified in one or more of
Groups H-1, H-2, H-3 and H-4 shall conform to the code requirements for each of the occupancies so classified.
SECTION 308
INSTITUTIONAL GROUP I
308.1 Institutional Group I.
Institutional Group I occupancy includes, among others, the use of a building or structure, or a portion thereof, in
which care or supervision is provided to persons who are or are not capable of self-preservation without physical
assistance or in which persons are detained for penal or correctional purposes or in which the liberty of the occupants
is restricted. Institutional occupancies shall be classified as Group I-1, I-2, I-3 or I-4.
308.2 Institutional Group I-1.
Institutional Group I-1 occupancy shall include buildings, structures or portions thereof for more than 16 persons,
excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care. Buildings of
Group I-1 shall be classified as one of the occupancy conditions specified in Section 308.2.1 or 308.2.2. This group
shall include, but not be limited to, the following:
• Alcohol and drug centers
• Assisted living facilities
• Congregate care facilities
• Group homes
• Halfway houses
• Residential board and care facilities
• Social rehabilitation facilities
308.2.1 Condition 1.
This occupancy condition shall include buildings in which all persons receiving custodial care who, without any
assistance, are capable of responding to an emergency situation to complete building evacuation.
308.2.2 Condition 2.
This occupancy condition shall include buildings in which there are any persons receiving custodial care who require
limited verbal or physical assistance while responding to an emergency situation to complete building evacuation.
308.2.3 Six to 16 persons receiving custodial care.
A facility housing not fewer than six and not more than 16 persons receiving custodial care shall be classified as Group
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R-4.
308.2.4 Five or fewer persons receiving custodial care.
A facility with five or fewer persons receiving custodial care shall be classified as Group R-3 or shall comply with
the Residential Code of New York State provided an automatic sprinkler system is installed in accordance with Section
903.3.1.3 or Section P2904 of the Residential Code of New York State.
308.3 Institutional Group I-2.
Institutional Group I-2 occupancy shall include buildings and structures used for medical care on a 24-hour basis for
more than five persons who are incapable of self-preservation. This group shall include, but not be limited to, the following:
• Foster care facilities
• Detoxification facilities
• Hospitals
• Nursing homes
• Psychiatric hospitals
308.3.1 Occupancy conditions.
Buildings of Group I-2 shall be classified as one of the occupancy conditions specified in Section
308.3.1.1 or 308.3.1.2.
308.3.1.1 Condition 1.
This occupancy condition shall include facilities that provide nursing and medical care but do not provide emergency
care, surgery, obstetrics or in-patient stabilization units for psychiatric or detoxification, including but not limited to
nursing homes and foster care facilities.
308.3.1.2 Condition 2.
This occupancy condition shall include facilities that provide nursing and medical care and could provide emergency
care, surgery, obstetrics or in-patient stabilization units for psychiatric or detoxification, including but not limited to
hospitals.
308.3.2 Five or fewer persons receiving medical care.
A facility with five or fewer persons receiving medical care shall be classified as Group R-3 or shall comply with
the Residential Code of New York State provided an automatic sprinkler system is installed in accordance with Section
903.3.1.3 or Section P2904 of the Residential Code of New York State.
308.4 Institutional Group I-3.
Institutional Group I-3 occupancy shall include buildings and structures that are inhabited by more than five persons
who are under restraint or security. A Group I-3 facility is occupied by persons who are generally incapable of self-
preservation due to security measures not under the occupants’ control. This group shall include, but not be limited to,
the following:
• Correctional centers
• Detention centers
• Jails
• Prerelease centers
• Prisons
• Reformatories
Buildings of Group I-3 shall be classified as one of the occupancy conditions specified in Sections
308.4.1 through 308.4.5 (see Section 408.1).
308.4.1 Condition 1.
This occupancy condition shall include buildings in which free movement is allowed from sleeping areas, and other
spaces where access or occupancy is permitted, to the exterior via means of egress without restraint. A Condition 1
facility is permitted to be constructed as Group R.
308.4.2 Condition 2.
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This occupancy condition shall include buildings in which free movement is allowed from sleeping areas and any other
occupied smoke compartment to one or more other smoke compartments. Egress to the exterior is impeded by locked exits.
308.4.3 Condition 3.
This occupancy condition shall include buildings in which free movement is allowed within individual smoke compartments,
such as within a residential unit comprised of individual sleeping units and group activity spaces, where egress is impeded
by remotecontrolled release of means of egress from such a smoke compartment to another smoke compartment.
308.4.4 Condition 4.
This occupancy condition shall include buildings in which free movement is restricted from an occupied space.
Remote-controlled release is provided to permit movement from sleeping units, activity spaces and other occupied areas
within the smoke compartment to other smoke compartments.
308.4.5 Condition 5.
This occupancy condition shall include buildings in which free movement is restricted from an occupied space. Staff-
controlled manual release is provided to permit movement from sleeping units, activity spaces and other occupied areas
within the smoke compartment to other smoke compartments.
308.5 Institutional Group I-4, day care facilities.
Institutional Group I-4 occupancy shall include buildings and structures occupied by more than five persons of any
age who receive custodial care for fewer than 24 hours per day by persons other than parents or guardians, relatives by
blood, marriage or adoption, and in a place other than the home of the person cared for. This group shall include, but
not be limited to, the following:
• Adult day care
• Child day care
308.5.1 Classification as Group E.
A child day care facility that provides care for more than five but not more than 100 children 21/2 years or less of age,
where the rooms in which the children are cared for are located on a level of exit discharge serving such rooms and each
of these child care rooms has an exit door directly to the exterior, shall be classified as Group E.
308.5.2 Within a place of religious worship.
Rooms and spaces within places of religious worship providing such care during religious functions shall be classified as
part of the primary occupancy.
308.5.3 Five or fewer persons receiving care.
A facility having five or fewer persons receiving custodial care shall be classified as part of the primary occupancy.
308.5.4 Five or fewer persons receiving care in a dwelling unit.
A facility such as the above within a dwelling unit and having five or fewer persons receiving custodial care shall be
classified as a Group R-3 occupancy or shall comply with the Residential Code of New York State.
SECTION 309
MERCANTILE GROUP M
309.1 Mercantile Group M.
Mercantile Group M occupancy includes, among others, the use of a building or structure or a portion thereof for
the display and sale of merchandise, and involves stocks of goods, wares or merchandise incidental to such purposes
and accessible to the public. Mercantile occupancies shall include, but not be limited to, the following:
• Department stores
• Drug stores
• Markets
• Greenhouses for display and sale of plants that provide public access.
• Motor fuel-dispensing facilities
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• Retail or wholesale stores
• Sales rooms
309.2 Quantity of hazardous materials.
The aggregate quantity of nonflammable solid and nonflammable or noncombustible liquid hazardous materials
stored or displayed in a single control area of a Group M occupancy shall not exceed the quantities in Table
414.2.5(1).
SECTION 310
RESIDENTIAL GROUP R
310.1 Residential Group R.
Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping
purposes when not classified as an Institutional Group I or when not regulated by the Residential Code of New York
State.
310.2 Residential Group R-1.
Residential Group R-1 occupancies containing sleeping units where the occupants are primarily transient in nature,
including:
• Boarding houses (transient) with more than 10 occupants
• Congregate living facilities (transient) with more than 10 occupants
• Hotels (transient)
• Motels (transient)
310.3 Residential Group R-2.
Residential Group R-2 occupancies containing sleeping units or more than two dwelling units where the occupants are
primarily permanent in nature, including:
• Apartment houses
• Congregate living facilities (nontransient) with more than 16 occupants
o Boarding houses (nontransient)
o Convents
o Dormitories
o Fraternities and sororities
o Monasteries
• Hotels (nontransient)
• Live/work units
• Motels (nontransient)
• Vacation timeshare properties
310.4 Residential Group R-3.
Residential Group R-3 occupancies where the occupants are primarily permanent in nature and not classified as
Group R-1, R-2, R-4 or I, including:
• Buildings that do not contain more than two dwelling units
• Care facilities that provide accommodations for five or fewer persons receiving care
• Congregate living facilities (nontransient) with 16 or fewer occupants
o Boarding houses (nontransient)
o Convents
o Dormitories
o Fraternities and sororities
o Monasteries
• Congregate living facilities (transient) with 10 or fewer occupants
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o Boarding houses (transient)
• Lodging houses (transient) with five or fewer guest rooms and 10 or fewer occupants
310.4.1 Care facilities within a dwelling.
Care facilities for five or fewer persons receiving care that are within a single-family dwelling are permitted to
comply with the Residential Code of New York State provided an automatic sprinkler system is installed in accordance
with Section 903.3.1.3 or Section P2904 of the Residential Code of New York State.
310.4.2 Lodging houses.
Owner-occupied lodging houses with five or fewer guest rooms and 10 or fewer total occupants shall be permitted to be
constructed in accordance with the Residential Code of New York State.
310.5 Residential Group R-4.
Residential Group R-4 occupancy shall include buildings, structures or portions thereof for more than five but
not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment
and receive custodial care. Buildings of Group R-4 shall be classified as one of the occupancy conditions specified
in Section 310.5.1 or 310.5.2. This group shall include, but not be limited to, the following:
• Alcohol and drug centers
• Assisted living facilities
• Congregate care facilities
• Group homes
• Halfway houses
• Residential board and care facilities
• Social rehabilitation facilities
Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3, except as
otherwise provided for in this code.
310.5.1 Condition 1.
This occupancy condition shall include buildings in which all persons receiving custodial care, without any assistance,
are capable of responding to an emergency situation to complete building evacuation.
310.5.2 Condition 2.
This occupancy condition shall include buildings in which there are any persons receiving custodial care who require
limited verbal or physical assistance while responding to an emergency situation to complete building evacuation.
SECTION 311
STORAGE GROUP S
311.1 Storage Group S.
Storage Group S occupancy includes, among others, the use of a building or structure, or a portion thereof, for
storage that is not classified as a hazardous occupancy.
311.1.1 Accessory storage spaces.
A room or space used for storage purposes that is accessory to another occupancy shall be classified as part of that
occupancy.
311.2 Moderate-hazard storage, Group S-1.
Storage Group S-1 occupancies are buildings occupied for storage uses that are not classified as Group S-2, including,
but not limited to, storage of the following:
• Aerosol products, Levels 2 and 3
• Aircraft hangar (storage and repair)
• Bags: cloth, burlap and paper
• Bamboos and rattan
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• Baskets
• Belting: canvas and leather
• Books and paper in rolls or packs
• Boots and shoes
• Buttons, including cloth covered, pearl or bone
• Cardboard and cardboard boxes
• Clothing, woolen wearing apparel
• Cordage
• Dry boat storage (indoor)
• Furniture
• Furs
• Glues, mucilage, pastes and size
• Grains
• Horns and combs, other than celluloid
• Leather
• Linoleum
• Lumber
Motor vehicle repair garages complying with the maximum allowable quantities of hazardous materials listed
in Table 307.1(1) (see Section 406.8)
• Photo engravings
• Resilient flooring
• Self-service storage facility (mini-storage)
• Silks
• Soaps
• Sugar
• Tires, bulk storage of
• Tobacco, cigars, cigarettes and snuff
• Upholstery and mattresses
• Wax candles
311.3 Low-hazard storage, Group S-2.
Storage Group S-2 occupancies include, among others, buildings used for the storage of noncombustible materials
such as products on wood pallets or in paper cartons with or without single thickness divisions; or in paper wrappings.
Such products are permitted to have a negligible amount of plastic trim, such as knobs, handles or film wrapping.
Group S-2 storage uses shall include, but not be limited to, storage of the following:
• Asbestos
• Beverages up to and including 16-percent alcohol in metal, glass or ceramic containers
• Cement in bags
• Chalk and crayons
• Dairy products in nonwaxed coated paper containers
• Dry cell batteries
• Electrical coils
• Electrical motors
• Empty cans
• Food products
• Foods in noncombustible containers
• Fresh fruits and vegetables in nonplastic trays or containers
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• Frozen foods
• Glass
• Glass bottles, empty or filled with noncombustible liquids
• Gypsum board
• Inert pigments
• Ivory
• Meats
• Metal cabinets
• Metal desks with plastic tops and trim
• Metal parts
• Metals
• Mirrors
• Oil-filled and other types of distribution transformers
• Parking garages, open or enclosed
• Porcelain and pottery
• Stoves
• Talc and soapstones
• Washers and dryers
SECTION 312
UTILITY AND MISCELLANEOUS GROUP U
[NY] 312.1 General.
Buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy
shall be constructed, equipped and maintained to conform to the requirements of this code commensurate with the
fire and life hazard incidental to their occupancy. Group U shall include, but not be limited to, the following:
• Agricultural buildings
Aircraft hangars, accessory to a one- or two-family residence (see Section 412.4)
• Barns
• Carports
• Communication equipment structures with a gross floor area of less than 1,500 square feet (139 m2)
• Fences more than 6 feet (1829 mm) in height
• Grain silos, accessory to a residential occupancy
• Live fire training facilities
• Livestock shelters
• Private garages
• Retaining walls
• Sheds
• Stables
• Tanks
• Towers
312.1.1 Greenhouses.
Greenhouses not classified as another occupancy shall be classified as Use Group U.
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8. NYS Building Code 2020
c. Chapter 11 Accessibility
1107.7 General Exceptions
Where specifically permitted by Section 1107.5 or 1107.6, the required number of Type A units and Type B units is
permitted to be reduced in accordance with Sections 1107.7.1 through 1107.7.5.
1107.7.1 Structures Without Elevator Service
Where elevator service is not provided in a structure, only the dwelling units and sleeping units that are located on
stories indicated in Sections 1107.7.1.1 and 1107.7.1.2 are required to be Type A units and Type B units, respectively.
The number of Type A units shall be determined in accordance with Section 1107.6.2.2.1.
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1107.7.1.1 One Story With Type B Units Required
At least one story containing dwelling units or sleeping units intended to be occupied as a residence shall be
provided with an accessible entrance from the exterior of the structure and all units intended to be occupied
as a residence on that story shall be Type B units.
1107.7.1.2 Additional Stories With Type B Units
Where stories have entrances not included in determining compliance with Section 1107.7.1.1, and such entrances are
proximate to arrival points intended to serve units on that story, as indicated in Items 1 and 2, all dwelling units and
sleeping units intended to be occupied as a residence served by that entrance on that story shall be Type B units.Where
the slopes of the undisturbed site measured between the planned entrance and all vehicular or pedestrian arrival
points within 50 feet (15 240 mm) of the planned entrance are 10 percent or less.Where the slopes of the planned
finished grade measured between the entrance and all vehicular or pedestrian arrival points within 50 feet (15 240
mm) of the planned entrance are 10 percent or less. Where arrival points are not within 50 feet (15 240 mm) of the
entrance, the closest arrival point shall be used to determine access unless that arrival point serves the story required
by Section 1107.7.1.1.
1107.7.2 Multistory Units
A multistory dwelling unit or sleeping unit that is not provided with elevator service is not required to be a Type B
unit. Where a multistory unit is provided with external elevator service to only one floor, the floor provided with
elevator service shall be the primary entry to the unit, shall comply with the requirements for a Type B unit and, where
provided within the unit, a living area, a kitchen and a toilet facility shall be provided on that floor.
1107.7.3 Elevator Service to the Lowest Story With Units
Where elevator service in the building provides an accessible route only to the lowest story containing dwelling units
or sleeping units intended to be occupied as a residence, only the units on that story that are intended to be occupied
as a residence are required to be Type B units.
1107.7.4 Site Impracticality
On a site with multiple nonelevator buildings, the number of units required by Section 1107.7.1 to be Type B units
is permitted to be reduced to a percentage that is equal to the percentage of the entire site having grades, prior to
development, that are less than 10 percent, provided that all of the following conditions are met:Not less than 20
percent of the units required by Section 1107.7.1 on the site are Type B units.Units required by Section 1107.7.1,
where the slope between the building entrance serving the units on that story and a pedestrian or vehicular arrival
point is not greater than 8.33 percent, are Type B units.Units required by Section 1107.7.1, where an elevated walkway
is planned between a building entrance serving the units on that story and a pedestrian or vehicular arrival point and
the slope between them is 10 percent or less, are Type B units.Units served by an elevator in accordance with Section
1107.7.3 are Type B units.
1107.7.5 Design Flood Elevation
The required number of Type A units and Type B units shall not apply to a site where the required elevation of
the lowest floor or the lowest horizontal structural building members of nonelevator buildings are at or above the
design flood elevation resulting in all of the following:A difference in elevation between the minimum required floor
elevation at the primary entrances and vehicular and pedestrian arrival points within 50 feet (15 240 mm) exceeding
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30 inches (762 mm).A slope exceeding 10 percent between the minimum required floor elevation at the primary
entrances and vehicular and pedestrian arrival points within 50 feet (15 240 mm).Where such arrival points are not
within 50 feet (15 240 mm) of the primary entrances, the closest arrival points shall be used.
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1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center
shall be permitted to project not more than 6 inches (152 mm) below the required ceiling height.
2. If any room in a building has a sloped ceiling, the prescribed ceiling height for the room is required
in one-half the area thereof. Any portion of the room measuring less than 5 feet (1524 mm) from the
finished floor to the ceiling shall not be included in any computation of the minimum area thereof.
3. The height of mezzanines and spaces below mezzanines shall be in accordance with Section 505.2.
4. Corridors contained within a dwelling unit or sleeping unit in a Group R occupancy shall have a ceiling
height of not less than 7 feet (2134 mm) above the finished floor.
1207.2.1 Furred Ceiling
Any room with a furred ceiling shall be required to have the minimum ceiling height in two-thirds of
the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet (2134 mm).
NY BC 1207.3 Room Area ('20)
Every dwelling unit shall have not less than one room that shall have not less than 120 square feet (11.2 m2)
of net floor area. Other habitable rooms shall have a net floor area of not less than 70 square feet (6.5 m2).
Exception: Kitchens are not required to be of a minimum floor area.
NY BC 1207.4
An efficiency living unit shall conform to the requirements of the code except as modified herein:
1. The unit shall have a living room of not less than 220 square feet (20.4 m2) of floor area. An
additional 100 square feet (9.3 m2) of floor area shall be provided for each occupant of such unit in
excess of two.
2. The unit shall be provided with a separate closet.
3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each
having a clear working space of not less than 30 inches (762 mm) in front. Light
and ventilation conforming to this code shall be provided.
4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub
or shower.
1. NYS Building Code 2020 on minimum room/dwelling unit size Section 202 Definitions [BG] BOARDING HOUSE. A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit. [BG] DORMITORY. A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses. [A] DWELLING. A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. [A] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. [BE] FLOOR AREA, GROSS. The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts. [BE] FLOOR AREA, NET. The actual occupied area not including unoccupied accessory areas such as corridors, stairways, ramps, toilet rooms, mechanical rooms and closets. [BF] INTERIOR WALL AND CEILING FINISH. The exposed interior surfaces of buildings, including but not limited to: fixed or movable walls and partitions; toilet room privacy partitions; columns; ceilings; and interior wainscoting, paneling or other finish applied structurally or for decoration, acoustical correction, surface insulation, structural fire resistance or similar purposes, but not including trim. [A] SLEEPING UNIT. A single unit that provides rooms or spaces for one or more persons, includes permanent provisions for sleeping and can include provisions for living, eating and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping
units.
[BE] MULTISTORY UNIT. A dwelling unit or sleeping unit with habitable space located on more than one
story.
1207.1 Minimum Room Widths
Habitable spaces, other than a kitchen, shall be not less than 7 feet (2134 mm) in any plan dimension. Kitchens
shall have a clear passageway of not less than 3 feet (914 mm) between counter fronts and appliances or
counter fronts and walls.
1207.2 Minimum Ceiling Heights
Occupiable spaces, habitable spaces and corridors shall have a ceiling height of not less than 7 feet 6 inches (2286
mm) above the finished floor. Bathrooms, toilet rooms, kitchens, storage rooms and laundry rooms shall
have a ceiling height of not less than 7 feet (2134 mm) above the finished floor.
Exceptions:
8. NYS Building Code 2020
d. Chapter 12 Interior Environment
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8. NYS Building Code 2020
e. Chapter 16 Structural Design
SECTION 1612 FLOOD LOADS
1612.1 General.
Within flood hazard areas as established in Section 1612.3, all new construction of buildings, structures and portions
of buildings and structures, including substantial improvement and restoration of substantial damage to buildings
and structures, shall be designed and constructed to resist the effects of flood hazards and flood loads. For
buildings that are located in more than one flood hazard area, the provisions associated with the most restrictive flood
hazard area shall apply.
1612.2 Design and construction.
The design and construction of buildings and structures located in flood hazard areas, including coastal high hazard
areas and coastal A zones, shall be in accordance with Chapter 5 of ASCE 7 and ASCE 24.
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1612.2.1ASCE 7 and ASCE 24.
The design flood elevation (DFE) specified in ASCE 7 and ASCE 24 shall be the design flood elevation determined
in accordance with Sections 1612.3 through 1612.3.1.1.
1612.3 Establishment of flood hazard areas.
To establish flood hazard areas, each community regulated under Title 19, Part 1203 of the Official
Compilation of Codes, Rules and Regulations of the State of New York (NYCRR) shall adopt a flood
hazard map and supporting data. The flood hazard map shall include, at a minimum, the special flood
hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for
the community, as amended or revised with:
1. The accompanying Flood Insurance Rate Map (FIRM),
2. The Flood Boundary and Floodway Map (FBFM), and
3. Related supporting data along with any revisions thereto.
The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part
of this section.
1612.3.1 Design flood elevations.
Where design flood elevations are not included in the flood hazard areas established in Section 1612.3, or where
floodways are not designated, the building official is authorized to require the applicant to do one of the following:
1. 1.Obtain and reasonably utilize any design flood elevation (DFE) and floodway data available from a federal,
state or other source.
2. 2.Determine the design flood elevation or floodway in accordance with accepted hydrologic and hydraulic
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engineering practices used to define special flood hazard areas. Determinations shall be undertaken by
a registered design professional who shall document that the technical methods used reflect currently accepted
engineering practice.
Exception: Where it is not possible to obtain a design flood elevation in accordance with Section 1612.3.1, Items
1 and 2, the design flood elevation shall be 3 feet (914 mm) above the highest adjacent grade, where the highest
adjacent grade is the natural ground elevation within the perimeter of the proposed building prior to construction.
1612.3.1.1 Freeboard.
The design flood elevation for the design and construction of buildings and structures shall be determined in
accordance with Sections 1612.3 through 1612.3.1, as applicable, plus a freeboard of 2 feet (610 mm).
Exception: Freeboard is not required when the exception to 1612.3.1 is applied.
1612.3.2 Determination of impacts.
In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the
applicant shall provide a floodway analysis that demonstrates that the proposed work will not increase the design
flood elevation more than 1 foot (305 mm) at any point within the jurisdiction of the applicable governing authority.
For the purpose of applying this section, the design flood elevation shall be the elevation established in accordance
with Sections 1612.3 through 1612.3.1 and shall not include the application of freeboard.
1612.4 Flood hazard documentation.
The following documentation shall be prepared and sealed by a registered design professional and submitted to the building
official:
1. 1.For construction in flood hazard areas other than coastal high hazard areas or coastal A zones:
1.1.The elevation of the lowest floor, including the basement, as required in Section 106.2.6.2.
1.2.For fully enclosed areas below the design flood elevation where provisions to allow for the automatic entry and
exit of floodwaters do not meet the minimum requirements in Section 2.7.2.1 of ASCE 24, construction documents shall
include a statement that the design will provide for equalization of hydrostatic flood forces in accordance with
Section 2.7.2.2 of ASCE 24.
1.3.For dry floodproofed nonresidential buildings, construction documents shall include a statement that the dry
floodproofing is designed in accordance with ASCE 24.
2. 2.For construction in coastal high hazard areas and coastal A zones:
2.1.The elevation of the bottom of the lowest horizontal structural member as required in Section 106.2.6.2.
2.2.Construction documents shall include a statement that the building is designed in accordance with ASCE 24,
including that the pile or column foundation and building or structure to be attached thereto is designed to be
anchored to resist flotation, collapse and lateral movement due to the effects of wind and flood loads acting
simultaneously on all building components, and other load requirements of Chapter 16.
2.3.For breakaway walls designed to have a resistance of more than 20 psf (0.96 kN/m2) determined using allowable
stress design, construction documents shall include a statement that the breakaway wall is designed in accordance
with ASCE 24.
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8. NYS Building Code 2020
f. Appendix G Flood-Resistant Construction
SECTION G101
ADMINISTRATION
G101.1 Purpose.
The purpose of this appendix is to promote the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive
regulations for management of flood hazard areas designed to:
1. 1.Prevent unnecessary disruption of commerce, access and public service during times of flooding.
2. 2.Manage the alteration of natural flood plains, stream channels and shorelines.
3. 3.Manage filling, grading, dredging and other development that may increase flood damage or erosion potential.
4. 4.Prevent or regulate the construction of flood barriers that will divert floodwaters or that can increase flood
hazards.
5. 5.Contribute to improved construction techniques in the flood plain.
G101.2 Objectives.
The objectives of this appendix are to protect human life, minimize the expenditure of public money for flood control
projects, minimize the need for rescue and relief efforts associated with flooding, minimize prolonged business
interruption, minimize damage to public facilities and utilities, help maintain a stable tax base by providing for the
sound use and development of flood-prone areas, contribute to improved construction techniques in the flood plain
and ensure that potential owners and occupants are notified that property is within flood hazard areas.
G101.3 Scope.
The provisions of this appendix shall apply to all proposed development in a flood hazard area established in Section
1612 of this code, including certain building work exempt from permit under Section 105.2.
G101.4 Violations.
Any violation of a provision of this appendix, or failure to comply with a permit or variance issued pursuant to this
appendix or any requirement of this appendix, shall be handled in accordance with Section 114.
SECTION G102
APPLICABILITY
G102.1 General.
This appendix, in conjunction with this code, provides minimum requirements for development located in flood
hazard areas, including:
1. 1.The subdivision of land.
2. 2.Site improvements and installation of utilities.
3. 3.Placement and replacement of manufactured homes.
4. 4.Placement of recreational vehicles.
5. 5.New construction and repair, reconstruction, rehabilitation or additions to new construction.
6. 6.Substantial improvement of existing buildings and structures, including restoration after damage.
7. 7.Installation of tanks.
8. 8.Temporary structures.
9. 9.Temporary or permanent storage, utility and miscellaneous Group U buildings and structures.
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10.Certain building work exempt from permit under Section 105.2 and other buildings and development activities.
G102.2 Establishment of flood hazard areas.
Flood hazard areas are established in Section 1612.3 of this code, adopted by the applicable governing authority
on [INSERT DATE].
SECTION G103
POWERS AND DUTIES
G103.1 Permit applications.
All applications for permits must comply with the following:
1.The building official shall review all permit applications to determine whether proposed development is located in flood
hazard areas established in Section G102.2.
2.Where a proposed development site is in a flood hazard area, all development to which this appendix is applicable
as specified in Section G102.1 shall be designed and constructed with methods, practices and materials that
minimize flood damage and that are in accordance with this code and ASCE 24.
G103.2 Other permits.
It shall be the responsibility of the building official to ensure that approval of a proposed development shall not be
given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such
development.
G103.3 Determination of design flood elevations.
If design flood elevations are not specified, the building official is authorized to require the applicant to meet one of
the following:
1. 1.Obtain, review and reasonably utilize data available from a federal, state or other source.
2. 2.Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering
techniques. Such analyses shall be performed and sealed by a registered design professional. Studies, analyses and
computations shall be submitted in sufficient detail to allow review and approval by the building official. The
accuracy of data submitted for such determination shall be the responsibility of the applicant.
G103.4 Activities in riverine flood hazard areas.
In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated,
the building official shall not permit any new construction, substantial improvement or other development, including
fill, unless the applicant submits an engineering analysis prepared by a registered design professional, demonstrating that
the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard
area encroachment, will not increase the design flood elevation more than 1 foot (305 mm) at any point within the
community.
G103.5 Floodway encroachment.
Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and
other development or land-disturbing activity, the building official shall require submission of a certification, prepared
by a registered design professional, along with supporting technical data, demonstrating that such development will not
cause any increase of the base flood level.
G103.5.1 Floodway revisions.
A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a
conditional Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency
Management Agency (FEMA).
G103.6 Watercourse alteration.
Prior to issuing a permit for any alteration or relocation of any watercourse, the building official shall require the applicant
to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well
as appropriate state agencies. A copy of the notification shall be maintained in the permit records and submitted to
FEMA.
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G103.6.1 Engineering analysis.
The building official shall require submission of an engineering analysis, prepared by a registered design professional,
demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be
decreased. Such watercourses shall be maintained in a manner that preserves the channel’s flood-carrying capacity.
G103.7 Alterations in coastal areas.
Prior to issuing a permit for any alteration of sand dunes and mangrove stands in coastal high-hazard areas and coastal
A zones, the building official shall require submission of an engineering analysis, prepared by a registered design professional,
demonstrating that the proposed alteration will not increase the potential for flood damage.
G103.8 Records.
The building official shall maintain a permanent record of all permits issued in flood hazard areas, including supporting
certifications and documentation required by this appendix and copies of inspection reports, design certifications
and documentation of elevations required in Section 1612 of this code and Section R322 of the Residential Code
of New York State.
G103.9 Inspections.
Development for which a permit under this appendix is required shall be subject to inspection. The building official or
the building official’s designee shall make, or cause to be made, inspections of all development in flood hazard areas authorized
by issuance of a permit under this appendix.
SECTION G104
PERMITS
G104.1 Required.
Any person, owner or owner’s authorized agent who intends to conduct any development in a flood hazard area shall
first make application to the building official and shall obtain the required permit.
G104.2 Application for permit.
The applicant shall file an application in writing on a form furnished by the building official. Such application shall:
1. 1.Identify and describe the development to be covered by the permit.
2. 2.Describe the land on which the proposed development is to be conducted by legal description, street address
or similar description that will readily identify and definitely locate the site.
3. 3.Include a site plan showing the delineation of flood hazard areas, floodway boundaries, flood zones, design flood
elevations, ground elevations, proposed fill and excavation and drainage patterns and facilities.
4.Include in subdivision proposals and other proposed developments with more than 50 lots or larger than 5 acres
(20 234 m2), base flood elevation data in accordance with Section 1612.3.1 if such data are not identified for the flood
hazard areas established in Section G102.2.
5.Indicate the use and occupancy for which the proposed development is intended.
6.Be accompanied by construction documents, grading and filling plans and other information deemed appropriate
by the building official.
7.State the valuation of the proposed work.
4. 8.Be signed by the applicant or the applicant’s authorized agent.
G104.3 Validity of permit.
The issuance of a permit under this appendix shall not be construed to be a permit for, or approval of, any violation
of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents
and information shall not prevent the building official from requiring the correction of errors. The building official is
authorized to prevent occupancy or use of a structure or site that is in violation of this appendix or other ordinances
of this jurisdiction.
G104.4 Expiration.
A permit shall become invalid if the proposed development is not commenced within 180 days after its issuance, or if
the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall
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be requested in writing and justifiable cause demonstrated. The building official is authorized to grant, in writing, one or
more extensions of time, for periods not more than 180 days each.
G104.5 Suspension or revocation.
The building official is authorized to suspend or revoke a permit issued under this appendix wherever the permit is issued
in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code
of this jurisdiction.
SECTION G105
VARIANCES
G105.1 General.
The board of appeals established pursuant to Section 113 shall hear and decide requests for variances. The board of
appeals shall base its determination on technical justifications, and has the right to attach such conditions to variances
as it deems necessary to further the purposes and objectives of this appendix and Section 1612.
G105.2 Records.
The building official shall maintain a permanent record of all variance actions, including justification for their issuance.
G105.3 Historic structures.
A variance is authorized to be issued for the repair or rehabilitation of a historic structure upon a determination that
the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and
the variance is the minimum necessary to preserve the historic character and design of the structure.
Exception: Within flood hazard areas, historic structures that do not meet one or more of the following designations:
1. 1.Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places.
2. 2.Determined by the Secretary of the U.S. Department of Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined to qualify as an historic
district.
3. 3.Designated as historic under a state or local historic preservation program that is approved by the
Department of Interior.
G105.4 Functionally dependent facilities.
A variance is authorized to be issued for the construction or substantial improvement of a functionally dependent
facility provided that the criteria in Section 1612.1 are met and the variance is the minimum necessary to allow the
construction or substantial improvement, and that all due consideration has been given to methods and materials
that minimize flood damages during the design flood and do not create additional threats to public safety.
G105.5 Restrictions.
The board of appeals shall not issue a variance for any proposed development in a floodway if any increase in flood
levels would result during the base flood discharge.
G105.6 Considerations.
In reviewing applications for variances, the board of appeals shall consider all technical evaluations, all relevant factors,
all other portions of this appendix and the following:
1. 1.The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
2. 2.The danger to life and property due to flooding or erosion damage.
3. 3.The susceptibility of the proposed development, including contents, to flood damage and the effect of such
damage on current and future owners.
4. 4.The importance of the services provided by the proposed development to the community.
5. 5.The availability of alternate locations for the proposed development that are not subject to flooding or
erosion.
6. 6.The compatibility of the proposed development with existing and anticipated development.
7. 7.The relationship of the proposed development to the comprehensive plan and flood plain management
program for that area.
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8. 8.The safety of access to the property in times of flood for ordinary and emergency vehicles.
9. 9.The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters
and the effects of wave action, if applicable, expected at the site.
10. 10.The costs of providing governmental services during and after flood conditions including maintenance
and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.
G105.7 Conditions for issuance.
Variances shall only be issued by the board of appeals where all of the following criteria are met:
1. 1.A technical showing of good and sufficient cause that the unique characteristics of the size, configuration
or topography of the site renders the elevation standards inappropriate.
2. 2.A determination that failure to grant the variance would result in exceptional hardship by rendering the lot
undevelopable.
3. 3.A determination that the granting of a variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the
public or conflict with existing local laws or ordinances.
4. 4.A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. 5.Notification to the applicant in writing over the signature of the building official that the issuance of a
variance to construct a structure below the base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below
the base flood level increases risks to life and property.
SECTION G201
DEFINITIONS
G201.1 General.
The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer
to Chapter 2 of this code for general definitions.
G201.2 Definitions.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to,
buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging,
filling, grading, paving, excavations, operations and other land-disturbing activities.
FUNCTIONALLY DEPENDENT FACILITY. A facility that cannot be used for its intended purpose unless
it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading
or unloading of cargo or passengers, shipbuilding or ship repair. The term does not include long-term storage,
manufacture, sales or service facilities.
MANUFACTURED HOME. A structure that is transportable in one or more sections, built on a permanent chassis,
designed for use with or without a permanent foundation when attached to the required utilities, and constructed
to the Federal Mobile Home Construction and Safety Standards and rules and regulations promulgated by the U.S.
Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers
and similar transportable structures that are placed on a site for 180 consecutive days or longer.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, 400 square feet (37.16 m2) or less when
measured at the largest horizontal projection, designed to be selfpropelled or permanently towable by a light-duty
truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick disconnect-type utilities and security devices and has no permanently attached
additions.
VARIANCE. A grant of relief from the requirements of this section that permits construction in a manner otherwise
prohibited by this section where specific enforcement would result in unnecessary hardship.
VIOLATION. A development that is not fully compliant with this appendix or Section 1612, as applicable.
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SECTION G301
SUBDIVISIONS
G301.1 General.
Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed
new development in a flood hazard area shall be reviewed to verify all of the following:
1. 1.Such proposals are consistent with the need to minimize flood damage.
2. 2.Public utilities and facilities, such as sewer, gas, electric and water systems, are located and constructed to
minimize or eliminate flood damage.
3. 3.Adequate drainage is provided to reduce exposure to flood hazards.
G301.2 Subdivision requirements.
The following requirements shall apply in the case of any proposed subdivision, including proposals for manufactured
home parks and subdivisions, any portion of which lies within a flood hazard area:
1. 1.The flood hazard area, including floodways, coastal high-hazard areas and coastal A zones, as appropriate, shall
be delineated on tentative and final subdivision plats.
2. 2.Design flood elevations shall be shown on tentative and final subdivision plats.
3. 3.Residential building lots shall be provided with adequate buildable area outside the floodway.
4. 4.The design criteria for utilities and facilities set forth in this appendix and appropriate International Codes
shall be met.
SECTION G401
SITE IMPROVEMENT
G401.1 Development in floodways.
Development or land-disturbing activity shall not be authorized in the floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, and prepared
by a registered design professional, that the proposed encroachment will not result in any increase in the base flood level.
G401.2 Coastal high-hazard areas and coastal A zones.
In coastal high-hazard areas and coastal A zones:
1. 1.New buildings and buildings that are substantially improved shall only be authorized landward of the reach
of mean high tide.
2. 2.The use of fill for structural support of buildings is prohibited.
G401.3 Sewer facilities.
All new or replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and
collector systems) and on-site waste disposal systems shall be designed in accordance with Chapter 7, ASCE 24, to
minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters,
or impairment of the facilities and systems.
G401.4 Water facilities.
All new or replacement water facilities shall be designed in accordance with the provisions of Chapter 7, ASCE 24,
to minimize or eliminate infiltration of floodwaters into the systems.
G401.5 Storm drainage.
Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons
or property.
G401.6 Streets and sidewalks.
Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.
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SECTION G501
MANUFACTURED HOMES
G501.1 Elevation.
All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be
elevated such that the lowest floor of the manufactured home is elevated to or above the design flood elevation.
G501.2 Foundations.
All new and replacement manufactured homes, including substantial improvement of existing manufactured
homes, shall be placed on a permanent, reinforced foundation that is designed in accordance with Section R322 of
the International Residential Code.
G501.3 Anchoring.
All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be
installed using methods and practices that minimize flood damage. Manufactured homes shall be securely anchored to
an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring
are authorized to include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement
is in addition to applicable state and local anchoring requirements for resisting wind forces.
G501.4 Protection of mechanical equipment and outside appliances.
Mechanical equipment and outside appliances shall be elevated to or above the design flood elevation.
Exception: Where such equipment and appliances are designed and installed to prevent water from entering or
accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic
loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required
by Section R322 of the International Residential Code, the systems and equipment shall be permitted to be located
below the elevation required by Section R322 of the International Residential Code. Electrical wiring systems shall be
permitted below the design flood elevation provided that they conform to the provisions of NFPA 70.
G501.5 Enclosures.
Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section R322 of
the International Residential Code.
SECTION G601
RECREATIONAL VEHICLES
G601.1 Placement prohibited.
The placement of recreational vehicles shall not be authorized in coastal high-hazard areas and in floodways.
G601.2 Temporary placement.
Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use, or shall be placed on a site
for less than 180 consecutive days.
G601.3 Permanent placement.
Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more
than 180 consecutive days, shall meet the requirements of Section G501 for manufactured homes.
SECTION G701
TANKS
G701.1 Tanks.
Underground and above-ground tanks shall be designed, constructed, installed and anchored in accordance
with ASCE 24.
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SECTION G801
OTHER BUILDING WORK
G801.1 Garages and accessory structures.
Garages and accessory structures shall be designed and constructed in accordance with ASCE 24.
G801.2 Fences.
Fences in floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire
mesh fences, shall meet the requirement of Section G103.5.
G801.3 Oil derricks.
Oil derricks located in flood hazard areas shall be designed in conformance with the flood loads in Sections
1603.1.7 and 1612.
G801.4 Retaining walls, sidewalks and driveways.
Retaining walls, sidewalks and driveways shall meet the requirements of Section 1804.5.
G801.5 Swimming pools.
Swimming pools shall be designed and constructed in accordance with ASCE 24. Above-ground swimming pools,
on-ground swimming pools and in-ground swimming pools that involve placement of fill in floodways shall also meet
the requirements of Section G103.5.
G801.6 Decks, porches, and patios.
Decks, porches and patios shall be designed and constructed in accordance with ASCE 24.
G801.7 Nonstructural concrete slabs in coastal high-hazard areas and coastal A zones.
In coastal high-hazard areas and coastal A zones, nonstructural concrete slabs used as parking pads, enclosure
floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to
buildings and structures provided that the concrete slabs shall be constructed in accordance with ASCE 24.
G801.8 Roads and watercourse crossings in regulated floodways.
Roads and watercourse crossings that encroach into regulated floodways, including roads, bridges, culverts, low-water
crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other, shall
meet the requirement of Section G103.5.
SECTION G901
TEMPORARY STRUCTURES AND
TEMPORARY STORAGE
G901.1 Temporary structures.
Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy,
during conditions of the design flood. Fully enclosed temporary structures shall have flood openings that are in
accordance with ASCE 24 to allow for the automatic entry and exit of floodwaters.
G901.2 Temporary storage.
Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall
not include hazardous materials.
G901.3 Floodway encroachment.
Temporary structures and temporary storage in floodways shall meet the requirements of G103.5.
SECTION G1001
UTILITY AND MISCELLANEOUS GROUP U
G1001.1 Utility and miscellaneous Group U.
Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not
classified in any specific occupancy in this code, including, but not limited to, agricultural buildings, aircraft hangars
(accessory to a one- or two-family residence), barns, carports, fences more than 6 feet (1829 mm) high, grain silos
(accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables
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and towers.
G1001.2 Flood loads.
Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and
structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including
the effects of buoyancy, during conditions of the design flood.
G1001.3 Elevation.
Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings
and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the design
flood elevation in accordance with Section 1612 of this code.
G1001.4 Enclosures below design flood elevation.
Fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24.
G1001.5 Flood-damage-resistant materials.
Flood-damage-resistant materials shall be used below the design flood elevation.
G1001.6 Protection of mechanical, plumbing and electrical systems.
Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be elevated to or above the design
flood elevation.
Exception: Electrical systems, equipment and components; heating, ventilating, air conditioning and plumbing
appliances; plumbing fixtures, duct systems and other service equipment shall be permitted to be located below the
design flood elevation provided that they are designed and installed to prevent water from entering or accumulating
within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of
buoyancy, during the occurrence of flooding to the design flood elevation in compliance with the flood-resistant
construction requirements of this code. Electrical wiring systems shall be permitted to be located below the design
flood elevation provided that they conform to the provisions of NFPA 70.
SECTION G1101
REFERENCED STANDARDS
ASCE 24—13 Flood Resistant Design and Construction G103.1, G401.3, G401.4, G701.1, G801.1, G801.5, G801.6, G801.7, G901.1, G1001.4
HUD 24 CFR Part 3280 (2008)Manufactured Home Construction and Safety Standards G201
IBC—18 International Building Code G102.2, G1001.1, G1001.3
IRC—18 International Residential Code G501.2, G501.4, G501.5
NFPA 70—17 National Electrical Code G501.4, G1001.6
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9. NYS Residential Code 2020
a. Chapter 2 (Selected) Definitions
ACCESSORY STRUCTURE. A structure that is accessory to and incidental to that of the dwelling(s) and that is located on
the same lot.
ADDITION. An extension or increase in floor area, number of stories or height of a building or structure. For the definition
applicable in Chapter 11, see Section N1101.6.
ATTIC. The unfinished space between the ceiling assembly and the roof assembly.
HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls,
storage or utility spaces and similar areas are not considered habitable spaces.
BATHROOM GROUP. A group of fixtures, including or excluding a bidet, consisting of a water closet, lavatory, and
bathtub or shower. Such fixtures are located together on the same floor level.
BUILDING. Any one- or two-family dwelling or portion thereof, including townhouses, used or intended to be used for
human habitation, for living, sleeping, cooking or eating purposes, or any combination thereof, or any accessory structure. For the
definition applicable in Chapter 11, see Section N1101.6.
DWELLING. Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased,
let or hired out to be occupied, or that are occupied for living purposes.
DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling units include, but are not limited to,
one-family dwellings, each unit in a two-family dwelling, each unit in a multiple single-family dwelling (townhouse), bed and
breakfast dwellings, and lodging houses.
KITCHEN. Kitchen shall mean an area used, or designated to be used, for the preparation of food.
RESIDENTIAL BUILDING. For the definition applicable in Chapter 11, see Section N1101.6.
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For
SI: 1 inch = 25.4 mm.
FIGURE R307.1
MINIMUM FIXTURE CLEARANCES
2. NYS Residential Code 2020 on minimum room / dwelling unit size Section R202 Definitions [RB] ACCESSORY STRUCTURE. A structure that is accessory to and incidental to that of the dwelling(s) and that is located on the same lot. [RB] ADDITION. An extension or increase in floor area, number of stories or height of a building or structure. For the definition applicable in Chapter 11, see Section N1101.6. [RB] ATTIC. The unfinished space between the ceiling assembly and the roof assembly. [RB] HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. [MP] BATHROOM GROUP. A group of fixtures, including or excluding a bidet, consisting of a water closet, lavatory, and bathtub or shower. Such fixtures are located together on the same floor level. [RB] BUILDING. Any one- or two-family dwelling or portion thereof, including townhouses, used or intended to be used for human habitation, for living, sleeping, cooking or eating purposes, or any combination thereof, or any accessory structure. For the definition applicable in Chapter 11, see Section N1101.6. [RB] DWELLING. Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. [NY] DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling units include, but are not limited to, one-family dwellings, each unit in a two-family dwelling, each unit in a multiple single-family dwelling (townhouse), bed and breakfast dwellings, and lodging houses.
[RB] KITCHEN. Kitchen shall mean an area used, or designated to be used, for the preparation of food.
[RE] RESIDENTIAL BUILDING. For the definition applicable in Chapter 11, see Section N1101.6.
R307 Toilet, Bath, and Shower Spaces
R307.1 Space Required
Fixtures shall be spaced in accordance with Figure R307.1, and in accordance with the requirements
of Section P2705.1.
9. NYS Residential Code 2020
b. Chapter 3 Building Planning
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Upcode Diagram
R307.2 Bathtub and Shower Spaces
Bathtub and shower floors and walls above bathtubs with installed shower heads and in shower
compartments shall be finished with a nonabsorbent surface. Such wall surfaces shall extend to a height of
not less than 6 feet (1829 mm) above the floor.
R304.1 Minimum Area
Habitable rooms shall have a floor area of not less than 70 square feet (6.5 m2).
Exception: Kitchens.
R304.2 Minimum Dimensions
Habitable rooms shall be not less than 7 feet (2134 mm) in any horizontal dimension.
Exception: Kitchens.
R304.3 Height Affect on Room Area
Portions of a room with a sloping ceiling measuring less than 5 feet (1524 mm) or a furred ceiling measuring
less than 7 feet (2134 mm) from the finished floor to the finished ceiling shall not be considered as
contributing to the minimum required habitable area for that room.
Exceptions:
1. For rooms with sloped ceilings, the required floor area of the room shall have a ceiling height of not
less than 5 feet (1524 mm) and not less than 50 percent of the required floor area shall have a ceiling
height of not less than 7 feet (2134 mm).
2. The ceiling height above bathroom and toilet room fixtures shall be such that the fixture is capable
of being used for its intended purpose. A shower or tub equipped with a showerhead shall have a ceiling height of not less than 6 feet 8 inches (2032 mm) above an area of not less than 30 inches
(762 mm) by 30 inches (762 mm) at the showerhead.
3. Beams, girders, ducts or other obstructions in basements containing habitable space shall be permitted to
project to within 6 feet 4 inches (1931 mm) of the finished floor.
Section AQ102.1 General ('20)
TINY HOUSE. A dwelling that is 400 square feet (37 m2) or less in floor area excluding lofts.
LOFT. A floor level located more than 30 inches (762 mm) above the main floor, open to the main floor on
one or more sides with a ceiling height of less than 6 feet 8 inches (2032 mm) and used as a living or sleeping
space.
Section AQ103.1 Minimum Ceiling Height
Habitable space and hallways in tiny houses shall have a ceiling height of not less than 6 feet 8 inches (2032 mm).
Bathrooms, toilet rooms and kitchens shall have a ceiling height of not less than 6 feet 4 inches (1930 mm).
Obstructions including, but not limited to, beams, girders, ducts and lighting, shall not extend below these
minimum ceiling heights.
Exception: Ceiling heights in lofts are permitted to be less than 6 feet 8 inches (2032 mm).
Section AQ04 Lofts
AQ104.1 Minimum Loft Area and Dimensions
Lofts used as a sleeping or living space shall meet the minimum area and dimension requirements of Sections
AQ104.1.1 through AQ104.1.3.
AQ104.1.1 Minimum Area
Lofts shall have a floor area of not less than 35 square feet (3.25 m2).
AQ104.1.2 Minimum Dimensions
Lofts shall be not less than 5 feet (1524 mm) in any horizontal dimension.
AQ104.1.3 Height Effect on Loft Area
Portions of a loft with a sloped ceiling measuring less than 3 feet (914 mm) from the finished floor to the
finished ceiling shall not be considered as contributing to the minimum required area for the loft.
Exception: Under gable roofs with a minimum slope of 6 units vertical in 12 units horizontal (50-
percent slope), portions of a loft with a sloped ceiling measuring less than 16 inches (406 mm) from the
finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for
the loft.
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SECTION R322
FLOOD-RESISTANT CONSTRUCTION
R322.1 General.
Buildings and structures constructed in whole or in part in flood hazard areas, including A or V Zones and Coastal
A Zones, as established in Table R301.2(1), and substantial improvement and repair of substantial damage of
buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the provisions
contained in this section. Buildings and structures that are located in more than one flood hazard area shall comply
with the provisions associated with the most restrictive flood hazard area. Buildings and structures located in whole
or in part in identified floodways shall be designed and constructed in accordance with ASCE 24.
[NY] R322.1.1 Alternative provisions.
As an alternative to the requirements in Section R322, ASCE 24 is permitted subject to the limitations of this
code and the limitations therein. When ASCE 24 is used as an alternative to the requirements of Section R322, all
construction requirements and building elevation requirements based on the Design Flood Elevation (DFE) shall be
interpreted to mean the DFE plus a freeboard of 2 feet (610 mm).
[NY] R322.1.1.1 Application of the design flood elevation.
The design flood elevation (DFE) determined in accordance with Sections R322.1.4 and R322.1.4.1 shall be used
when applying ASCE 24 and when determining the building design and construction requirements of this code.
R322.1.2 Structural systems.
Structural systems of buildings and structures shall be designed, connected and anchored to resist flotation, collapse
or permanent lateral movement due to structural loads and stresses from flooding equal to the design flood elevation.
R322.1.3 Flood-resistant construction.
Buildings and structures erected in areas prone to flooding shall be constructed by methods and practices that minimize
flood damage.
[NY] R322.1.4 Establishing the design flood elevation.
At a minimum, the design flood elevation shall be the higher of the following:
1. The base flood elevation at the depth of peak elevation of flooding, including wave height, that has a
1-percent (100-year flood) or greater chance of being equaled or exceeded in any given year plus 2 feet (610
mm) of freeboard.
2. The elevation of the design flood associated with the area designated on a flood hazard map adopted by the
community, or otherwise legally designated, plus 2 feet (610 mm) of freeboard.
[NY] R322.1.4.1 Determination of design flood elevations.
If design flood elevations are not specified, the building official is authorized to require the applicant to comply with
either of the following:
1. Obtain and reasonably use data available from a federal, state or other source and add 2 feet (610 mm) of
freeboard.
2. Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering
practices used to define special flood hazard areas and add 2 feet (610 mm) of freeboard. Determinations
shall be undertaken by a registered design professional who shall document that the technical methods used
reflect currently accepted engineering practice. Studies, analyses and computations shall be submitted in
sufficient detail to allow thorough review and approval.
[NY] R322.1.4.2 Determination of impacts.
In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated,
the applicant shall demonstrate that the effect of the proposed buildings and structures on design flood elevations,
including fill, when combined with other existing and anticipated flood hazard area encroachments, will not
increase the design flood elevation more than 1 foot (305 mm) at any point within the jurisdiction. For the purpose
of applying this section, the design flood elevation shall be the elevation established in accordance with Sections
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R322.1.4 and R322.1.4.1 but shall not include the application of freeboard.
R322.1.5 Lowest floor.
The lowest floor shall be the lowest floor of the lowest enclosed area, including basement, and excluding any unfinished
flood-resistant enclosure that is useable solely for vehicle parking, building access or limited storage provided that
such enclosure is not built so as to render the building or structure in violation of this section.
R322.1.6 Protection of mechanical, plumbing and electrical systems.
Electrical systems, equipment and components; heating, ventilating, air-conditioning; plumbing appliances and
plumbing fixtures; duct systems; and other service equipment shall be located at or above the elevation required
in Section R322.2 or R322.3. If replaced as part of a substantial improvement, electrical systems, equipment and
components; heating, ventilating, air-conditioning and plumbing appliances and plumbing fixtures; duct systems; and
other service equipment shall meet the requirements of this section. Systems, fixtures, and equipment and components
shall not be mounted on or penetrate through walls intended to break away under flood loads.
Exception: Locating electrical systems, equipment and components; heating, ventilating, air-conditioning;
plumbing appliances and plumbing fixtures; duct systems; and other service equipment is permitted below the elevation
required in Section R322.2 or R322.3 provided that they are designed and installed to prevent water from entering
or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the
effects of buoyancy, during the occurrence of flooding to the design flood elevation in accordance with ASCE 24.
Electrical wiring systems are permitted to be located below the required elevation provided that they conform to the
provisions of the electrical part of this code for wet locations.
[NY] R322.1.7 Protection of water supply and sanitary sewage systems.
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into
the systems in accordance with the plumbing provisions of this code. New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from systems into
floodwaters in accordance with the plumbing provisions of this code.
R322.1.8 Flood-resistant materials.
Building materials and installation methods used for flooring and interior and exterior walls and wall coverings
below the elevation required in Section R322.2 or R322.3 shall be flood damage-resistant materials that conform to
the provisions of FEMA TB-2.
R322.1.9 Manufactured homes.
The bottom of the frame of new and replacement manufactured homes on foundations that conform to the
requirements of Section R322.2 or R322.3, as applicable, shall be elevated to or above the elevations specified
in Section R322.2 (flood hazard areas including A Zones) or R322.3 in coastal high-hazard areas (V Zones and
Coastal A Zones). The anchor and tie-down requirements of the applicable state or federal requirements shall apply.
The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and
constructed in accordance with ASCE 24.
R322.1.10 As-built elevation documentation.
A registered design professional shall prepare and seal documentation of the elevations specified in Section
R322.2 or R322.3.
[NY] R322.2 Flood hazard areas (including A Zones).
Areas that have been determined to be prone to flooding and that are not subject to high-velocity wave action
shall be designated as flood hazard areas. Flood hazard areas that have been delineated as subject to wave heights
between 11/2 feet (457 mm) and 3 feet (914 mm) or otherwise designated by the jurisdiction shall be designated
as Coastal A Zones and are subject to the requirements of Section R322.3. Buildings and structures constructed
in whole or in part in flood hazard areas shall be designed and constructed in accordance with Sections
R322.2.1 through R322.2.3.
[NY] R322.2.1 Elevation requirements.
Buildings and structures in flood hazard areas, including flood hazard areas designated as Coastal A Zones, shall
have the lowest floors elevated to or above the base flood elevation plus 2 feet (610 mm), or the design flood
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elevation determined in accordance with Sections R322.1.4 through R322.1.4.1 whichever is higher.
In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement)
elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the
FIRM plus 1 foot (305 mm), or not less than 3 feet (915 mm) if a depth number is not specified.
Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 2 feet (610
mm), or the design flood elevation determined in accordance with Sections R322.1.4 through R322.1.4.1, whichever
is higher.
Exception: Enclosed areas below the design flood elevation, including basements with floors that are not
below grade on all sides, shall meet the requirements of Section R322.2.2.
R322.2.2 Enclosed area below design flood elevation.
Enclosed areas, including crawl spaces, that are below the design flood elevation shall:
1. Be used solely for parking of vehicles, building access or storage.
Be provided with flood openings that meet the following criteria and are installed in accordance with Section
R322.2.2.1:
2.1.The total net area of nonengineered openings shall be not less than 1 square inch (645 mm2) for each square
foot (0.093 m2) of enclosed area where the enclosed area is measured on the exterior of the enclosure walls, or
the openings shall be designed as engineered openings and the construction documents shall include a statement by
a registered design professional that the design of the openings will provide for equalization of hydrostatic flood
forces on exterior walls by allowing for the automatic entry and exit of floodwaters as specified in Section 2.7.2.2
of ASCE 24.
2.2.Openings shall be not less than 3 inches (76 mm) in any direction in the plane of the wall.
2.3.The presence of louvers, blades, screens and faceplates or other covers and devices shall allow
the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in
the determination of the net open area.
R322.2.2.1 Installation of openings.
The walls of enclosed areas shall have openings installed such that:
1. There shall be not less than two openings on different sides of each enclosed area; if a building has more than
one enclosed area below the design flood elevation, each area shall have openings.
2. The bottom of each opening shall be not more than 1 foot (305 mm) above the higher of the final interior
grade or floor and the finished exterior grade immediately under each opening.
3. Openings shall be permitted to be installed in doors and windows; doors and windows without installed
openings do not meet the requirements of this section.
R322.2.3 Foundation design and construction.
Foundation walls for buildings and structures erected in flood hazard areas shall meet the requirements of Chapter
4.
Exception: Unless designed in accordance with Section R404:
1. The unsupported height of 6-inch (152 mm) plain masonry walls shall be not more than 3 feet (914
mm).
2. The unsupported height of 8-inch (203 mm) plain masonry walls shall be not more than 4 feet (1219
mm).
3. The unsupported height of 8-inch (203 mm) reinforced masonry walls shall be not more than 8 feet
(2438 mm).
For the purpose of this exception, unsupported height is the distance from the finished grade of the under-floor
space to the top of the wall.
R322.2.4 Tanks.
Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the
base flood. Above-ground tanks shall be installed at or above the elevation required in Section R322.2.1 or shall be
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anchored to prevent flotation, collapse and lateral movement under conditions of the base flood.
R322.3 Coastal high-hazard areas (including V Zones and Coastal A Zones, where
designated).
Areas that have been determined to be subject to wave heights in excess of 3 feet (914 mm) or subject to high-
velocity wave action or wave-induced erosion shall be designated as coastal high-hazard areas. Flood hazard areas
that have been designated as subject to wave heights between 11/2 feet (457 mm) and 3 feet (914 mm) or otherwise
designated by the jurisdiction shall be designated as Coastal A Zones. Buildings and structures constructed in whole
or in part in coastal high-hazard areas and Coastal A Zones, where designated, shall be designed and constructed in
accordance with Sections R322.3.1 through R322.3.10.
R322.3.1 Location and site preparation.
New buildings and buildings that are determined to be substantially improved pursuant to Section R105.2.2.1 shall
be located landward of the reach of mean high tide.
1. For any alteration of sand dunes and mangrove stands, the building official shall require submission of an
engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood
damage.
[NY] R322.3.2 Elevation requirements.
Buildings and structures erected within coastal high-hazard areas and Coastal A Zones, shall be elevated so that the
bottom of the lowest horizontal structural members supporting the lowest floor, with the exception of piling, pile
caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus 2 feet (610 mm) or the
design flood elevation, as determined in accordance with Section R322.1.4 through R322.1.4.1, whichever is higher.
Basement floors that are below grade on all sides are prohibited.
The use of fill for structural support is prohibited.
Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage
purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways.
Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections
R322.3.5 and R322.3.6.
R322.3.3 Foundations.
Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be supported on pilings or
columns and shall be adequately anchored to such pilings or columns. The space below the elevated building shall
be either free of obstruction or, if enclosed with walls, the walls shall meet the requirements of Section R322.3.5.
Pilings shall have adequate soil penetrations to resist the combined wave and wind loads (lateral and uplift). Water-
loading values used shall be those associated with the design flood. Wind-loading values shall be those required by
this code. Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil strata
surrounding the piling. Pile systems design and installation shall be certified in accordance with Section R322.3.9.
Spread footing, mat, raft or other foundations that support columns shall not be permitted where soil investigations
that are required in accordance with Section R401.4 indicate that soil material under the spread footing, mat, raft or
other foundation is subject to scour or erosion from wave-velocity flow conditions. If permitted, spread footing,
mat, raft or other foundations that support columns shall be designed in accordance with ASCE 24.
Exception: In Coastal A Zones, stem wall foundations supporting a floor system above and backfilled with soil or
gravel to the underside of the floor system shall be permitted provided that the foundations are designed to account
for wave action, debris impact, erosion and local scour. Where soils are susceptible to erosion and local scour, stem
wall foundations shall have deep footings to account for the loss of soil.
R322.3.4 Concrete slabs.
Concrete slabs used for parking, floors of enclosures, landings, decks, walkways, patios and similar uses that are
located beneath structures, or slabs that are located such that if undermined or displaced during base flood conditions
could cause structural damage to the building foundation, shall be designed and constructed in accordance with one
of the following:
1. To be structurally independent of the foundation system of the structure, to not transfer flood loads to the
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main structure, and to be frangible and break away under flood conditions prior to base flood conditions.
Slabs shall be a maximum of 4 inches (102 mm) thick, shall not have turned-down edges, shall not contain
reinforcing, shall have isolation joints at pilings and columns, and shall have control or construction joints in
both directions spaced not more than 4 feet (1219 mm) apart.
2. To be self-supporting, structural slabs capable of remaining intact and functional under base flood conditions,
including erosion and local scour, and the main structure shall be capable of resisting any added flood loads
and effects of local scour caused by the presence of the slabs.
R322.3.5 Walls below design flood elevation.
Walls and partitions are permitted below the elevated floor, provided that such walls and partitions are not part of the
structural support of the building or structure and:
1. Electrical, mechanical and plumbing system components are not to be mounted on or penetrate through walls
that are designed to break away under flood loads; and
2. Are constructed with insect screening or open lattice; or
3. Are designed to break away or collapse without causing collapse, displacement or other structural damage to
the elevated portion of the building or supporting foundation system. Such walls, framing and connections
shall have a resistance of not less than 10 (479 Pa) and not more than 20 pounds per square foot (958 Pa) as
determined using allowable stress design; or
4. Where wind loading values of this code exceed 20 pounds per square foot (958 Pa), as determined using
allowable stress design, the construction documents shall include documentation prepared and sealed by a
registered design professional that:
4.1.The walls and partitions below the design flood elevation have been designed to collapse from
a water load less than that which would occur during the base flood.
4.2.The elevated portion of the building and supporting foundation system have been designed to
withstand the effects of wind and flood loads acting simultaneously on structural and nonstructural
building components. Water-loading values used shall be those associated with the design flood.
Wind-loading values shall be those required by this code.
5.Walls intended to break away under flood loads as specified in Item 3 or 4 have flood openings that meet the
criteria in Section R322.2.2, Item 2.
R322.3.6 Enclosed areas below design flood elevation.
Enclosed areas below the design flood elevation shall be used solely for parking of vehicles, building access or storage.
R322.3.6.1 Protection of building envelope.
An exterior door that meets the requirements of Section R609 shall be installed at the top of stairs that provide
access to the building and that are enclosed with walls designed to break away in accordance with Section R322.3.5.
R322.3.7 Stairways and ramps.
Stairways and ramps that are located below the lowest floor elevations specified in Section R322.3.2 shall comply
with one or more of the following:
1.Be designed and constructed with open or partially open risers and guards.
2. Stairways and ramps not part of the required means of egress shall be designed and constructed to break away
during design flood conditions without causing damage to the building or structure, including foundation.
3. Be retractable, or able to be raised to or above the lowest floor elevation, provided that the ability to be retracted
or raised prior to the onset of flooding is not contrary to the means of egress requirements of the code.
4. Be designed and constructed to resist flood loads and minimize transfer of flood loads to the building or
structure, including foundation.
Areas below stairways and ramps shall not be enclosed with walls below the design flood elevation unless such walls
are constructed in accordance with Section R322.3.5.
R322.3.8 Decks and porches.
Attached decks and porches shall meet the elevation requirements of Section R322.3.2 and shall either meet the
foundation requirements of this section or shall be cantilevered from or knee braced to the building or structure.
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Self-supporting decks and porches that are below the elevation required in Section R322.3.2 shall not be enclosed
by solid, rigid walls, including walls designed to break away. Self-supporting decks and porches shall be designed and
constructed to remain in place during base flood conditions or shall be frangible and break away under base flood
conditions.
R322.3.9 Construction documents.
The construction documents shall include documentation that is prepared and sealed by a registered design professional that
the design and methods of construction to be used meet the applicable criteria of this section.
R322.3.10 Tanks.
Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the
base flood. Above-ground tanks shall be installed at or above the elevation required in Section R322.3.2. Where
elevated on platforms, the platforms shall be cantilevered from or knee braced to the building or shall be supported
on foundations that conform to the requirements of Section R322.3.
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P2705 Installation
The installation of fixtures shall conform to the following:
1. Floor-outlet or floor-mounted fixtures shall be secured to the drainage connection and to the floor,
where so designed, by screws, bolts, washers, nuts and similar fasteners of copper, copper alloy or
other corrosion-resistant material.
2. Wall-hung fixtures shall be rigidly supported so that strain is not transmitted to the plumbing system.
3. Where fixtures come in contact with walls and floors, the contact area shall be watertight.
4. Plumbing fixtures shall be usable.
5. Water closets, lavatories and bidets. A water closet, lavatory or bidet shall not be set closer than 15
inches (381 mm) from its center to any side wall, partition or vanity or closer than 30 inches (762
mm) center-to-center between adjacent fixtures. There shall be a clearance of not less than 21 inches
(533 mm) in front of a water closet, lavatory or bidet to any wall, fixture or door.
6. The location of piping, fixtures or equipment shall not interfere with the operation of windows or
doors.
7. In flood hazard areas as established by Table R301.2(1), plumbing fixtures shall be located or
installed in accordance with Section R322.1.6.
8. Integral fixture-fitting mounting surfaces on manufactured plumbing fixtures or plumbing fixtures
constructed on site, shall meet the design requirements of ASME A112.19.2/CSA B45.1 or ASME
A112.19.3/CSA B45.4.
P2708 Showers
P2708.1 General
Shower compartments shall have not less than 900 square inches (0.6 m2) of interior cross-sectional area.
Shower compartments shall be not less than 30 inches (762 mm) in minimum dimension measured from the
finished interior dimension of the shower compartment, exclusive of fixture valves, shower heads, soap
dishes, and safety grab bars or rails. The minimum required area and dimension shall be measured from the
finished interior dimension at a height equal to the top of the threshold and at a point tangent to its centerline
and shall be continued to a height of not less than 70 inches (1778 mm) above the shower drain outlet.
Hinged shower doors shall open outward. The wall area above built-in tubs having installed shower heads
and in shower compartments shall be constructed in accordance with Section R702.4. Such walls shall form a
water-tight joint with each other and with either the tub, receptor or shower floor.
Exceptions:
1. Fold-down seats shall be permitted in the shower, provided that the required 900-square-inch (0.6
m2) dimension is maintained when the seat is in the folded-up position.
9. NYS Residential Code 2020
c. Chapter 27 Plumbing Fixtures
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2. Shower compartments having not less than 25 inches (635 mm) in minimum dimension measured
from the finished interior dimension of the compartment provided that the shower compartment has
a cross-sectional area of not less than 1,300 square inches (0.838 m2).
P2714 Sinks
P2714 Sink Waste Outlets
Sinks shall be provided with waste outlets not less than 11/2 inches (38 mm) in diameter. A strainer,
crossbar or other device shall be provided to restrict the clear opening of the waste outlet.
P2723 Macerating Toilet Systems
P2723.2 Drain
The size of the drain from the macerating toilet system shall be not less than 3/4 inch (19 mm)
in diameter.
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a ceiling height of not less than 6 feet 8 inches (2032 mm) above an area of not less than 30 inches
(762 mm) by 30 inches (762 mm) at the showerhead.
3. Beams, girders, ducts or other obstructions in basements containing habitable space shall be permitted to
project to within 6 feet 4 inches (1931 mm) of the finished floor.
Section AQ102.1 General ('20)
TINY HOUSE. A dwelling that is 400 square feet (37 m2) or less in floor area excluding lofts.
LOFT. A floor level located more than 30 inches (762 mm) above the main floor, open to the main floor on
one or more sides with a ceiling height of less than 6 feet 8 inches (2032 mm) and used as a living or sleeping
space.
Section AQ103.1 Minimum Ceiling Height
Habitable space and hallways in tiny houses shall have a ceiling height of not less than 6 feet 8 inches (2032 mm).
Bathrooms, toilet rooms and kitchens shall have a ceiling height of not less than 6 feet 4 inches (1930 mm).
Obstructions including, but not limited to, beams, girders, ducts and lighting, shall not extend below these
minimum ceiling heights.
Exception: Ceiling heights in lofts are permitted to be less than 6 feet 8 inches (2032 mm).
Section AQ04 Lofts
AQ104.1 Minimum Loft Area and Dimensions
Lofts used as a sleeping or living space shall meet the minimum area and dimension requirements of Sections
AQ104.1.1 through AQ104.1.3.
AQ104.1.1 Minimum Area
Lofts shall have a floor area of not less than 35 square feet (3.25 m2).
AQ104.1.2 Minimum Dimensions
Lofts shall be not less than 5 feet (1524 mm) in any horizontal dimension.
AQ104.1.3 Height Effect on Loft Area
Portions of a loft with a sloped ceiling measuring less than 3 feet (914 mm) from the finished floor to the
finished ceiling shall not be considered as contributing to the minimum required area for the loft.
Exception: Under gable roofs with a minimum slope of 6 units vertical in 12 units horizontal (50-
percent slope), portions of a loft with a sloped ceiling measuring less than 16 inches (406 mm) from the
finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for
the loft.
9. NYS Residential Code 2020
d. Appendix Q Tiny Houses
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10. NYS Existing Building Code 2020: Chapter 2 (Selected) Definitions
SECTION 202
GENERAL DEFINITIONS
[BS] SUBSTANTIAL DAMAGE. For the purpose of determining compliance with the flood provisions of this
code, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged
condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
[BS] SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions
of this code, any repair, alteration, addition, or improvement of a building or structure, the cost of which equals or
exceeds 50 percent of the market value of the structure, before the improvement or repair is started. If the structure
has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work
performed. The term does not, however, include either of the following:
1. Any project for improvement of a building required to correct existing health, sanitary, or safety code
violations identified by the building official and that is the minimum necessary to ensure safe living conditions.
2. Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued
designation as a historic structure.
[BS] SUBSTANTIAL STRUCTURAL ALTERATION. An alteration in which the gravity load-carrying structural
elements altered within a 5-year period support more than 30 percent of the total floor and roof area of the building
or structure. The areas to be counted toward the 30 percent shall include mezzanines, penthouses, and in-filled courts
and shafts tributary to the altered structural elements.
[BS] SUBSTANTIAL STRUCTURAL DAMAGE. A condition where any of the following apply:
1. The vertical elements of the lateral force-resisting system have suffered damage such that the lateral load-carrying
capacity of any story in any horizontal direction has been reduced by more than 33 percent from its predamage
condition.
2.The capacity of any vertical component carrying gravity load, or any group of such components, that has a
tributary area more than 30 percent of the total area of the structure’s floor(s) and roof(s) has been reduced more
than 20 percent from its predamage condition, and the remaining capacity of such affected elements, with respect
to all dead and live loads, is less than 75 percent of that required by the Building Code of New York State for new
buildings of similar structure, purpose and location.
3.The capacity of any structural component carrying snow load, or any group of such components, that supports
more than 30 percent of the roof area of similar construction has been reduced more than 20 percent from its
predamage condition, and the remaining capacity with respect to dead, live and snow loads is less than 75 percent of
that required by the Building Code of New York State for new buildings of similar structure, purpose and location.
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3. NYS Multiple Dwelling law on minimum room / dwelling unit size
§4. Definitions.
7. A "multiple dwelling" is a dwelling which is either rented, leased, let or hired out, to be occupied, or is
occupied as the residence or home of three or more families living independently of each other. On and after
July first, nineteen hundred fifty-five, a "multiple dwelling" shall also include residential quarters for members
or personnel of any hospital staff which are not located in any building used primarily for hospital use
provided, however, that any building which was erected, altered or converted prior to July first, nineteen
hundred fifty-five, to be occupied by such members or personnel or is so occupied on such date shall not be
subject to the requirements of this chapter only so long as it continues to be so occupied provided there are
local laws applicable to such building and such building is in compliance with such local laws. A "multiple
dwelling" shall not be deemed to include a hospital, convent, monastery, asylum or public institution, or a
fireproof building used wholly for commercial purposes except for not more than one janitor's apartment and
not more than one penthouse occupied by not more than two families. For the purposes of this chapter
"multiple dwellings" are divided into two classes: "class A" and "class B."
8. a. A "class A" multiple dwelling is a multiple dwelling that is occupied for permanent residence purposes.
This class shall include tenements, flat houses, maisonette apartments, apartment houses, apartment hotels,
bachelor apartments, studio apartments, duplex apartments, kitchenette apartments, garden-type maisonette
dwelling projects, and all other multiple dwellings except class B multiple dwellings. A class A multiple
dwelling shall only be used for permanent residence purposes. For the purposes of this definition,
"permanent residence purposes" shall consist of occupancy of a dwelling unit by the same natural person or
family for thirty consecutive days or more and a person or family so occupying a dwelling unit shall be
referred to herein as the permanent occupants of such dwelling unit. The following uses of a dwelling unit by
the permanent occupants thereof shall not be deemed to be inconsistent with the occupancy of such dwelling
unit for permanent residence purposes:
(1)
(A) occupancy of such dwelling unit for fewer than thirty consecutive days by other natural persons
living within the household of the permanent occupant such as house guests or lawful boarders,
roomers or lodgers; or
(B) incidental and occasional occupancy of such dwelling unit for fewer than thirty consecutive days
by other natural persons when the permanent occupants are temporarily absent for personal reasons
such as vacation or medical treatment, provided that there is no monetary compensation paid to the
permanent occupants for such occupancy.
(2) In a class A multiple dwelling owned by an accredited not-for-profit college or university or leased by such
a college or university under a net lease for a term of forty-nine years or more, the use of designated dwelling
units for occupancy for fewer than thirty consecutive days shall not be inconsistent with the occupancy of
such multiple dwelling for permanent residence purposes if:
(A) No more than five percent of the dwelling units in such multiple dwelling but not less than one
dwelling unit, are designated for such use and the designation of a unit once made may not be
changed to another unit;
11. NYS Multiple Dwelling Law Selections
* This chapter applies to all cities with a population of 325,000 or more. Any city, town, or village can choose to
adopt the rules in this chapter
113 | PageSouthold Zoning Update Advisory Committee Report
(B) A list of the designated dwelling units certified by an authorized representative of the college or
university is kept on the premises by the owner or net lessee and made available upon request for
inspection by the department or the fire department of such city;
(C) Only designated dwelling units on the certified list are used for occupancy for fewer than thirty
consecutive days and only by
(i) natural persons, other than persons whose only relationship with the college or university is as a
student, for whom the college or university has undertaken to provide housing accommodations
such as visiting professors and academics, graduate students with research or teaching fellowships,
researchers and persons presenting academic papers, interviewing for positions of employment or
having other similar business with the college or university, or
(ii) natural persons for whom a hospital affiliated with such college or university has undertaken to
provide housing accommodations such as patients, patients' families and/or accompanying escorts,
medical professionals and healthcare consultants or persons having other similar business with such
hospital. A log shall be maintained on the premises of the names and addresses of such persons and
the duration and reason for their stay. Such log shall be accessible upon request for inspection by the
department and the fire department of such municipality;
(D) No rent or other payment is collected for such occupancy; and
(E) The fire department of such city shall require the filing of a fire safety plan or other appropriate
fire safety procedure.
§31. Size of rooms
1. The provisions of this section, except subdivision six, shall apply only to multiple dwellings erected after
April eighteenth, nineteen hundred twenty-nine, and shall apply to all such dwellings unless otherwise
expressly limited.
2. Except as in this section and in section thirty-three otherwise expressly provided, rooms, except kitchens,
water-closet compartments and bathrooms, shall meet the following minimum requirements as to size:
a. In each apartment in a class A multiple dwelling there shall be at least one living room containing at least
one hundred thirty-two square feet of floor area.
b. Every living room, except as provided in paragraph e, shall contain at least eighty square feet of floor
space.
c. Every room shall be at least eight feet high, the measurements to be taken from the finished floor to the
finished underside of the ceiling beams except that as many as four beams crossing the ceiling of any
basement room may be disregarded if none of them exceeds twelve inches in width or extends below the
ceiling more than six inches.
d. Every living room shall be at least eight feet in its least horizontal dimension, except as provided in
paragraph e and except that any number of bedrooms up to one-half of the total number in any apartment
containing three or more bedrooms may have a least horizontal dimension of seven feet or more.
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e. A one-room apartment in a class B multiple dwelling may be as small as sixty square feet in its floor area
and six feet in its least dimension.
3. The requirements of this section with respect to the least horizontal dimension and the minimum area of
rooms shall not be applicable to any room in a fireproof class B multiple dwelling occupied as a lodging
house in which every apartment, other than one apartment occupied exclusively by a person or persons
engaged in the maintenance or supervision of such multiple dwelling, consists of one room and in which
every such room opens directly upon a public hall.
4. Dining bays with a floor area of fifty-five square feet or less shall not be considered as rooms or alcoves
and shall not be required to comply with the provisions of section thirty-two. Every such dining bay shall be
equipped with such appropriate permanent fittings as may be required by the department and shall be
provided with at least one window opening directly upon a street or upon a lawful yard, court or space above
a setback. Such window shall have an area of at least one-eighth of the floor area of such dining bay.
5. A portion of any apartment used as an entrance hall to such apartment may be designated as a foyer. Such
a foyer shall not be considered a room if the department shall so permit and if either
a. Its floor area does not exceed ten per centum of the total floor area of such apartment, or
b. Every room in such apartment exceeds in area the minimum required area of such room by more than
twenty per centum and the floor area of such foyer does not exceed twenty per centum of the floor area of
such apartment.
6. a. Except in class B dwellings and dormitories, no room shall be occupied for sleeping purposes by more
than two adults, considering children of twelve years of age or more as adults and two children between the
ages of two and eleven years inclusive as the equivalent of one adult. Children under two years of age need
not be considered as occupants. No room shall have sleeping accommodations for more persons than can be
accommodated in conformity with the provisions of this subdivision.
b. Every room in every dwelling, whenever erected, shall have at least four hundred cubic feet of air for each
adult, and two hundred cubic feet of air for each child occupying such room. Except in class B dwellings,
dormitories and except as otherwise provided in subdivision two of section thirty-one or in section thirty-four
for dwellings erected after April eighteenth, nineteen hundred twenty-nine, and in sections one hundred
seventy-four, two hundred fourteen and two hundred sixteen, every living room shall
(1) contain sixty square feet or more of floor space,
(2) be at least six feet wide at its narrowest part,
(3) if a sleeping room, contain seventy-five square feet or more of floor space and
(4) if less than seventy-five square feet in floor area, shall not be occupied by more than
one adult.
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§33. Cooking Spaces
1. Every space which is intended, arranged or designed for cooking or warming of food shall be either a
kitchen or kitchenette. The term "kitchen" shall mean such a space eighty square feet or more in floor area.
The term "kitchenette" shall mean such a space which is less than eighty square feet in floor area.
2. Every cooking space shall be deemed to be in compliance with this section if such space was accepted or
approved by the department on or before June thirtieth, nineteen hundred ninety-five, and is maintained in
accordance with such acceptance or approval.
3. Except as provided in sections sixty-one and sixty-seven and subdivision two of this section, a kitchen or
kitchenette shall be unlawful unless it is constructed, arranged and maintained in compliance with the
following applicable provisions:
a. The ceiling and walls, exclusive of doors, of all kitchenettes shall be fire-retarded or in lieu thereof such
space shall be equipped with one or more sprinkler heads to fuse at a temperature not higher than two
hundred twelve degrees Fahrenheit. Such heads shall be connected to the water supply through a pipe of at
least one-half inch inside diameter.
b. In every kitchen and kitchenette, all combustible material immediately underneath or within one foot of
any apparatus used for cooking or warming of food shall be fire-retardedor covered with asbestos at least
three-sixteenths of an inch in thickness and twenty-six gauge metal or with fire-resistive material of equivalent
rating, except where such apparatus is installed in accordance with requirements established by the
department in conformity with generally accepted safety standards for such apparatus. There shall always be
at least two feet of clear space above any exposed cooking surface of such apparatus.
c. Every kitchenette constructed after July first, nineteen hundred forty-nine, shall be provided with a window
opening upon a street or upon a yard, court, shaft, or upon any space above a setback. Such window shall be
at least one foot wide, have a total area of at least three square feet and be at least ten per centum of the
superficial floor area of such kitchenette. In lieu of such window, such kitchenette may be provided with
mechanical ventilation to provide at least six changes per hour of the air volume of such kitchenette or, when
such kitchenette is on the top story, may have a skylight at least one foot wide with a total area of at least four
square feet or one-eighth of the area of the kitchenette, whichever is greater, and shall have ventilating
openings of at least one-half of the area of the skylight.
d. Every kitchenette constructed after July first, nineteen hundred forty-nine, may be equipped with a door or
doors, provided the lower portion of each such door has a metal grille containing at least forty-eight square
inches of clear openings or, in lieu of such a grille, there are two clear open spaces, each of at least twenty-
four square inches, one between the bottom of the door and the floor, and the other between the top of each
such door and the head jamb.
e. Every kitchen and kitchenette shall be provided with gas or electricity or both, and shall be equipped for
artificial lighting.
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VIII) REFERENCES
1. Town of Southold Comprehensive Plan
This Plan is an official public document to be used to guide the development of our community. It provides the basis for the zoning and
other land use regulations found in the Town Code and is designed to help shape the future Town policy decisions.
2. NYS DOT’s Scenic Byways Corridor Management Plan
The New York State Scenic Byways program was created in 1992 by the State Legislature. The program encourages both economic
development and resource conservation, recognizing that each of these aspects of a byway must be fostered to ensure the success of
the other. Suffolk County’s North Fork Trail carries visitors from Southold to Orient Point, through a series of charming hamlets, past
reknowned wineries, expansive farms and wild wetlands. This all mingles with intermittent glimpses of the ocean, beaches and maritime
life, finishing with an uninterrupted view of the Atlantic Ocean stretching into the horizon.
3. NYS Worksheet for SI/SD calculations
New York State provides a worksheet at the following web address to allow property owners and regulatory bodies to accurately calculate
substantial improvements / substantial damages to determine regulatory obligations.
4. RPA Plan for Affordable Housing Guide for Connecticut
The Regional Plan Association (RPA) has created a Plan for Affordable Housing Guide for Connecticut that may be a useful tool for
Southold Town.
5. Averting Crisis - Zoning to Create Resilient Homes for All
The RPA has also recently released this additional report that identifies anticipated loss of housing due to flood hazards and identifies
existing “zoning deficits” where existing zoning does not take into account anticipated loss of housing units due to flood hazards and
dilapidation, and anticipated demand.
6. National Zoning Atlas
This is a non-profit online zoning analytical tool report was produced in partnership with the National Zoning Atlas.
7. Adopt Real Property Tax Law Section 421-p
Tax law section 421-p provides an exemption of increased real estate taxes due to the construction of an ADU. It is effective only if
adopted by the town & applies to newly constructed or converted buildings of at least 10 units that are at least 25% income restricted.
8. NYS Building Code 2020
The Building Code of New York State is a code that provides minimum requirements to safeguard the public health, safety and general
welfare of the occupants of new and existing buildings and structures.
9. NYS Residential Code 2020
The Residential Code of New York State is a comprehensive code regulating the construction of single-family houses, two-family houses
(duplexes) and buildings consisting of three or more townhouse units.
10. NYS Existing Building Code 2020
The Existing Building Code of New York State establishes minimum requirements for existing buildings using prescriptive and
performance-related provisions. It aims to encourage the use and reuse of existing buildings while requiring reasonable upgrades and
improvements.
11. NYS tax real estate tax exemption statute
NYS tax real estate tax exemption statute called 421-pp applies to newly constructed or converted buildings of at least ten units that are
100% income restricted.
12. NYS Multiple Dwelling Law
Establishes minimum standards for health, safety, fire protection, light, air, occupancy, egress (exits), and building maintenance in multiple
dwellings (buildings with three or more residential units).
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13. Physically Based Flood Model
The First Street Flood Model (FSF-FM) is a nationwide model that allows us to determine the potential flood risk from rain, streamflow,
sea level rise, tide, and storm surge for any location.
14. Community Risk And Resiliency Act (CRRA) - NYSDEC
The Community Risk and Resiliency Act (CRRA) requires New York State agencies and applicants for certain permits or funding to
consider future climate risks like sea-level rise, storm surge, and flooding in their decisions. It also mandates the development of sea-level
rise projections, resilience guidance, and model local laws to help communities prepare for climate impacts.
15. ICC A117 Standard
The ICC A117.1 standard outlines the technical accessibility requirements for buildings and facilities to ensure they are usable by
individuals with physical disabilities.