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HomeMy WebLinkAboutEconomic Development Committee 7.2025 Zoning comments from EDC Source Jack Malley General Comments - The current Code is outdated and needs significant revision to address the needs and concerns of today’s Southold that has changed from mostly farming and fishing to something perilously approaching the Hamptons. The proposed code, as written, went too far in trying to address these needs and can impact emerging and growing businesses. What we need is a solution that is designed to support growth and does so at a level that is economically feasible to all. The North Fork has its own distinct culture that Zoning should work to maintain. We do NOT want to become the Hamptons or Riverhead. Initial Thoughts – Certain processes seem complicated, e.g., use changes. Keep them simple. What would happen if this code were applied to Southold in its entirety? Cost, inconvenience, closure of current and future businesses, etc.? Cost of personnel to implement, enforce, maintain? Shouldn’t the residents know the current/future taxpayer cost more than the proceeds from grants? Protected land (development rights sold). What can be built on them? This should be very clear. Childcare/Dance Studio mentioned in Residential, not Business. More care in protecting our beautiful areas like Oregon Road. Suggest that no Battery Storage be permitted in the area containing beautiful farms, vineyards and open land. Protect our picturesque areas. Why restaurants removed from Trans zone? Consider a ferry between Fishers and Orient. Travel from the mainland to Fishers can take hours. Don’t know if this relates to zoning. East Marion HALO Zone seems large in comparison to the size of East Marion. Please schedule another business meeting after the code is revised based on feedback from the meetings and other sources. Questions specifically related to P 58 and forward 280-14 P62 sq foot size 1000, vs 750. Contradiction between 4a iii and 5b i P64 F 5 will signage block exit/entrance? P64 G2 why can’t boat docks be rented by property owner? P65 K e What’s a formula food franchise? Mickey Ds? We need more restaurant variety. Other Ethnic sit downs would be great, e.g., Indian, Chinese, etc. P70 Q There are many garden centers, retail e.g., Agway and wholesale that are not an accessory to a bona fide farm operation. What happens to them? Is this practical? P72 U Some current hotels do not have adequate parking. Adequate parking must be REQUIRED! No exception/negotiation. P73 V6 Manager must reside in a hotel or country inn. Does this make sense? P73 W Maritime Inn must have marina Zoning? Why, if no marina attached? Not clear. P74AA1 only 2 gasoline powered items allowed in garage? 2 cars plus lawn mower not allowed? Not practical. P76FF6 Forcing a study to ensure that retail stores will not impact the community. Owner must pay, if disputed. Process appears onerous, costly to town also and time consuming. P77HH Winery use, that’s all, what about weddings, events? 280-45 P78E3 is 10% of parcel for agritourism enough? Small farms will be impacted. P79 G3 who vets whether potential farmer has necessary skills? Our current farmers learned on their own. Seems prohibitive. P80G4 What’s a non-profit farm? P81 H2b other foods allowed other than grown on property? P83K12 farm worker dwelling reverts to community housing if winery closes. What if its resold later? Would seriously impact future sale and /or require eviction of tenants. Could the conversion be construed as eminent domaine? 280-48 P86A5a Parking off street shall be side or rear, not large front setback? P86A26 traffic impact analysis required for more than 100 vehicles, expensive and time consuming. P92-13e not clear 280-46 P85 I support Aircraft prohibitions. P93 a, b, c confusing P94 D rules about signs are excessive. P95 E no bills on poles, etc. Why? Starting to sound like the land of NO! 280-57 Outdoor lighting, I support the lighting regulations. 280-61 P127 Wireless Communication - Fire Departments/Districts should be involved in discussions regarding towers. 280-80 141 5 tree cutting requirements for new construction or addition, caliper of 4” must be approved. That’s a lot of trees on most lots. The new zoning should ensure that trees removed are replaced with strict enforcement. Source – Amanda Giuliano Southold Zoning Code Review: Key Issues Impacting Small Businesses and Agriculture This summary outlines specific zoning code provisions in the 2025 Southold Public Review Draft that may hinder small businesses, agricultural ventures, and housing flexibility. It includes direct references to the draft code and offers practical recommendations for the Town’s consideration. 1. Hybrid Business Inflexibility Code Cited: §280-80 Issue: Any change of use, even minor, requires full site plan review unless explicitly exempt. Impact: A small shift (e.g. artist studio to café, retail to office) can take 6 to 12 months and thousands in consultant costs, fees and lost revenue due to timeframe to move through all departments. Who It Affects: Small, hybrid businesses like farms with tasting rooms, design studios, and event venues to name a few. Recommendation: Exempt changes of use with no increase in intensity from site plan review if within an approved use group. 2. Permitting Overload for Minor Improvements Code Cited: §280-80 Issue: Even minor upgrades (new signs, parking changes, adding ADA ramps) trigger Planning Board review. Impact: Long delays and added costs make basic business improvements inaccessible. Who It Affects: Legacy businesses, newer tenants, retail stores, restaurants, etc. Recommendation: Allow streamlined administrative reviews for nonstructural or aesthetic changes. 3. Tenant Improvements in Legacy Buildings Code Cited: §280-80 Issue: Interior upgrades or use changes in older commercial buildings require new site plans. Impact: Discourages adaptive reuse of downtown buildings or mixed-use spaces. Who It Affects: Tenants in Hamlet Centers, Main Street properties, ag-to-retail spaces.Recommendation: Expand tenant improvement exemptions for non-intensive interior updates like upgrading to LED or efficient lighting, adding or removing non-load bearing walls, etc. 4. Excessive Setbacks for Pet and Daycare Businesses Code Cited: §280-44.Y Issue: 200-foot setback from lot lines makes pet care and child daycare uses nearly impossible in most commercial zones. Impact: Blocks services essential for working families and entrepreneurs. Who It Affects: Pet care operators, home-based daycare businesses, etc. Recommendation: Reduce setbacks or allow waivers based on property conditions. 5. Farm & Multi-Use Property Housing Restrictions Code Cited: §280-45.K Issue: Farm worker housing is limited to full-time employees only, must be clustered, and capped at two dwellings without full Planning Board review. Impact: Blocks creative housing solutions such as tiny home courts or seasonal communal housing. Who It Affects: Farms, nurseries, wineries, artists, marine trades, and seasonal businesses. Recommendation: - Expand accessory dwelling allowances - Permit mobile housing with utility hookups - Create a “Workforce Housing Overlay” for farms and mixed-use zones - Clarify if, once development rights are sold, property owners can still build additional dwellings for employees (full time and seasonal), caretakers, or other necessary support staff, especially if they do not include basements - Acknowledge that current housing allowances do not address the most economical solutions, such as dormitory-style units or modular buildings. These structures often cost $50 to $100 per square foot, offer shared kitchens and bathrooms with communal living spaces, and are quick to install while remaining code compliant. 6. Lack of Alignment with Approved Uses in Hamlet Business Districts Code Cited: §280-25, §280-26, §280-80Issue: Businesses in Hamlet Business Districts are required to undergo a change of use process even when the new use falls under the list of already approved and compatible uses for that zone. Impact: This creates redundant permitting steps and adds unnecessary delays for businesses that are fully compliant with the underlying zoning category. Who It Affects: Businesses in HMU-I and HMU-II zones—cafes, offices, small retail, wellness services, and arts-related enterprises—attempting minor pivots. Recommendation: Eliminate the site plan and change of use requirement for businesses shifting between approved uses within the same category in Hamlet Business zones. Streamline transitions to support agility and economic stability. Additional Notes: With the North Fork’s seasonal rental market oversaturated and many units sitting vacant, we need to rethink how we use existing housing stock. Instead of allowing homes to remain empty, or worse, be rented illegally on short-term platforms, we can introduce a Local Workforce Housing Voucher. This would allow up to 25 to 50 qualified homeowners per year to apply for a rental gap subsidy, matching them with employed local residents who cannot afford full market rent. For example, if a legal rental sits on the market for three months at $4,500 per month and a local worker can only afford $2,500, the landlord and tenant could apply together for a $2,000 voucher. The town would offset that amount through tax credits, waived permit fees, or other incentives. Tenants would need to show proof of local employment and submit monthly verification letters, ensuring transparency and compliance. It is not a full solution, but it is a fast, flexible way to get locals into homes and stabilize our workforce while larger-scale housing projects inch forward. Source Lucine Kirchhoff “HALO zones are planning tools that identify target areas for future development around hamlet cores, helping guide zoning updates and business activity—but they don’t introduce standalone zoning rules, except for that one retail exception in LI ( light industrial)” This is troublesome for our small hamlets to have affordable housing in the mix as it could alter the charm and historic nature of the neighborhood. Yard sales- are they still limited to two? Restrictions on Hotel and Resort Development Business owners—including hoteliers—are strongly opposed to the proposed size limits, lot coverage caps, and restrictions on pre-existing uses. They argue these changes make hotel development “almost impossible” to profitably pursue. The town has extended a moratorium on new hotel, motel, and resort development through mid-2026, reflecting deep concern and contention over these rules. Business Community Pushback The North Fork Chamber of Commerce and others describe parts of the draft as vague, restrictive, or “unworkable.” They are requesting an increase in commercially zoned land (from ~1.8% to ~3.6%) and a faster permitting process (to six months maximum). A local land-use attorney labeled the draft overly prescriptive and business-unfriendly. Lot Coverage & Built Surface Limits The draft zoning code would now include pavement, driveways, patios, and sidewalks in lot coverage calculations—something absent from the current code. Residents voiced strong concern about how these new restrictions could limit property use and landscaping flexibility. Accessory Dwelling Units (ADUs) Rules While the new code allows small ADUs (220–750²) and loosens waiting period  ft requirements, it maintains owner-occupancy mandates and unit size/bedroom limits, which some residents may see as too restrictive. Affordable Housing Obligations The town is eliminating affordable housing “loopholes” such as buyouts and off-site units, forcing developers to build at least 20% affordable units on-site in standard subdivisions. While this is intended to result in actual housing units, developers and some advocates warn it may raise costs or stall projects. Unclear or Supplementary Regulations Draft provisions do not yet address key issues such as short-term rentals, wireless facilities, sea-level rise mitigation, Battery Energy Storage Systems, and historic preservation overlays—these are promised later, leaving critical gaps in the current draft. Character and Dimensional Constraints Community groups have successfully pushed for limiting maximum house sizes based on lot area to preserve rural character. Critics, however, argue that these size caps are overly restrictive and may render existing or future homes “nonconforming,” complicating renovations or expansions.