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HomeMy WebLinkAboutRiesenfeld, M 6.2025 Palmeri, Allison From:Mark Riesenfeld <mriesenfeld@gmail.com> Sent:Friday, June 27, 2025 3:45 PM To:Lanza, Heather Subject:Initial Comments on Draft Zoning Code Attachments:ZoningCodenotes1.docx Follow Up Flag:Follow up Flag Status:Flagged Hi Heather, Hope you are doing well. I appreciate the Town’s efforts to redesign the Zoning Code and move forward with implementing various aspects of the Comprehensive Plan. I took some time to go through the Draft Zoning Code. While my review in not complete, I want to forward to you some initial comments/questions. These comments/questions are in the form of margin notes calling attention to omissions, ambiguities and questions about proposed language. I am looking at the text as I former practitioner and trying to determine if the language is understandable and clearly implementable by Planning and Building Inspection staff. The comments are not meant to be critical, but rather to assist in moving toward a better consistently implementable product. I think the main policy area I had difficulty with is the attempt to further attainable/affordable housing through establishment of a a CHO District and the related rules and regulations. The creation of a CHO District in theory does not appear to result in actual parcels being designated CHO until a project is approved. This does not seem to give much guidance as to the opportunity areas for housing. Saying that the HALO areas are candidates is not the same as designating areas of the Town as CHO. I also think that the bulk of the regulations about affordable housing should not be in the code but rather in a document adopted by the TBoard as a resolution that can be modified easily from time to time as warranted. Thank for considering the attached notes as my public comment as an individual on the Draft Zoning Code. I would be pleasedto answer any questions you or staff might have about these comments. Mark Riesenfeld 415-272-6244 mriesenfeld@gmail.com Orient, NY 1 Margin notes on draft Zoning Code 6/27/25 Notes on Zoning Code: Page 7 280-3 (5)(a) define “started” because this step is critical for vesting Page 9 280-6 E. (1) Where the property is located in more than one zoning district, the more restrictive district rules apply if it includes 15% or more of the lot area. Page 10 280-7 A. Define special approval Page 10 280-8 D. Define fence opacity. Para very confusing. Page 11 280-8 E. (1) Lot coverage definition that includes all impervious surfaces will be in conflict with intent of other sections and restrict actual building area of principal and accessory structures Page 11 280-9 A. Any limitation contemplated for these exceptions Page 12 280-11 Merger process unclear. How does property know even to ask if merger has occurred? Does merger occur absent any action by the Town? Is there some sort of noticing process that occurs if a merger has happened? Are mergers also addressed in the subdivision code? Page 17 280-15 Purpose statement refers to “prime agricultural soils” without definition. What if some agricultural lands do not have a prime agricultural soils designation? Page 23 280-21 Do 1/4 and 1/2 acre minimum lot sizes lead to a mix of affordable housing types? Exhibit suggests other than larger lots. Page 28 280-26 Rear yard setback? Page 39 280-36 Whole section on overlay district confusing. Suggests that boundaries of the district will be shown on Zoning Map. Does that mean that land (lots) within the HALO zones and hamlet centers however defined and developed land with existing buildings that have potential for conversion to housing will be shown on the Zoning Map as CHO overlay? Are properties zoned CHO only designated on a project by project basis? Seems like specific areas should be shown as CHO overlays that then would require a specific type of project approval that could include the density opportunities described in the CHO zone. Section F does not really describe zoning regulations. Most of these provisions should be adopted by the Town Board by Resolution as guidelines for affordable housing projects and expectations on their structure. A Resolution would give the TB more flexibility to respond the changing circumstances will still providing guidance to project sponsors. Page 47 280-38 Does this overlay include land encumbered by conservation easements on owned or totally preserved parcels? Page 48 280-40 Symbols are a bit confusing. A solid circle is OK if a zoning permit is approved. What is definition of a zoning permit? A circle with an A identify uses that require a Certificate of Occupancy. Does that imply that to receive a C of O other permits may be required other than a building permit? Interpretation of definition of C o O could be very broad. Are these uses by right except the necessity to meet building code requirements? The distinction between “Allowed with permit” and “Allowed as Accessory Use” suggests that no permit other than a building permit is necessary for accessory uses shown. Page 57 280-41 A. This paragraph suggests that a C o O is a permit. Is it not a document certifying compliance with building and other codes. This description is not consistent with Chapter 144.15 Southold Town Code. Page 57 280-41 B. Definition needed for the term “customarily incidental” to help property owners and staff understand what that means. Page 57 280-41 D. (3) The lot size, height…R-400, Hamlet Residential and Hamlet Mixed Use Districts…. Suggested corrections. Page 59 280-42 G. C of O are approved or issued not allowed. Page 59 280-42 H. On the Comprehensive Use Permissions charts, do BLANK boxes signify prohibited uses Page 59 280-44 A. (b) It is possible that Accessory Dwellings may be used for a home aide/caretaker and not subject to a rental agreement. Code should have a provision for that situation as it is conducive to allowing individuals to age in place or have help for serious medical conditions. Page 60 280-44 A. (2)(b)iii Again, the rental requirement should be waived for home aide/caretaker situations. Page 61 280-44 A. (3)(b)iii Rental issue for home aide/caretaker situation Page 61 280-44 A. (3) (d) Requirement that units occupy only the first floor is unreasonable if height, setback and living area square footage requirements are met. Many existing smaller accessory structures have two floors which could be used to meet the housing objectives. Page 62 280-44 A. (4)(a)vii …meet requirements for Community Housing. Other than financial means testing, what other requirements are there. Not defined in code. Page 63 280-44 A. (5)(d)Same issue of limitation to one floor of structure. More than one floor may be appropriate for smaller buildings. Page 65 280-44 K. (3) gas station = fueling/charging station in code, convenience stores larger than 800 sf are not considered accessory uses here and therefore seem to allow formula food franchises. Correct? Page 65 280-44 L. “Cottage courts” should be included in definitions for clarity. Page 67 280-44 N. Whole section is confusing and makes no sense. No market rate projects permitted. Trying to accomplish what? Page 70 280-44 Q. Retail garden centers exist at home supply companies like Loew’s and Home Depot. They should be part of definition and permitted use. Page 70 280-44 R.(2)Home occupations should not be restricted to the main building as such an activity could occur in a detached accessory structure without impact to adjoining properties. Page 70 280-44 R.(8)This description could be problematic unless it is clear that artist studio is considered a home occupation. Page 72 280-44 V.(1) D This provision suggests that no newly constructed building in the Route 25 and 48 corridors can be used as a Country Inn Hotel. What is the reason for this provision? Page 73 280-44 Z. Are pool cabanas considered an accessory structure and therefore subject to height and setback requirements? Page 74 280-44 AA.(4). …set back from the front facade of the building. What building is being referred to here—a residential dwelling? Page 76 280-44 FF.(6)The determination regarding “undue adverse impact” is problematic. Can some adverse impacts be OK or just undue ones? Also, this kind of determination and study of issues could be wrapped into a SEQRA review rather than a separate study about the service and market impacts of a proposed retail center. Page 79 280-45. G.(3) Unclear what this section means. Does a farmer need to apply for some permit to the Planning Board to initiate a start-up farm and who decides if all those criteria i-ix are being met? Does farmland need to possess prime ag soils to operate and how much of the farm needs to have prime ag soils? Page 80 280-45 G.(4)Again, for “non profit farm” it appears to suggest that the Planning Board receives and application and some kind of permit or permission is granted based the various criteria. What is the process for that? Page 80 280-45 K. Are any rental amount guidelines or restrictions contemplated by this paragraph for the Farm Worker tenants? Page 86 280-48 A. (2)(b) Site plan required for an ADU or exempt? Page 86 280-48 A.(3) Plans required for sites with existing residences? (5)(b) of the principal use and approved accessory uses Page 87 280-48 A.(6) Not sure why this analysis is included in a section on off-street parking and loading. Page 87 280-48 B. Table 1 Not sure why there is a maximum of 4 spaces per dwelling shown under the title of minimum required. Page 87 280-48 D.(11) Front yard parking pad prohibition vehicles is problematic for many areas with small lots and existing homes with narrow side yards and no garages. In these areas, parking pads for vehicles are common and necessary for off street parking. Page 105 280-49 J. (3). Why is the limitation on hours of illumination applied only to farms, garden centers or nursery? Page 110 280-50 Does not appear to include policies or requirement for inclusion of conservation measures and use of native materials when designing and implementing a landscaping plan. Page 128 280-64 A.(3) Why permit a change from one nonconforming use to another? (4) define less or more restrictive non conforming use Page 128 280-64 A.(7). Confusing. Does this mean that the reduced nonconformity can continue and the discontinued nonconformity permanently prohibited? Page 129 280-65 A. There should be a third point similar to 280-64 A.(7) that says non-conforming uses that have been discontinued for two years in a building or on a lot shall no longer be permitted. Page 135 280-77 A. (3) add “To adopt Amendments to the Zoning Code initiated by the Town Board” B. Why aren't legislative matters like adoption of Amendments to Zoning Code appealable to the appropriate court of law through for example, an Article 78 action? Page 136 280-80 E. Is revocation of a C of O only a result of violation of a site plan? What about circumstances where site plan was not required? Page 137 280-80 B. Define “development activity” Page 138 280-80 F.(1) Pre-submission conference should include discussion regarding any variances or special exceptions that may be required and not wait until after submission of application for a determination as suggested in para F (3)(a) and following. Page 139 280-80 F.(4). Later sections in code indicate that the Planning Board would consider Special Exceptions when a Site Plan review is required. Page 142 280-80 I. (1)(2)(3) Define “overly large building”, “appropriate diversity” and “visual discord” Page 143 280-80 J. For site plans that include multiple dwellings Page 143 280-80 J. (5) Substitute word “variance” with amendment to avoid confusion with how variance is used in other parts of code Page 143 280-80 J.(6) Not sure why this is here. Misplaced? Page 145 280-80 P.Don’t really need this info in code. More flexible as a resolution or better yet a department information publication. Page 149 280-81 E. To what entity is a decision on a sign permit appealed? Page 150 280-82 D.(4) Render a decision on the application for special exception Page 150 280-82 C.(2) In this section, the Planning Board is authorized to act on special exceptions that also require a Site Plan approval, in D.(3) it says the Planning Board shall act on special exceptions when reviewing a Site Plan. Page 150 280-82 D.(1) Town staff should be identified as Building Inspector. When disapproval occurs, is application forwarded by town staff to ZBA or PB or does applicant initiate that process? Page 150 280-82 F.(7) “or in the alternative, the ZBA or the PB shall…” Page 152 280-82 G.(11) the lot area Page 152 280-80 G. (12) “unreasonably near” a poor standard, clear definition needed Page 152 280-82 H.(1) Double negative makes statement very ambiguous. Is it meant to say that only the approved special exception use is authorized and no other? Page 153 280-82 H.(5) Can there be more than one extension requested and granted? Page 153 280-82 H.(7) The term “abandoned” is not defined. What is the consequence of abandonment, a loss of right to continue the use approved by the special exception? Page 153 280-82 J. This paragraph should also apply to the Planning Board when it acts on special exceptions Page 154 280-83 A. References to Article VII. This is definitions section of zoning code. Provisions to amend Code are generally covered by Section 1-8 of Town Code. Page 154 280-84 A. Can “use variances” be approved without limitation? In other words, if findings can be made do variances become a defacto rezoning? Page 157 280-84 G. This section on retaining and charging for supplemental technical studies for actions before the ZBA and PB are confusing and inconsistent. The accompanying administrative rules really don't belong in the code and should be part of an administrative guidance adopted by resolution and attached to project applications. There should be a clear distinction between the cost of preparing the studies and the Town’s fee if any to review and administer these studies. Page 159 280-85 Definition of administrative decision—whose decision can be appealed under this section? This section is poorly written. It should start out saying what an administrative decision is, who makes it and who hears the appeal. Seems like this section is saying that the BI is authorized to make admin decisions and the ZBA is authorized to an appeal of an admin decision. Then criteria for granting an appeal can be indicated. If an appeal if filed, there should be stated procedures and timelines. Page 160 280-87 A. This section is confusing. The BI stop work authority is restricted in section 144 to work on buildings and generally does not pertain to uses of land or existing buildings that could be subject to building permit requirements. Is it the intent of this section to have the BI do all zoning code enforcement and if so, what are the procedures for enforcement as distinguished from issuing stop work orders for construction activity. Are enforcement warnings issued, who imposes a fine and how is it secured? Page 163 280-89 Agritourism activities definition restricted to selling farm’s agricultural products therefore no lodging, restaurant or resort type of uses. Airport, Basic Utility Stage II—does this definition include jet aircraft or just prop driven. Page 166 280-90 Building area—unclear if this definition includes basement since at least part of basement is above finished grade—maybe say “other buildings entirely above finished grade” Page 167 280-91 Child care. Is child care a use or a building? Should there be a distinction? Commercial recreation, indoor/outdoor. Both definitions refer to a facility. Does facility include such complimentary uses such as offices and/or club house, or food service incidental to recreational activity? Golf or tennis club for instance. Community Housing—Dwellings “that are for sale or rent” reserved for… Page 168 280-91 Condominium—Better definition is “a dwelling either stand alone, in a building or group of buildings in which owners have full title to the individual dwelling unit and an undivided interest in the shared parts of the property” Continuing Care Retirement Community—“living arrangement for senior adults (aged 62 years or older) in …” Convenience Store—convenience stores like 7-11 sell some food items that are not “pre-packaged”. Cooperative—better defined as “a form of housing where residents own shares in a corporation that owns the building or buildings and the common areas, rather than owning individual units like in a condominium. Each resident receives a proprietary lease for their apartment, granting them the right to occupy it under the rules established by the cooperative corporation.” Page 169 280-92 Deck—What about similar structure NOT attached to a building? An above grade patio? Demolition—how is “market value” established here? Page 170 280-92 Farmhouse—used as a residence by owner or manager Farm Worker Housing—provided to house farm employees and their family members Page 170 280-93 Educational facility — the statement that vocational and trade programs are incidental to operation of the school is very confusing. Stand alone vocational and trade schools could also be considered an educational facility Page 171 280-94 Farm stand—Does this mean that retail sale of ag products at the stand must be grown on the same farm operation where the stand is located? Farm tasting room—can only be located on same farm operation where produce is grown—unclear where products like beer, spirits etc may involve components not grown on farm. Page 172 280-94 Fence—“to prevent straying from within or intrusion from without” is an antique definition—perhaps a more contemporary description would work best. Page 174 280-95 Gambling establishment. This is a place not an activity. Greenhouse, Permanent. What is a livestock commodity? Does this mean animals? Page 175 280-96 Holiday Lighting—Are there no other holidays for which lighting is permitted other than between Thanksgiving and Jan 15? Potentially discriminatory. Homeowners Association—can include associations that do not have a shared interest in the responsibility for open space or facilities. Hotel—guests should be substituted for transients for all definitions Incompatible Uses—This is a general term that could apply to many other uses than storage of hazardous wastes. Page 177 280-100 Lot—which is occupied or which could be occupied Page 178 Lot Coverage—Definition is too restrictive and will reduce normally expected ability to develop smaller single family parcels particularly in combination with Big House provisions. Page 180 280-102 Natural vegetation—…naturally occurring native vegetation… Indigenous usually refers to people not plants. Nursery School—these facilities usually provide for sleeping areas (naps) Page 181 280-103 Off-street parking space—this definition would include parking on a non-public private road Open Space—not sure what is meant by improvements like buildings that are incidental to natural openness of the lot or parcel. Usually open space is unimproved except for possibly parking areas or an informational kiosk Page 181 280-104 Patio—can a patio exist without being attached to a building. Some confusing interplay between deck and patio. Performance Guarantee—…required as part of a condition of approval for development… Pool Cabana—can a cabana contain a toilet/bath, sink, refrigerator? Page 183 280-107 Senior living—what is definition of senior adults? Page 186 280-107 Small Wind Energy System—primarily for on-site consumption or can be transferred to the grid or an approved BESS? Page 187 280-108 Substantially rehabilitate—definition uses assessed value to measure substantially while earlier definitions use market value Page 188 280-109 Underlying zoning—HPO, APO, CRO districts not listed on Table 280-14-1. What are they?