Southold releases zoning code public review draft
Southold Town released public review drafts of its zoning code and map Tuesday, April 22, marking the first comprehensive zoning update for the town since 1989. Here is the breakdown of notable changes and how residents can share their feedback with the town.
Zoning districts
Many districts have new names, and there are four new zoning districts in the draft code.
The Hamlet Business zone would be separated into two zones: Hamlet Mixed Use I, for smaller hamlet centers with less infrastructure, and Hamlet Mixed Use II, for larger hamlet centers that can support more intense uses.
The Limited Business zone would become Rural Business I (RB I) and Rural Business II (RB II). RB I, located on Fishers Island, requires a unique zoning district to accommodate contractors’ businesses in appropriate locations, per the draft. RB II is a “less intense version of Corridor Business” district, located farther from hamlet centers than Corridor Business. It would allow residential uses and a longer list of uses than RB I.
The Residential Office district would become the Transitional district. It is meant to provide a transition and act as a buffer between residential zones and more intense commercial uses.
The Resort Residential district would become the Resort Lodging district. It would move to the “non-residential” zoning district to focus on the district’s hotel and related businesses.
An interactive map that compares the existing zoning map and proposed zoning map is available on the site with a toggle tool that shows what districts have changed. A search bar is available on the map for residents to find a specific address and identify what changes would affect it in the draft code.
Town Supervisor Al Krupski invited community members to comment on the changes to say what works and what doesn’t in the existing code and new code. He called it “a work in progress.”
“If [the changes are] helpful, we’d like to hear, ‘Hey, that’s a good idea — we’d like to support those changes,’ ” Mr. Krupski said. “If they’re not helpful, we’d like to hear that, too.”
Businesses
According to the draft, “non-residential parcels may now include multiple permitted uses and buildings in the zone district, provided they meet all setback, lot coverage, parking and landscaping requirements.” The change would replace the existing rule that limited parcels to one use per minimum lot area, to improve flexibility and efficiency in design in business zones.
Buildings that are “100% residential” would be permitted in certain zones, according to the draft. They would be required to include a mix of market-rate and rent-controlled apartments.
Several zoning districts revised in the draft would affect permitted uses. To see if your district has been revised, visit southoldzoningupdate.com.
Accessory dwellings in non-residential buildings would have a maximum size of 1,000 square feet gross floor area and “shall not comprise more than 50% of the principal building’s gross floor area, or, in the case of multiple buildings, 50% of the gross floor area of all buildings on site,” according to the draft. Remodeling of an existing structure to create ADUs would not require site plan approval unless such construction would increase the structure’s foundation size.
Accessory apartments in non-residential buildings, per the draft, would be able to include a 50/50 mix of market-rate and “affordable” units.
In the Industrial district in Cutchogue, cannabis medical dispensaries would be allowed by special exception. In the Industrial, Plum Island Research and Plum Island Conservation zoning districts, commercial solar energy production systems would be allowed with permits.
Retail businesses and restaurants would have new limitations on uses to hamlet center areas under the draft code. The reason for this change is to comply with the Southold Town Comprehensive Plan.
“This aims to support vibrant hamlet centers by discouraging foot traffic-generating uses outside these areas,” the draft states. Existing retail and restaurants outside these areas would be protected by the new rules for nonconforming uses in business zones.
Existing businesses that would be rendered “nonconforming” by zoning changes would be protected under Section 280-65. “They [would be able to] continue indefinitely, go dormant and reopen, expand or be sold,” according to the draft.
In the Rural Business II Zone, formerly the Limited Business Zone, hotel use is replaced by “Country Inns.” These have more restrictive limits on the number of rooms permitted — 10 rented guest rooms for a maximum of 20 occupants — and require the reuse of existing buildings fronting Route 25 or County Route 48. In the Marine II zoning district, a 30-room cap has been added on the number of allowed hotel rooms “to limit impacts to the environmentally sensitive shoreline.”
In and near hamlet centers, hotels are still allowed in the draft code, but with a higher restriction on the number of rooms, and a larger minimum lot size. The maximum number of rooms in a hotel would be one room for every 8,000 square feet of net lot area. This would mean for a net lot area of 40,000 square feet, the hotel would be able to have five rooms.
The Special Exception review process will be streamlined, requiring review only by the Planning Board and eliminating the existing extra Zoning Board of Appeals review process. This would reduce the number of public hearings, shorten the review timeline and minimize “uncertainty by consolidating discretionary approvals.”
Residences
Residential homeowners would be able to use existing detached accessory buildings, such as garages or barns, or create their own small accessory building without a three-year waiting period to be used as accessory dwelling units.
Under the draft code, their minimum size would be 220 square feet and their maximum size would be 750 square feet. The accessory dwelling would be no more than two bedrooms and one bathroom.
Homeowners must occupy the house as their primary residence or the accessory apartment must be owner-occupied. One unit must be leased for year-round occupancy and would no longer require a special exception from the Zoning Board of Appeals.
Retaining walls and other walls for a property must be set back from property lines. Existing restrictions on maximum house sizes remain unchanged.
Outdoor lighting regulations can be found in Section 280-57 of the draft code and were included to support “improved compliance” with town code. Generally, all exterior lighting should be designed, located and lamped to prevent excessive lighting, energy waste, glare, light trespass and unnecessary skyglow. Penalties for noncompliance with the regulations would be punishable by a maximum fine of $250 for residential violations or $750 for nonresidential violations.
Lot coverage limits include other constructed surfaces like pavement, patios, gravel driveways and sidewalks in the draft code. The existing code only includes buildings in the lot coverage limits.
Regulations not yet included in proposed code update
Regulations pertaining to wireless communication facilities, Battery Energy Storage System facilities, short-term rentals including AirBnB, sea-level rise and coastal resilience, aquifer protection and water quality, and a historical preservation overlay district are not included in the proposed code update. Regulations for these issues are being developed by the town for possible inclusion in the code.
How to give feedback
The “process” timeline on the website says that revisions from public input will be implemented sometime in the summer and fall of 2025. It also states that the target timeframe for finalization and adoption of the code would be in winter 2025 or 2026.
“This is a once-in-a-generation opportunity to shape how Southold grows and protects what makes it special,” Mr. Krupski said in a news release. “We invite everyone to be informed, get involved and help guide this important process.”
Residents are welcome to provide feedback on the proposed zoning updates through a Survey Monkey link on the zoning code update website after pressing the “add your feedback” button.
Community members can also attend a number of upcoming public forums to learn more about the draft code. The current posted schedule runs from May 12 through June 28 at a variety of locations throughout the town or on Zoom. For more information about the schedule, visit southoldzoningupdate.com/get-involved.
“Whether you’ve lived in Southold for decades or are just starting to build your life here, your voice matters,” the draft code site states.
