The Village will be holding 2 Public Hearings at upcoming Board of Trustees Meeting
Thursday, October 10 @ 6PM:
RESOLUTION TO SCHEDULE A PUBLIC HEARING ON A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF SOUTHAMPTON TO ADD A NEW CHAPTER 108, VACANT BUILDINGS AND STOREFRONTS
RESOLVED, that the Board of Trustees of the Village of Southampton hereby directs that a public hearing shall be held at 6:00 p.m. prevailing time on Thursday, September 12, 2019 on “A LOCAL LAW amending the Code of the Village of Southampton to add a new Chapter 108 entitled Vacant Buildings and Storefronts.”
LOCAL LAW NO. ____ OF 2019
A LOCAL LAW amending the Code of the Village of Southampton to add a new Chapter 108 entitled Vacant Buildings and Storefronts.
BE IT ENACTED by the Village Board of the Village of Southampton as follows:
Section 1. Amendment. Amend the Code of the Village of Southampton by adding a new Chapter 108 by and adding underlined words as follows:
CHAPTER 108: VACANT BUILDINGS AND STOREFRONTS
§108-1. Legislative findings and purpose. It is the finding of the Board of Trustees of the Village of Southampton that storefronts contribute to the vitality and economic health of the Village’s traditional walkable business district by visually connecting interior activities with public space on the street. It has been found that storefronts and nonresidential buildings that remain vacant, with unlit and empty storefront windows and access points fenced or boarded over, are unsightly, unsafe and have a negative impact on the aesthetic character of the Village’s historic business district and their surrounding properties and businesses. It is the intent and purpose of this chapter to promote the success of the businesses and the overall health of the Village’s business district, encourage an active and lively streetscape and maintain the historic aesthetic character of the Village’s business district by establishing regulations requiring the owner of a vacant non-residential building or storefront to cover all storefront windows with a window display and/or window screening in accordance with certain standards.
§108-2. Definitions. As used in this chapter, the following terms shall have the indicated meanings:
GROUND FLOOR - Any occupied floor of a non-residential building with direct access to grade or street elevation, that is located less than one story above, or less than one story below grade, provided that no portion of a floor that constitutes a cellar or basement shall constitute a "ground floor."
OCCUPIED - Any non-residential building or structure where one or more persons actually conducts a lawful business in all or any part of the building as the licensed business occupant, or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, non-transient business, or any combination of the same.
OWNER - Any person (i) having a legal or equitable interest in a property; (ii) having a legal interest in a property recorded in the official records of the state, county or municipality as holding title to the property; or (iii) otherwise having control of the property including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON - An individual, corporation, partnership, limited liability company, financial institution, bank, credit union, savings and loan company, investment firm, government agency, government authority, municipal corporation or any other group acting as a unit.
PROPERTY - Any portion of improved real estate located within the Village of Southampton, which includes the buildings or structures located on it regardless of condition.
STOREFRONT - Any facade located on the ground floor of a non-residential building having one or more storefront windows.
STOREFRONT WINDOW - Any window of a non-residential building that permits an unobstructed public view into the interior of the building or premises from any immediately adjacent street, sidewalk or right-of-way. This term includes doors.
VACANT - A building or structure, or portion thereof, shall be deemed to be vacant if no person or persons currently conducts a lawfully licensed business there or in any part of the building as the legal or equitable owner(s) or tenant occupant(s) or owner-occupants or tenant(s), on a permanent non-transient basis.
VACANT BUILDING - A building or structure, or portion thereof, used or designed for non-residential purposes that is unoccupied for more than thirty (30) days or has been the subject of (i) a mortgage foreclosure action or notice; (ii) a bankruptcy sale or notice; (iii) a delinquent tax sale or notice; or (iv) a mortgage foreclosure action where the title to the property has been retained by the beneficiary of a deed or trust involved in the foreclosure or transferred under a deed in lieu of foreclosure/sale.
VACANT STOREFRONT - A storefront shall be deemed vacant if no person or persons currently conducts a lawfully licensed business there.
WINDOW - An opening in a building that has a glass casement for permitting natural light into a building.
WINDOW DISPLAY - A visual representation of information or graphics for viewing by the public in a window.
WINDOW SCREENING - Venetian or similar blinds, drapes, curtains or shades or a covering which is constructed of durable, opaque material, such as cardstock or heavy weight paper (60 pound or heavier) that is placed on the inside of a storefront window which conceals the interior of the premises from public view. Window screening shall not include the painting or soaping of the window.
§108-3. Window displays and screening required. When a ground floor premises is vacant, the property owner, or any person in possession or control of the vacant space, shall cover all storefront windows with a window display and/or window screening in accordance with the standards in §108-4.
§108-4. Standards for window displays and window screening.
A. The following standards shall apply to window displays and screening:
(1) The window display or screening shall be temporary and completely screen the storefront window to a level at least six feet above the immediately adjacent sidewalk or ground level. The Village Building Inspector or Fire Marshall may require a portion of the storefront window, including the door, to be unobstructed to enable emergency and enforcement personnel to view the interior of the building at all times.
(2) The window display or screening may be decorative or a graphic design related to a future business at the location.
(3) Adhesive materials used to affix the covering shall not be visible from the exterior of the building.
(4) There shall be no seams visible from the exterior of the building.
(5) The window display or screening shall be maintained in a clean and neat appearance, free of graffiti and not torn.
(6) The window display or screening shall be lighted.
(7) The window display or screening shall be replaced every six months with new graphics.
(8) The vacant storefront window and window display or screening shall not contain more than one sign advertising the vacant space for rent, lease or sale. Said sign shall be no greater than two square feet in area and shall be located in a lower corner of the storefront window.
(9) Vacant storefront areas shall be kept clear of equipment, desks, stored materials, or other promotional objects.
B. Options for a window display or screening may also include contemporary or historical images of the Village of Southampton, works of art or artistic displays for public benefit approved by the Village, and information on a public event. The Village Building Department is available for suggestions and resource assistance.
C. Window displays and screening are temporary during the time the building or storefront is vacant and shall be removed within two weeks of legal occupancy.
D. No window display or screening shall contain any matter, in writing or in depiction, that, when considered as a whole, predominantly appeals to commercial interests, advertisement or prurient interests.
§108-5. Construal of provisions. The provisions of this chapter shall be in addition to all building, zoning, historic, fire, health or environmental laws, regulations and conditions that have been or may hereafter be imposed by municipal and State government. Nothing herein shall be construed to repeal, modify or constitute an alternative to any lawful regulation that is more restrictive than this chapter or the state code.
§108-6. Penalties for offenses; enforcement.
A. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine in an amount not less than $750 nor exceeding $3,000 for each offense or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. In addition, the Board of Trustees may authorize the commencement of a civil action or proceeding seeking penalties in an amount not less than $750 nor exceeding $3,000 for each offense. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
C. The Board of Trustees may also authorized the commencement of a civil action or proceeding in a court of competent jurisdiction to enjoin a violation of this chapter.
Section 2. Authority. The proposed local law is enacted pursuant to Village Law §4-412, as well as Municipal Home Rule Law §§10(1)(i), and 10(1)(ii)(a)(11) & (12).
Section 3. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of
competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.
Section 4. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.
Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Administrator’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
Tuesday, October 22 @ 6PM:
PUBLIC HEARING ON A LOCAL LAW REPEALING §80-1N OF THE PARK AND BEACH REGULATIONS RELATED TO SURFBOARDING
A LOCAL LAW repealing §80-1N of the Park and Beach Regulations related to surfboarding.
BE IT ENACTED by the Village Board of the Village of Southampton as follows:
Section 1. Amendment. Section 90-1N of the Park and Beach Regulations is repealed by deleting the strike-through words as follows:
§80-1. It shall be unlawful for any person or persons to engage in or do any of the acts hereinafter set forth on the ocean beach in the Village of Southampton, which area is more particularly described as follows: bounded on the north by the general line of the top of the first rank of the ocean dunes, on the east by the easterly Village boundary line, on the south by the low-water line of the Atlantic Ocean and on the west by the westerly Village boundary line:
Sections A. through M. (remain unchanged)
N. Surfboarding.
(1) To use a surfboard in the water adjacent to that portion of the area lying between the westerly line of Halsey Neck Lane extended southward to the ocean and the easterly line of Old Town Road extended southward to the ocean and also for a distance of 200 feet to the east and west of Fowler Lane extended southward to the ocean, between the 15th day of June and the 15th day of September in each year from 9:00 a.m. to 6:00 p.m., prevailing time.
(2) Anything to the contrary herein notwithstanding, the Board of Trustees may, from time to time, by resolution, designate a specific area or areas within the aforesaid prohibited areas where surfboarding or surf casting will be permitted, properly marking the boundaries of such area or areas, provided that the designated area or areas shall be kept clean and orderly and all participants in surfboarding or surf casting shall remain within the boundaries of the designated area or areas. Any such areas so designated by the Board of Trustees may be relocated or terminated by resolution of said Board.
Sections O. through R. (remain unchanged)
Section 2. Authority. The proposed local law is enacted pursuant to Village Law §4-412, as well as Municipal Home Rule Law §§10(1)(i), and 10(1)(ii)(a)(11) & (12).
Section 3. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.
Section 4. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.
Copies of the proposed law, sponsored by Trustee Mark Parash, are on file in the Village Administrator’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
