PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead Town Code at its regular meeting held on October 2, 2012.   Be it enacted by the Town Board of the Town of Riverhead as follows:





Multifamily Residential Professional Office Zone


§ 108-169.  Uses.


In the Multifamily Residential Professional Office Zone District no building, structure or premises shall be used, arranged or designed to be used and no building or structure shall hereafter be erected, reconstructed or altered, unless otherwise provided in this chapter, except for one of the following permitted uses and their customary accessory uses.

A.   Permitted uses:

(1)   Multifamily residential condominiums.

(2)   Day-care centers or nursery schools.

(3)   Professional offices of:

                        (a)        Accountants.
                        (b)       Architects.
                        (c)        Artists.
                        (d)       Attorneys.
                        (e)       Audiologists.
                        (f)         Bookkeepers.
                        (g)       Chiropractors.
                        (h)        Dentists.
                        (i)         Engineers.
                        (j)         Income tax preparer.
                        (k)        Insurance agents or brokers.
                        (l)         Interior designers.
                        (m)      Journalists.
                        (n)        Medical doctors.
                        (o)       Optometrists.
                        (p)       Osteopaths.
                        (q)       Podiatrists.
                        (r)        Person or persons determined by the Town Board to be engaged in a profession similar to those set forth above.

               (4)  One-family townhomes or multifamily units.

               (5)  Agricultural production, including but not limited to the following:


(a)         Field crops, including corn, wheat, oats, rye, barley, hay, potatoes,         and dry beans.

(b)   Fruits, including apples, peaches, grapes, cherries and berries.

(c)         Vegetables, including tomatoes, snap beans, cabbage, carrots,               beets and onions.

(d)   Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.

(e)   Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs.

(f)      Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump.

        (g)     Commercial horse boarding operation.
(6) Professional studios and performing arts studios.

B.   Special permit uses:

(1)   Public libraries/museums.

(2)   Public facilities, including fire houses and police stations.

(3)   Institutions, including schools, places of worship, and community centers.

B.C.  Accessory uses:

(1)   Those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot and not involving the conduct of a business unless as otherwise specified below.

(2)   The sale at retail of homegrown or homemade products, provided that all retail uses shall be subject to site plan approval pursuant to Article XXVI of the Riverhead Town Code and the provisions of Chapter 108. The farmer may sell supporting farm products and farm products not grown by the farmer, provided that the area devoted to the sale of said products at no time exceeds 40% of the total merchandising area.


§108-170. Development standards.

A.   Lot area. The minimum lot area shall be 160,000 square feet.

B.   Lot width. The minimum width (frontage) shall be 400 feet.

C.   Yards.

(1)   Front. The minimum front yard shall be 50 feet. No building, structure, storage, tennis court, swimming pool, or parking or other similar accessory uses shall be located in the front yard so provided. Sidewalks, walkways, and access driveways shall be exempt from this requirement.

(2)        Side. The minimum side yard shall be 25 feet.

(3)   Rear. The minimum rear yard shall be 50 feet, except that the minimum rear yard shall be 25 feet when adjacent to a property within a Multifamily Residential Professional Office Zone District.


D.   Building area.

        (1)  The maximum building area for professional office uses shall be 15% 17%.

   (2)   The number of dwelling units permitted for residential uses shall be based on the number of bedrooms per dwelling unit and the type of community water and sewage system provided, which number shall be incorporated as a filed restriction in all deeds
and titles related to the condominium site as follows:
(a) One-bedroom dwelling units: four and zero-tenths per acre.

         (b) Two-bedroom dwelling units: three and zero-tenths per acre.

E.  Floor area ratio. The maximum floor area ratio shall be 0.20.

F.   Impervious surface coverage. The maximum impervious surface coverage for all uses shall be 75%.

E.G. Height. The maximum height of buildings and structures shall be 35 feet and the maximum stories shall be two and a half.

H.   Unit size. The maximum size of dwelling units, exclusive of up to 400 square feet for attached or detached garages, shall be as follows:

(a)       One-bedroom dwelling units: 1,400 square feet.

(b)  Two-bedroom dwelling units: 1,800 square feet.

§ 108-171. Landscaping, screening and buffering.

A.   Screening and buffering shall meet the minimum requirements of § 108-64.1 of this chapter.

B.   Open space. A minimum of 20% of the lot area shall be preserved as open space. To the extent possible, existing woodlands, stands of or individual trees, and other unique, indigenous, or significant vegetation should be protected.

B.C.Yard landscaping. Within all the required yards the existing vegetation shall be retained. Any proposals for disturbance shall be subject to site plan approval and Architectural Review Board recommendation.

C.D.  Preservation of existing vegetation. Site plans for the development of property located in a Multifamily Residential Professional Office Zone District shall include an indication of existing mature trees and other instances of indigenous/or significant vegetation or other natural features so as to ensure their preservation and thereby retain an open space environment which enhances the character of the Town.

D.E.   Parking Areas.

(1) The visual impact of parking areas shall be softened by interrupting continuous rows of parking spaces with planting and by creating planted canopies over parking areas.

(2)   Any open parking areas of 15 spaces or more shall be provided with internal landscaping covering not less than 10% of the total area of the parking area.

(3)   Landscaping shall be reasonably dispersed throughout the parking area. Primary landscape materials shall be shade trees. Secondary materials may include shrubs and ground cover which shall compliment the tree planting and the surrounding natural environment.

§ 108-172. Access and parking requirements.

A.   Parking.

(1)  The parking requirement for professional office uses is one space per 150 250 square feet of floor area.

(2)   The parking requirement for residential uses is 11/2 spaces per      dwelling unit.

(3)   If a mix of uses is proposed the Planning Board may entertain a proposal for shared parking from the applicant. If the applicant requests less parking because of the sharing of spaces between uses the applicant shall submit a shared parking study to justify the reduced number of parking spaces. However, in no case shall the parking requirement be reduced by more than 15%.

B.   Access. No more than one access shall be provided per lot.


·                                 Underscore represents addition(s)

·                                 Overstrike represents deletion(s)


Dated:  Riverhead, New York

            October 2, 2012