HomeMy WebLinkAboutZoning Code in effect after the adoption of Local Law 1 of 1989 OWN Clark Co p
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ZONING
Chapter 100
ZONING CODE IN EFFECT AFTER THE
ADOPTION OF LOCAL LAW NO. 1 OF
1989.
From the
CODE
of the
Town of
SOUTHOLD
GENERAL CODE PUBLISHERS CORP.
ZONING
Chapter 100
From the
CODE
of the
TOWN OF SOUTHOLD
COUNTY OF SUFFOLK
STATE OF NEW YORK
[Printed as last amended 1-10-89 by L.L. No. 1-1989. Consult
municipal records for possible amendments adopted thereafter.]
GENERAL CODE PUBLISHERS CORP.
72 Hinchey Road
Rochester, New York 14624
1989
ZONING
Chapter 100
ZONING
ARTICLE I
General Provisions
§ 100-9. Title.
§ 100-10. Purposes.
§ 100-11. Interpretation and conflicts.
§ 100-12. Exceptions.
§ 100-13. Definitions.
ARTICLE II
Districts
§ 100-20. District designations.
§ 100-21. Zoning Map.
§ 100-22. District boundaries.
§ 100-23. Effect of establishment of districts.
ARTICLE III
Agricultural-Conservation (A-C) District
and Low-Density Residential R-80, R-120,
R-200 and R400 Districts
§ 100-30. Purpose.
§ 100-31. Use regulations.
§ 100-32. Bulk, area and parking regulations.
§ 100-33. Accessory buildings.
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SOUTHOLD CODE
ARTICLE IIIA
Low-Density Residential R40 District
§ 100-30A.1. Purpose.
§ 100-30A.2. Use regulations.
§ 100-30A.3. Bulk, area and parking regulations.
§ 100-30A.4. Accessory buildings.
ARTICLE IV
Hamlet Density (HD) Residential District
§ 100-40. Purpose.
§ 100-41. Applicability.
§ 100-42. Use regulations.
§ 100-43. Bulk, area and parking regulations.
ARTICLE V
Affordable Housing (AHD) District
§ 100-50. Purpose.
§ 100-51. Definitions.
§ 100-52. Applicability.
§ 100-53. Use regulations.
§ 100-54. Bulk, area and parking regulations.
§ 100-55. Application procedure.
§ 100-56. General regulations and requirements.
§ 100-57. Administration.
§ 100-58. Applicability of other Code provisions.
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ARTICLE VI
Resort Residential (RR) District
§ 100-60. Purpose.
§ 100.61. Use regulations.
§ 100-62. Bulk, area and parking regulations.
ARTICLE VII
Residential Office (RO) District
§ 100-70. Purpose.
§ 100-71. Use regulations.
§ 100-72. Bulk, area and parking regulations.
ARTICLE VIII
Limited Business (LB) District
§ 100-80. Purpose.
§ 100-81. Use regulations.
§ 100-82. Bulk, area and parking regulations.
ARTICLE IX
Hamlet Business (HB) District
§ 100-90. Purpose.
§ 100-91. Use regulations.
§ 100-92. Bulk, area and parking regulations.
§ 100-93. Uses confined to enclosed buildings.
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SOUTHOLD CODE
ARTICLE X
General Business (B) District
§ 100-100. Purpose.
§ 100-101. Use regulations.
§ 100-102. Bulk, area and parking regulations.
ARTICLE XI
Marine I (MI) District
§ 100-110. Purpose.
§ 100-111. Use regulations.
§ 100-112. Bulk, area and parking regulations.
ARTICLE XII
Marine II (MII) District
§ 100-120. Purpose.
§ 100-121. Use regulations.
§ 100-122. Bulk, area and parking regulations.
ARTICLE XIII
Light Industrial Park/Planned Office Park
(LIO) District
§ 100-130. Purpose.
§ 100-131. Use regulations.
§ 100-132. Bulk, area and parking regulations.
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ARTICLE XIV
Light Industrial (LI) District
§ 100-140. Purpose.
§ 100-141. Use regulations.
§ 100-142. Bulk, area and parking regulations.
ARTICLE XV
Density, Minimum Lot Size and Bulk Schedules
§ 100-150. Repeal of existing schedule; incorporation of new
schedules.
§ 100-151. Conformance required.
ARTICLE XVI
(Reserved)
ARTICLE XVII
(Reserved)
ARTICLE XVIII
Cluster Development
§ 100-180. Purpose.
§ 100-181. Applicability.
ARTICLE XIX
Parking and Loading Areas
§ 100-190. Purpose.
§ 100-191. Off-street parking areas.
§ 100-192. Off-street loading areas.
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SOUTHOLD CODE
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ARTICLE XX
Signs
§ 100-200. Purpose.
§ 100-201. Applicability; permit required; application; ap-
proval; fees.
§ 100-202. General design principles.
§ 100-203. Prohibitions and general restrictions.
§ 100-204. Limitation of content or copy.
§ 100-205. Specific regulations.
§ 100-206. Unsafe, abandoned and unlawful signs.
§ 100-207. Continuation of existing signs.
ARTICLE XXI
Landscaping, Screening and Buffer Regulations
§ 100-210. Purpose.
§ 100-211. General requirements.
§ 100-212. Dont landscaped area.
§ 100-213. Transition buffer area.
§ 100-214. Landscaped parking area.
§ 100-215. Properties located adjacent to creeks. '-
ARTICLE XXII
(Reserved)
ARTICLE XXIII
Supplementary Regulations
§ 100-230. Exceptions and modifications.
§ 100-231. Height of fences, walls and hedges.
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§ 100-232. Corner lots.
§ 100-233. Building length and separation for buildings con-
taining multiple dwellings.
§ 100-234. Courts.
§ 100-235. Access requirements.
§ 100-236. Open storage.
§ 100-237. Prohibited uses in all districts.
§ 100-238. Provisions for community water, sewer and utility
facilities.
§ 100-239. Land under water, filled land.
§ 100-239.1. Excavations.
§ 100-239.2. Tourist camps, camp cottages and trailers.
§ 100-239.3. Berms.
ARTICLE XXIV
Nonconforming Uses and Buildings
§ 100-240. Purpose.
§ 100-241. Nonconforming uses.
§ 100-242. Nonconforming buildings with conforming uses.
§ 100-243. Nonconforming buildings with nonconforming
uses.
§ 100-244. Nonconforming lots.
§ 100-245. Repairs and maintenance.
§ 100-246. Involuntary moves.
ARTICLE XXV
Site Plan Approval
§ 100-250. Purpose.
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SOUTHOLD CODE
§ 100-251. General requirements.
§ 100-252. Objectives.
§ 100-253. Effect of approval.
§ 100-254. Procedures.
§ 100-255. Site plan elements.
ARTICLE XXVI
Special Exception Uses
§ 100-260. Purpose.
§ 100-261. Special exception uses; approval required.
§ 100-262. Application; hearing, approval; violations of condi-
tions.
§ 100-263. General standards.
§ 100-264. Matters to be considered.
§ 100-265. Additional conditions and safeguards.
ARTICLE XXVII
Board of Appeals
§ 100-270. Appointment; membership.
§ 100-271. Powers and duties.
§ 100-272. Additional conditions and safeguards.
§ 100-273. Rules of conduct and procedure.
§ 100-274. Fees.
§ 100-275. Notice of hearing.
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• ARTICLE XXVIII
Administration and Enforcement
§ 100-280. Administrative and enforcing officer.
§ 100-281. Building permits.
§ 100-282. Revocation of permit
§ 100-283. Stop orders.
§ 100-284. Certificates of occupancy.
§ 100-285. Penalties for offenses.
§ 100-286. Remedies.
ARTICLE XXIX
Amendments
§ 100-290. Procedures.
§ 100-291. Fees.
§ 100-292. Notice of proposed change of zone classification.
ARTICLE XXX
Severability
§ 100-300. Severability.
Density and Minimum Lot Size Schedule for Resi-
dential Districts
Density and Minimum Lot Size Schedule for Non-
residential Districts
Bulk Schedule for Residential Districts
Bulk Schedule for Business, Office and Industrial
Districts
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§ 100-9 SOUTHOLD CODE § 100-10
[HISTORY: Adopted by the Town Board of the Town of
Southold 4-9-57; amended in its entirety 11-23-71. Sections 100-
13, 100-20G, 100-30B(7)(a), 100-30B(9)(a), 100-30C, 100-70A(1),
100-90A(22), 100-121C(2)(i), 100-141J(5), 100-144B and 100-145
amended during codification; see Ch. 1, General Provisions,
Article II. Other amendments noted where applicable.]
GENERAL REFERENCES
Preservation of agricultural lands—See Ch.25.
Flood damage prevention—See Ch.46.
Junkyards—See Ch.54.
Landmark preservation—See Ch.56.
Open space preservation—See Ch.59.
Soil removal—See Ch.81.
Tourist and trailer camps—See Ch.88.
Wetlands—See Ch.97.
Subdivision of land—See Ch.A106.
ARTICLE I
General Provisions
§ 100-9. Title. [Added 2-1-83 by L.L. No. 2-19831
This chapter shall be known and may be cited as the "Southold
Town Zoning Code."
§ 100-10. Purposes.
There is hereby established a comprehensive zoning plan for the =Q
Town of Southold, which plan is set forth in the text and map that
constitute this chapter. Said plan is adopted for the purposes set forth
in Article 16 of the Town Law,which, in the interest of the protection
and promotion of the public health, safety and welfare, shall be
deemed to specifically include the following, among others:
A. The facilitation of the efficient and adequate provision of
public facilities and services.
B. The assurance of adequate sites for residence, industry and
commerce.
C. The provisions of privacy for families.
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§ 100-10 ZONING § 100-11
D. The prevention and reduction of traffic congestion so as to
promote efficient and safe circulation of vehicles and
pedestrians.
E. The maximum protection of residential and historic areas.
[Amended 1-10-89 by L.L. No. 1-19891
F. The gradual elimination of nonconforming uses.
G. The enhancement of the appearance of the Town of Southold
as a whole, particularly its open and rural environment.
[Amended 1-10-89 by L.L. No. 1-19891
H. The encouragement of flexibility in the design and develop-
ment of land in such a way as to produce the most appropriate
use of lands, to facilitate the adequate and economical
provision of streets and utilities and to preserve the natural
and scenic qualities of open lands.
I. The fostering and protection of agriculture and fisheries.
J. To make provision for, so far as conditions may permit, the
accommodation of solar energy systems and equipment and
access to sunlight necessary therefor. [Added 2-1-83 by L.L.
No. 2-19831
K. The protection of the subsurface water supply and surface
waters. [Added 1-10-89 by L.L. No. 1-19891
L. The protection and enhancement of the coastal environment.
[Added 1-10-89 by L.L. No. 1-19891
§ 100-11. Interpretation and conflicts.
A. Where a provision of this chapter conflicts with or imposes a
different requirement from any other provision of this chapter,
the provision or requirement which is more restrictive or
which establishes the higher standard shall govern.
B. Where the provisions of this chapter conflict with or impose a
different requirement from any other ordinance of the Town of
Southold or any rules or regulations adopted thereunder, the
ordinance, rule or regulation which establishes the higher
standard or requirement shall govern.
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§ 100-11 SOUTHOLD CODE § 100-12
C. In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety and
welfare. Except where specifically provided to the contrary, it
is not intended by this chapter to repeal, abrogate,annul or in
any way to impair or interfere with any rules, regulations or
permits previously adopted or issued or which shall be adopted
or issued pursuant to law relating to the use of buildings,
structures, shelters or premises; nor is it intended by this
chapter to interfere with or abrogate or annul any easements,
covenants or other agreements between parties.[Added 1-10-
89 by L.L. No. 1-1989]
§ 100-12. Exceptions. [Amended 10-30-73 by L.L. No. 5-19731
All of the lots on the following subdivision maps shall be excepted
from the lot area and lot width requirements of this chapter, and the
lot areas and lot widths applicable to said lots shall be as shown and
designated on said subdivision maps: Green Acres; Stratmors;Marion
Manor;Cleaves Point, Section II;Fordham Acres, Section I;Fordham
Acres, Section II; Sterling Homes; Eastern Shores, Section I; Eastern
Shores, Section II; Eastern Shores, Section III; Eastern Shores,
Section IV; Eastern Shores, Section V; Southold Shores; Sunny
Shores; Moose Cove; Nassau Point; Deer Park; Village Manor; G.I.
Tuthill; Edgemere Park; Willow Terrace; Soundcrest Woods;
Gardiners Bay Estates, Section III; Harvest Homes, Section I;
Bayview Woods Estates;Willow Point; Harbor Lights Estates, Section
I; Terry Waters; Bay Haven; Corey Creek Estates; West Creek
Estates; Northwoods; Vista Bluff;Jacksons Landing-, Bennett's Pond;
Rosewood Estates; Sunset Knolls, Section II; Smithfield Park;
Paradise Point; Harbor Lights Estates, Section III; Highwood;
Nunnakoma Waters; Yennecott Park; Downsview; South Harbor
Homes; Peconic Shores, Section I; Peconic Homes, Section I; Peconic
Homes, Section II;Peconic Bay Oaks;Laurel Country Estates;Orient-
by-The-Sea, Section II; Cleaves Point, Section III.
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§ 100-13 ZONING § 100-13
§ 100-13. Definitions. [Amended 7-31-731
A. Word usage. Words used in the present tense include the
future;the singular number includes the plural,and the plural
the singular; the word "person" includes a corporation as well
as an individual; the word "lot" includes the word "plot"; the
term "occupied"or"used,"as applied to any building, shall be
construed as though followed by the words "or intended,
arranged or designed to be occupied or used."
B. [Amended 10-26-76 by L.L. No. 5-1976; 4-11-78 by L.L.
No. 2-1978; 2-1-83 by L.L. No. 2-1983; 1-21-86 by L.L. No.
1-1986; 5-17-88 by L.L. No. 14-1988; 8-23-88 by L.L. No.
20-1988; 1-10-89 by L.L. No. 1-19891 Definitions and usages.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings as herein
defined. Any word or term not noted below shall be used with
a meaning as defined in Webster's Third New International
Dictionary of the English Language, unabridged (or latest
edition).
ACCESS — A physical entrance to property.
ACCESSORY APARTMENT —A dwelling unit created in a
presently existing one-family dwelling pursuant to § 100-
31B(14).
ACCESSORY BUILDING OR STRUCTURE — A building
or structure detached from a principal building located on the
same lot as and customarily incidental and subordinate to the
principal building.
ACCESSORY USE — A use customarily incidental and sub-
ordinate to the main use on a lot,whether such"accessory use"
is conducted in a principal or accessory building.
ADDITION — A structure added to the original structure at
some time after the completion of the original.
AGRICULTURE —The production, keeping or maintenance,
for sale, lease or personal use, of plants and animals useful to
man, including but not limited to forages and sod crops;grains
and seed crops;dairy animals and dairy products; poultry and
poultry products; livestock, including beef cattle,sheep, swine,
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§ 10043 SOUTHOLD CODE § 100-13
horses, ponies, mules or goats or any mutation of hybrids
thereof, including the breeding and grazing of any or all of
such animals; bees and apiary products; fur animals; fruits of
all kinds,including grapes, nuts and berries,vegetables; floral,
ornamental and greenhouse products;or lands devoted to a soil
conservation or forestry management program.
ALTERATION — As applied to a building or structure, a
change or rearrangement in the structural parts or in the exit
facilities, or an enlargement, whether extending on a side or
by increasing in height, or the moving from one location or
position to another.
APPLICANT — The landowner or the agent, optionee, con-
tract purchaser or other person authorized in writing to act
for the landowner in submitting an application under this
chapter.
APPLICATION FOR DEVELOPMENT — The application
form and all accompanying documents and exhibits required
of an applicant by an approving authority for development
and/or site plan review purposes.
AUTOMOBILE SALES LOT OR BUILDING — A lot or
building used for the sale or hire of automobile equipment.
This shall be interpreted to include new and used car
dealerships and auto accessory salesrooms but not the sale of
junked automotive equipment.
BASEMENT — A story of a building, partly below the fin-
ished grade level, which has more than one-half (1%) of its
height, measured from floor to ceiling, above the average
established curb level or finished grade of the land immediate-
ly adjacent to the building.
BED-AND-BREAKFAST — The renting of not more than
three(3)rooms in an owner-occupied dwelling for lodging and
serving of breakfast to not more than six (6) casual and
transient roomers, provided that the renting of such rooms for
such purpose is clearly incidental and subordinate to the
principal use of the dwelling.
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§ 100-13 ZONING § 100-13
BERM — A structure composed primarily of earth intended
for privacy, security, enclosure, visual screening or noise
abatement.
BILLBOARD — A sign, including the type commonly known
as a "billboard," which directs attention to a business,
commodity, service,entertainment or attraction which is sold,
offered or existing elsewhere than upon the same lot where
such sign is displayed or only incidentally upon such lot.
BLOCK — An area bounded by one (1) or more streets or a
municipal boundary and of sufficient size to accommodate a
lot or lots of minimum size required by this chapter.
BOARDING-AND TOURIST HOUSES —A building,other
than a hotel, where lodging, with or without meals, for five(5)
or more persons is furnished for compensation.
BOARD OF APPEALS — The Zoning Board of Appeals of
the Town of Southold.
BUILDABLE AREA —The area of a lot remaining after the
minimum yard and open space requirements of this chapter
have been met.
BUILDABLE LAND — The net area of a lot or parcel after
deducting wetlands,streams,ponds,slopes over fifteen percent
(15%), underwater land, easements or other restrictions
preventing use of such land for construction of buildings or
development.
BUILDING —Any structure having a roof supported by such
things as columns, posts, piers, walls or air and intended for
the shelter, business, housing or enclosing of persons,animals,
property or other materials;also any combination of materials
forming any construction, except where entirely underground
so as to permit the use of the ground above the same as if no
"building" was present. The term "building" shall include the
term "structure" as well as the following-
(1)
ollowing(1) Signs.
(2) Fences.
(3) Walls.
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§ 100-13 SOUTHOLD CODE § 100-13
(4) Radio and television receiving and transmitting towers
and antennas, except for such antennas installed on the
roof of a building and extending not more than twenty
(20) feet above the highest level of the roof of such
building.
(5) Porches, outdoor bins and other similar structures.
BUILDING AREA — The aggregate of the maximum hori-
zontal cross section of the buildings on a lot,measured between
the exterior faces of walls.
(1) The term "building area" shall include the following.
(a) Balconies.
(b) Terraces, patios, decks and other structures above
the finished grade.
(c) Swimming pools, tennis courts and other similar
structures.
(2) The term "building area" shall exclude the following.
(a) Cornices, eaves, gutters, chimneys and fireplaces,
projecting not more than twenty-eight (28) inches
from exterior walls.
(b) Steps and open porches, projecting not more than
five (5) feet from exterior walls and having an area
of not more than thirty (30) square feet.
(c) First-story bay windows projecting not more than -s
three(3) feet from exterior walls and exterior cellar
doors projecting not more than six (6) feet from
exterior walls.
BUILDING LINE — A line formed by the intersection of a
horizontal plane at average grade level and a vertical plane
that coincides with the exterior surface of the building on any
side.In case of a cantilevered section of a building,the vertical
plane will coincide with the most projected surface.
CELLAR — Any space in a building, partly below the fin-
ished grade level, which has more than one-half ('Y2) of its
height, measured from floor to ceiling, below the average
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§ 100-13 ZONING § 100-13
established curb level or finished grade of the land immediate-
ly adjacent to the building.
CERTIFICATE OF OCCUPANCY — A document issued by
a Town Building Inspector allowing the use and/or occupancy
of a building and/or land and certifying that the structure
and/or use of land and/or structures is in compliance with all
state and local codes, regulations and requirements.
CLUSTER — See "residential cluster."
CLUB, BEACH — A not-for-profit corporation, as defined in
§ 102 of the Not-For-Profit Corporation Law of the State of
New York, located contiguous to a bay or Long Island Sound
and established for the principal purpose of engaging in
swimming in the sound or the bays, but excluding any form of
aviation,motorboat racing or waterskiing on inland waterways
or similar hazardous sports.
CLUB, MEMBERSHIP OR COUNTRY or GOLF COURSE,
NONPROFIT — A not-for-profit corporation, as defined in
§ 102 of the Not-For-Profit Corporation Law of the State of
New York, established for the principal purpose of engaging
in outdoor sports, such as golf, tennis, swimming, fishing,
hunting or similar activities, but not including any form of
aviation, outdoor trap, skeet or target shooting or motorboat
racing. The activities of such a club shall be limited to its
members and their guests and shall not be extended to the
general public.
CLUB, YACHT — A not-for-profit corporation, as defined by
§ 102 of the Not-For-Profit Corporation Law of the State of
New York, established for the principal purpose of engaging
in recreational boating. The activities of such a "yacht club"
shall be limited to its members and their guests and shall not
be extended to the general public. The term"yacht club"shall
be deemed to include the term "marina" but shall not be
deemed to include the term "boatyard" except for the out-of-
water storage of members' boats.
COMMON OPEN SPACE — An open space area within or
related to a site designated as a development that is available
for the use of all residents or occupants thereof.
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§ 100-13 SOUTHOLD CODE § 100-13
CONDOMINIUM — A building or buildings, the dwelling
units of which are individually owned,each owner receiving a
deed enabling him to sell, mortgage or exchange his dwelling
unit independent of the owners of the other dwelling units in
the building or buildings.
COOPERATIVE — A type of resort or multiple residence in
which persons have an ownership interest in the entity which
owns the building or buildings and, in addition, a lease or
occupancy agreement which entitles them to occupy a
particular dwelling unit therein, regardless of whether, and in
what manner, the dwelling units are managed, leased or
otherwise made available for use by persons other than the
owners thereof.
COURT, INNER— An open space enclosed on all sides by
exterior walls of a building.
COURT,OUTER—An open space enclosed on three(3)sides
by exterior walls of a building.
COURT, DEPTH OF OUTER— The linear average dimen-
sion measured from the unenclosed side of the court to the
farthest wall thereof.
COURT,WIDTH OF OUTER—The linear dimension of the
unenclosed side of the court.
CUL-DE-SAC — The turnaround at the end of a dead-end
street.
CURB CUT—The opening along the curbline at which point
vehicles may enter or leave the roadway.
CURB LEVEL— The established elevation of the street
grade at the point that is opposite the center of the wall
nearest to and facing the street line.
CUSTOM WORKSHOP — A business premises used for the
making of clothing, millinery, shoes or other personal articles
to individual order or measure, for sale at retail on the
premises only and not including the manufacture of machin-
ery,vehicles,appliances and similar heavy goods and ready-to-
wear or standardized products.
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§ 100-13 ZONING § 100-13
DEDICATION —The conveyance of a fee or lesser interest in
property to public use, which precludes the owner or others
under him from asserting any right of ownership inconsistent
with the use for which the property is dedicated.
DWELLING, MULTIPLE — A building or portion thereof
containing three (3) or more dwelling units.
DWELLING,ONE-FAMILY —A detached building contain-
ing one (1) dwelling unit only.
DWELLING, ROW OR ATTACHED — A one-family dwell-
ing with two (2) common or party walls separating it from
adjacent units on both sides.
DWELLING, SEMIDETACHED — A one-family dwelling
with one (1) wall in common with an adjacent dwelling.
DWELLING,TWO-FAMILY —A detached building contain-
ing two (2) dwelling units only.
DWELLING UNIT — A building or entirely self-contained
portion thereof containing complete housekeeping facilities for
only one(1)family, including any domestic servants employed
on the premises, and having no enclosed space (other than
vestibules, entrance or other hallways or porches) or cooking
or sanitary facilities in common with any other "dwelling
unit." A house trailer, a boarding- or rooming house,
convalescent home, fraternity or sorority house, hotel, motel,
inn, lodging or nursing or other similar home or other similar
structure shall not be deemed to constitute a "dwelling unit."
EASEMENT — A grant of the use of land for specific pur-
poses
FAMILY — One (1) or more persons occupying a dwelling
unit as a single nonprofit housekeeping unit. More than five(5)
persons eighteen (18) years of age or older, exclusive of
domestic servants, not related by blood, marriage or adoption
shall not be considered a "family."
FARM — A site or series of adjoining parcels under single
ownership or management devoted to agricultural use.
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§ 100-13 SOUTHOLD CODE § 100-13
FARM BUILDINGS —All structures useful or necessary for
the conduct of agricultural activities, including but not limited
to barns, silos, mechanical equipment storage sheds, animal
pens or other shelters.
FENCE — A vertical enclosure, solid or partially open, to
prevent straying from within or intrusion from without or
intended to be used as a visual screen. A"fence" is considered
a structure for the purposes of this chapter.
FISH PROCESSING —The readying of fish and shellfish for
shipping to market, including icing, cleaning, filleting,
shucking and the cooking of crabs or lobster,but not including
other cooking,canning, freezing,smoking or other fish factory
operations.
FLOOD HAZARD AREA —Land in the floodplain subject to
a one-percent or greater chance of flooding in any given year.
FLOODPLAIN —The relatively flat area or low lands adjoin-
ing the channel of a river, stream, watercourse, canal or any
body of standing water which has been or may be covered by
floodwater.
FLOOR AREA —The sum of the gross horizontal areas of all
floors of the building or buildings on a lot, having a clear
height of not less than six(6)feet measured from the exterior
faces of exterior walls or from the center line of party walls
separating two (2) buildings, including cellar and basement
areas. The "floor area" shall not include roof overhangs
projecting less than three (3) feet or any floors or portions --
thereof contained on terraces or balconies projecting beyond
the exterior face of the building.
FLOOR AREA, LIVABLE — All spaces within the exterior
walls of a dwelling unit, exclusive of garages, breezeways,
unheated porches, cellars, heater rooms and approved
basements having a window area of less than ten percent(10%)
of the square foot area of the room. Usable floor area shall
include all spaces not otherwise excluded above, such as
principal rooms, utility rooms, bathrooms, all closets and
hallways opening directly into any rooms within the dwelling
unit.
10020 2-25-89
§ 100-13 ZONING § 100-13
FLOOR AREA RATIO — The floor area in square feet of all
buildings on a lot divided by the area of such lot in square feet.
FRONTAGE — The width of a lot at the street line.
GARAGE, PRIVATE — A building used as an accessory to
the main building for the storage of one(1)or more gasoline or
other power-driven vehicles owned and used by the owner or
tenant of the lot on which the garage is erected for the storage
of not exceeding two(2)additional vehicles(not trucks)owned
or used by others and in which no occupation, business or
service for profit is carried on without special permit.
GARAGE, PUBLIC — A building, other than a private ga-
rage, used for housing or care of gasoline or other power-
driven vehicles or where such vehicles are equipped for
operation, repaired or kept for remuneration, hire or sale.
GARAGE, REPAIR — A building, other than a private ga-
rage, used for adjustment, painting, replacement of parts or
other repair or restoration of motor vehicles or parts thereof,
whether or not accessory or incidental to another use.
GASOLINE SERVICE STATION — A structure and sur-
rounding land used for the storage and sale of petroleum fuel
primarily to motor vehicles and for accessory uses such as the
sale of lubricants, accessories or supplies, the incidental
washing of motor vehicles and the performing of minor
repairs within a building-, however, a service station is not a
repair garage or a body shop.
GREENHOUSE — A structure for growing plants.
GROUND FLOOR —The first floor of a building other than
a cellar or basement.
GUEST UNIT — A bedroom-sleeping accommodation for
transient guests, which may or may not include bathroom
facilities and shall be occupied by no more than two(2) adult
persons and be at least eighty (80) square feet in area.
HEIGHT OF BUILDING — The vertical distance measured
from the average elevation of the existing natural grade
adjacent to the building, before any alteration or fill, to the
10021 2-25-89
§ 100-13 SOUTHOLD CODE § 100-13
highest point of the roof for flat and mansard roofs and to the
mean height between eaves and ridge for other type roofs.
HISTORIC BUILDING — See "landmark designation."
HOME OCCUPATION —This shall'be understood to include
the professional office or stuido of a doctor, dentist, teacher,
artist, architect, engineer, musician, lawyer, magistrate or
practitioners of a similar character, or rooms used for "home
occupations," including home baking, millinery or similar
handicrafts, provided that the office, studio or occupational
rooms are located in a dwelling in which the practitioner
resides and provided further that no goods are publicly
displayed on the premises and no sign or advertisement is
shown other than a sign not larger than two(2)square feet in
total area,bearing only the name and occupation (words only)
of the practitioner.
HOMEOWNERS' OR HOMES ASSOCIATION — A com-
munity association, including a condominium association,
which is organized in a residential development in which
individual owners have a shared interest in the responsibility
for open space or facilities.
HOTEL OR MOTEL, RESORT — A building or group of
buildings, whether detached or in connected units, containing
individual guest units consisting of a room arranged or
designed to be available for use as sleeping quarters for
transients on a daily rental basis or for vacationers or other
persons on a weekly rental basis, provided that one (1) such
unit may connect directly with not more than one (1) other
such unit. Each unit shall have a door opening on the exterior
of the building or on a common hallway leading to the
exterior. A"resort motel" may include such accessory uses as
a beach cabana, private dock, dining room, restaurant or
swimming pool, conference and meeting facilities or an
accessory convenience shop, office or personal service facility,
provided that such facility or shop is located within the
building without any external sign or display and off-street
parking facilities. The term "resort motel" shall not be
construed to include"transient motel"or "mobile home park."
10022 2-25-89
§ 100-13 ZONING § 100-13
r
HOTEL OR MOTEL, TRANSIENT — A buildingor
group
of buildings, whether detached or in connected units,
containing individual guest units consisting of a room
arranged or designed to be available for use as sleeping and
living quarters for transients on a daily rental basis, provided
that one(1) such unit may connect directly with no more than
one (1) other such unit and that no cooking facilities shall be
available. Each such unit shall have a door opening on the
exterior of the building or on a common hallway leading to the
exterior. A "transient hotel or motel" may include such
accessory uses as an office, restaurant, accessory personal
services, swimming pool and off-street parking facilities. The
term "transient hotel or motel" shall not be construed to
include "resort motel" or "mobile home park," nor shall it be
deemed to include any dwelling unit except that of the owner
or manager.
JUNKYARD — Land occupied or to be occupied for storage
of old wood, paper, cloth or metal, including old automobiles,
trucks, equipment, machinery, fixtures and appliances not
usable as originally designed,and also including any portion of
such old automobiles,trucks,equipment or machinery as may
be sold as and for junk or salvage. The existence on any
residential lot of three(3)or more unregistered automobiles or
trucks not housed within a building shall be deemed to be a
"junkyard."Public sanitary landfills and the structures located
thereon shall not be included in this definition.'
LANDMARK DESIGNATION —The designation of a build-
ing or structure of architectural or historic significance to the
town through listing the property in the town's Register of
Designated Landmarks and filing a copy of the entry in the
Town Clerk's office.
LANDSCAPING — An area of land restricted to landscape
items which may also include such elements as natural
features, earth berms, sculpture, signs, lighting, accessways,
bikeways and pedestrianways.
LIGHT INDUSTRY — An activity which involves the fabri-
cation, reshaping, reworking, assembly or combining of
' Editor's Note: See also Ch.54,Junkyards.
10023 2-25-89
§ 100-13 SOUTHOLD CODE § 100-13
products from previously prepared materials and which does
not involve the synthesis of chemical or chemical products
other than for pharmaceutical or research purposes or the
processing of any raw materials, except agricultural raw
materials."Light industry"includes industrial operations such
as electronic, machine parts and small component assembly,
as oppposed to heavy industrial operations such as automobile
assembly or milling activities.
LOADING BERTH — A space at least fifteen (15) feet wide
and forty-five (45) feet long, having a minimum fourteen-foot
vertical clearance for loading and unloading vehicles. No such
space required by this chapter or depicted on any site plan
shall constitute a parking space.
LOT — Any parcel of land, not necessarily coincident with a
lot or lots shown on a map of record, which is occupied or
which is to be occupied by a building and its accessory
buildings, if any, or by a group of buildings accessory thereto,
if any, together with the required open spaces appurtenant to
such buildings or group of buildings.
LOT AREA —The area of a lot taken at its perimeter,exclu-
sive of any portion within a public or private street right-of-
way.
LOT,CORNER—A lot at the junction of and abutting on two
(2) or more intersecting streets where the interior angle of
intersection does not exceed one hundred thirty-five degrees
(135°). A lot abutting a curved street shall be deemed a
"corner lot" if the tangents to the curve at the points of `
intersection of the side lot lines with the street lines intersect at
an interior angle of less than one hundred thirty-five degrees
(135°).
IAT COVERAGE — That percentage of the lot area covered
by the building area
IAT DEPTH — The minimum distance from the street line
of the lot to the rear lot line of such lot.
LOT,INTERIOR—A lot other than a corner lot or a through
lot.
10024 2-25-89
§ 100-13 ZONING § 100-13
LOT LINE — Any boundary of a lot other than a street line.
LOT LINE, FRONT — The lot line separating a lot from a
street right-of-way; also referred to as "street line."
LOT LINE, REAR — The lot line generally opposite to the
street line; if the "rear lot line" is less than ten (10) feet in
length, or if the lot comes to a point in the rear, the "rear lot
line" shall be deemed to be a line, not less than ten (10) feet
long, lying farthest from the front lot line and parallel to the
front lot line.
LOT LINE, SIDE —.Any lot line other than a front or rear lot
line.
LOT, REAR OR FLAG —A lot located in such a position that
it is to the rear of some other lot fronting on the same street
and served by means of an accessway.
LOT, THROUGH — A lot which fronts upon two (2) streets
which do not intersect at the boundaries of the lot.
LOT WIDTH — The average distance between side lot lines,
taken at the front yard or setback line and measured at right
angles to the side lot lines or along a line parallel to the street.
LOWER- AND MODERATE-COST HOUSING— Housing
which is constructed and kept available for families or
individuals with low or moderate income, including senior
citizens, as defined by the Town Board.
MAIN FLOOR—The largest area found by the projection of
a horizontal plane through the livable floor area which is
enclosed by the exterior walls of the building.
MANUFACTURING — Any process whereby the nature,
size or shape of articles or raw materials is changed,or where
articles are assembled or packaged.
MARINA or BOAT BASIN — Any premises containing one
(1) or more piers, wharves, docks, moorings, bulkheads,
buildings, slips, basins or land under water, designed, used or
intended to be used primarily for the docking or mooring of
boats, for or without compensation.
10025 2-25-89
§ 100-13 SOUTHOLD CODE § 100-13
MASTER PLAN —A plan for the controlled development of
all or portions of the Town of Southold, the protection of
environmentally sensitive areas. the enhancement of fishing
and shellfishing,healthy recreation areas and facilities and the
protection of the underground water supply; the plan to be
prepared by the Planning Board pursuant to § 272-a of the
Town Law, which plan indicates the general locations of
physical development within the town and includes any unit or
part of such plan separately adopted and any amendment to
such plan or parts therein.
MEAN HIGH WATER (MHW) — Average height of high
water datum reported by the United States Geological Survey.
MOTEL, RESORT — See "hotel or motel, resort."
MOTEL, TRANSIENT — See "hotel or motel, transient."
NONCONFORMING BUILDING OR STRUCTURE — A
building or structure legally existing on the effective date of
this chapter or any applicable amendment thereto but which
fails, by reason of such adoption, revision or amendment, to
conform to the present district regulations for any prescribed
structure or building requirement, such as front, side or rear
yards, building height,building areas or lot coverage, lot area
per dwelling unit, dwelling units per building, number of
parking and loading spaces, etc., but which is continuously
maintained after the effective date of these regulations.
NONCONFORMING LOT— A lot the area or dimension of
which was lawful prior to the adoption,revision or amendment
of this chapter but which fails to conform to the requirements `
of the zoning district in which it is located by reason of such
adoption, revision or amendment.
NONCONFORMING USE — A use, whether of a building,
sign or tract of land, or combination of these, legally existing
on the effective date of this chapter,which does not conform to
the present use regulations of the district in which it is located
but which is continuously maintained after the effective date of
these regulations.
NURSERY SCHOOL — A building or buildings, together
with any accessory uses, buildings or structures, used as an
10026 2-25-89
§ 100-13 ZONING § 100-13
• organized instructional facility for five (5) or more enrolled
children under six (6) years of age other than the children of
the resident family and not furnishing sleeping facilities
except to the resident family.
OFF-STREET PARKING SPACE — A space for the park-
ing of one(1)motor vehicle within a public or private parking
area, but not within a public street.
OPEN SPACE — Any parcel or area of land or water essen-
tially unimproved and set aside, dedicated, designated or
reserved for public or private use or enjoyment or for the use
and enjoyment of owners and occupants of land adjoining or
neighboring such open space, provided that such areas may be
improved with only those buildings,structures,streets and off-
street parking and other improvements that are designed to be
incidental to the natural openness of the land.
OUTDOOR STORAGE — The keeping, in an unroofed area,
of any goods, junk, material, merchandise or vehicles in the
same place for more than twenty-four (24) hours.
OWNER—Includes the duly authorized agent,attorney,pur-
chaser,devisee,fiduciary or any other person having vested or
contingent interest in the property in question.
PARKING LOT — An off-street, ground level area, surfaced
and improved for the temporary storage of motor vehicles.
PARTIAL SELF-SERVICE GASOLINE SERVICE STA-
TION —A gasoline service station primarily for the servicing
of motor vehicles and the dispensing of gasoline by means of a
qualified attendant controlling an approved console regulating
the flow of gasoline into fixed and approved dispensing
equipment thereafter to be operated by the customer at one(1)
set of pumps on one (1) pump island and by a qualified
attendant operating dispensing equipment at all other pump
islands.
PERFORMANCE GUARANTY — Any security which may
be accepted by the town as a guarantee that improvements
required as part of an application for development are
satisfactorily completed.
10027 2-25-89
r
§ 100-13 SOUTHOLD CODE § 100-13
PERSON — Any association, partnership, corporation, coop- r
erative group, trust or other entity, as well as an individual.
PLANNING BOARD — The Planning Board of the Town of
Southold.
PLAT — The map of a subdivision.
PRINCIPAL BUILDING —A building in which is conducted
the main or principal use of the lot on which said building is
located.
PRINCIPAL USE — The main or primary purpose or pur-
poses for which land and/or structure(s)is designed,arranged,
used or intended to be used or for which such land and/or
structure(s) may be occupied or maintained under this
chapter.
PROFESSIONAL OFFICE — The office of a member of a
recognized profession or occupation, including architects,
artists, authors, dentists, doctors, lawyers, ministers, musi-
cians, optometrists, engineers and such other similar profes-
sions or occupations which may be so designated by the Board
of Appeals.
PUBLIC WATER PUBLIC SEWER — Communal sewage
disposal systems and communal water supply systems as
approved by public agencies having jurisdiction thereof.
RECREATION FACILITY, COMMERCIAL—An indoor or
outdoor privately operated business involving playing fields,
courts, arenas or halls designed to accommodate sports and
recreational activities, such as billiards, bowling, dance halls,
gymnasiums, health spas, skating rinks, shooting ranges,
tennis courts and swimming pools.
RECREATIONAL VEHICLE — A vehicular-type portable
structure,without permanent foundation, which can be towed,
hauled or driven and primarily designed as temporary living
accommodation for recreational, camping and travel use, and
including but not limited to travel trailer, truck campers,
camping trailers and self-propelled motor homes.
RESEARCH LABORATORY— A building for experimenta-
tion in pure or applied research, design, development and
10028 2-25-89
§ 100-13 ZONING § 100-13
production of prototype machines or devices or of new
products, and uses accessory thereto,wherein products are not
manufactured for wholesale or retail sale, wherein commercial
servicing or repair of commercial products is not performed
and where there is no display of any materials or products.
RESIDENTIAL CLUSTER — An area to be developed as a
single entity according to a plan, containing residential
housing units and having a common or public open space.
RESTAURANT — Any premises where food is commercially
sold for on-premises consumption to patrons seated at tables or
counters. Any facility making use of carhop or parking lot
service to cars or for the consumption of food to be eaten in
said cars or outdoors shall not be considered a"restaurant"for
the purpose of this chapter and shall be deemed to be a"drive-
in or fast-food restaurant."
RESTAURANT, DRIVE-IN OR FAST FOOD — Any estab-
lishment whose principal business is the sale of foods, frozen
desserts or beverages to the customer in a ready-to-consume
state, usually served in paper, plastic or other disposal
containers, for consumption within the restaurant building,
elsewhere on the premises or for carryout for consumption off
the premises.
RETAIL STORE — An enclosed structure where goods are
offered for sale to the public as take-out items, inluding
hardware,drugs,food and beverages,furnishings,apparel and
similar products. Minor repair services within the establish-
ment may be undertaken as part of product sales.
RIGHT-OF-WAY LINES — The boundary lines of land used
or intended for use as streets, as shown on deeds, plats or the
Master Plan, and from which yard and other requirements
shall be measured.
ROADSIDE FARM STAND or AGRICULTURAL
STAND — A booth, stall or display area exceeding fifty (50)
square feet in area located on a farm from which agricultural
products are sold to the general public.
SEPTIC TANK — A watertight receptacle that receives the
discharge of sewage from a building, sewer or part thereof
10029 2-25-89
§ 100-13 SOUTHOLD CODE § 100-13
and is designed and constructed so as to permit settling of
solids, digestion of the organic matter and discharge of the
liquid portion into a disposal area.
SETBACK — An area extending the full width of the lot, de-
scribed or a distance between the street right-of-way and
building for the full required front yard depth within which no
buildings or parts of buildings may be erected.
SIGN —Any structure or part thereof,or any device attached
to a building or painted or represented thereon, which shall
display or include any letter, word, model, banner, pennant,
insignia, device, trade flag or representation which is in the
nature of, or which is used as, an announcement, direction or
advertisement,for commercial purposes or otherwise.A"sign"
includes a billboard and a neon tube,string of lights or similar
device outlining or hung upon any part of a building or lot,but
does not include the flag or insignia of any nation or group of
nations or of any governmental agency or of any political,
educational, charitable, philanthropic, civic, professional,
religious or like campaign, drive, movement or event.
Excluded from this definition are "signs" which are solely
devoted to prohibiting trespassing, hunting or fishing.
SIGN AREA — Includes all faces of a sign, measured as fol-
lows:
(1) When such sign is on a plate or framed or outlined, all of
the area of such plate or the area enclosed by such frame
or outline shall be included.
(2) When such sign c:onsits only of letters, designs or figures
engraved, painted, projected or in any manner affixed on
a wall, the total area of such sign shall be deemed the
area within which all of the matter of which such sign
consists may be enscribed.
SITE PLAN —A development plan for one(1)or more lots on
which is shown:
(1) The existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation,
drainage, floodplain, marshes and waterways.
10030 2-25-89
§ 104-13 ZONING § 100-13
(2) The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping,
structures and signs, lighting and screening devices.
(3) Any other information that may be reasonably required
in order to make an informed determination pursuant to
this chapter for the review and approval of site plans by
the Planning Board.
SPECIAL EXCEPTION USE —A use that is deemed appro-
priate in a particular district if specified conditions are met.
STORY — That part of any building, exclusive of cellars but
inclusive of basements, comprised between the level of one
finished floor and the level of the next higher finished floor or,
if there is no higher finished floor, then that part of the
building comprised between the level of the highest finished
floor and the top of the roof beams.
STORY, HALF —Any space,with a minimum clear height of
five(5)feet, partially within the roof framing where the clear
height of not more than fifty percent (50%) of such space
between the top of the floor beams and the structural ceiling
level is seven (7) feet six (6) inches or more.
STREET —A street, improved to the satisfaction of the Plan-
ning Board, which is one (1) of the following-
(1)
ollowing(1) An existing town, county or state highway or street.
(2) A street shown on an approved subdivision final plat.
(3) A street shown on a map filed with the County Clerk(in
accordance with § 280-a of the Town Law) prior to
Planning Board authorization to review subdivisions.2
(4) A street shown on the Town Official Map.
STREET LINE —The dividing line between a lot and a street.
STRUCTURAL ALTERATION — Any change in the sup-
porting members of a building, such as beams, columns,
girders, footings, foundations or bearing walls.
2 Editor's Note: See also Ch.A106.Subdivision of Land.
10031 2-25-89
§ 100-13 SOUTHOLD CODE § 100-13
SWIMMING POOL — A structure containing an artificial
body of water which is greater than six (6) feet long or wide
and greater than eighteen (18) inches in depth at any point.
Natural or man-made ponds all banks of which have a slope of
less than forty-five degrees (45°) shall not be included in this
definition.
TOURIST CAMP —Any lot, piece or parcel of ground where
two(2)or more tents,tent houses,camp cottages,house cars or
house trailers used as living or sleeping quarters are or may
be located, said camp being operated for or without
compensation.3
TOURIST COTTAGE — A detached building having less
than three hundred fifty (350) square feet of cross-sectional
area, designed for or occupied as living and sleeping quarters
for seasonal occupancy.
TOWN BOARD —The Town Board of the Town of Southold.
TOWNHOUSE —A dwelling unit in a building containing at
least three (3) connected dwelling units divided by common
vertical party walls with private entrances to each dwelling.A
"townhouse" may include dwelling units owned in fee simple
or in condominium or cooperative ownership or any combina-
tion thereof.
TRAILER OR MOBILE HOME — Any vehicle mounted on
wheels,movable either by its own power or by being drawn by
another vehicle and equipped to be used for living or sleeping t
quarters or so as to permit cooking. The term "trailer" shall
include such vehicles if mounted on temporary or permanent
foundations with the wheels removed and shall include the
terms "automobile trailer" and "house car."
USABLE OPEN SPACE — An unenclosed portion of the
ground of a lot which is not devoted to driveways or parking
spaces, which is free of structures of any kind, of which not
more than twenty-five percent (25%) is roofed for shelter
purposes only, the minimum dimension of which is forty (40)
feet and which is available and accessible to all occupants of
s Editors Note: See also Ch.88.Tourist and Mrailer Camps.
10032 2-25-89
§�100-13 ZONING § 100-13
the building or buildings on the said lot for purposes of active
or passive outdoor recreation.
USE — The purpose for which land or a structure is ar-
ranged, designed or intended or for which either land or a
structure is or may be used, occupied or maintained.
USE, ACCESSORY — A use customarily'incidental and sub-
ordinate to the main use on a lot,whether such"accessory use"
is conducted in a principal or accessory building.
YARD — An open space, other than a court, on the same lot
with a building which is,exclusive of trees,shrubs and natural
rock formations, unoccupied and unobstructed from the
ground upward.
YARD, FRONT— An unoccupied ground area open to the
sky between the street line, or between the street line
established by the Official Map of the town or an approved
subdivision plat, and a line drawn parallel thereto.
YARD LINE —A line drawn parallel to a street or lot line at
a distance therefrom equal to the respective yard dimension
required by this chapter.
YARD, REAR — An unoccupied ground area fully open to
the sky between the rear lot line and a line drawn parallel
thereto.
YARD, SIDE — An unoccupied ground area fully open to the
sky between any property line other than a street or rear lot
line and a line drawn parallel thereto between the front and
rear yards.
ZONE —A finite area of land,as designated by its boundaries
on the Zoning Map, throughout which specific and uniform
regulations govern the use of land and/or the location,size and
use of buildings.
ZONING BOARD — See "Board of Appeals."
ZONING MAP —The map annexed to and made part of this
chapter indicating zone boundaries.
10033 2-25-89
§ 100-20 SOUTHOLD CODE § 100-21
ARTICLE II
Districts
§ 100-20. District designations.[Amended 7-31-73;7-1-86 by L.L..
No. 6-1986; 1-10-89 by L.L. No. 1-1989]
For the purpose of this chapter, the Town of Southold,outside of the
incorporated Village of Greenport, is hereby divided into districts
designated as follows:
A-C Agricultural-Conservation District(two-acre minimum)
R-80 Residential Low-Density District(two-acre minimum)
R-40 Residential Low-Density District(one-acre minimum)
R-120 Residential Low-Density District (three-acre minimum)
R-200 Residential Low-Density District(five-acre minimum)
R-400 Residential Low-Density District (ten-acre minimum)
HD Hamlet Density Residential District
AHD Affordable Housing District
RR Resort Residential District
RO Residential Office District
HB Hamlet Business District
LB Limited Business District
B General Business District
MB Marine Business District
LIO Light Industrial Park/Planned Office Park District
LI Light Industrial District
§ 100-21. Zoning Map. [Amended 1-10-89 by L..L. No. 1-1989]
The boundaries of the said districts are hereby established as shown
on the Zoning Map, dated January 10, 1989, which accompanies this
chapter and which, with all explanatory matter thereon, is hereby
adopted and made a part of and incorporated into this chapter. Said
map, indicating the latest amendments, shall be kept up-to-date, and
a copy thereof shall be kept in the office of the Building Inspector for
the use and benefit of the public.
10034 2-25-89
§ 100-22 ZONING § 100-22
§ 100-22. District boundaries.
In determining the boundaries of districts shown on the Zoning
Map, the following rules shall apply:
A. Where district boundaries are indicated as approximately
following the center lines of streets, highways, waterways or
railroad rights-of-way, or such lines extended, such center
lines shall be construed to be such boundaries.
B. Where such boundaries are indicated as approximately
following the property lines of parks or other publicly owned
lands, such lines shall be construed to be such boundaries.
C. Unless otherwise shown, all district boundaries running
parallel to streets shall be construed to be two hundred (200)
feet back from the rights-of--way of said streets.
D. In all cases where a district boundary divides a lot in one(1)
ownership and more than fifty percent (50%) of the area of
such lot lies in the less restricted district, the regulations
prescribed by this chapter for the less restricted district shall
apply to such portion of the more restricted portion of said lot
which lies within thirty (30) feet of such district boundary.
For the purposes of this subsection, the "more restricted
district" shall be deemed that district subject to regulations
which:
(1) Prohibit the use intended to be made of said lot; or
(2) Require higher standards with respect to coverage,yards,
screening, landscaping and similar requirements.
E. In all cases.where a district boundary line is located not more
than fifteen (15) feet from a lot line of record, such boundary
line shall be construed to coincide with such lot line.
F. In all other cases where dimensions are not shown on the map,
the location of boundaries shown on the map shall be
determined by the use of the scale appearing thereon.
G. Unless shown on the Zoning Map, all tidal lands and lands
under water shall be deemed to be within the use district to
which they are contiguous.
10035 2-25-89
§ 100-23 SOUTHOLD CODE § 100-23
§ 100-23. Effect of establishment of districts.
Following the effective date of this chapter:
A. No building shall be erected, moved, altered, rebuilt or
enlarged, nor shall any land or building be used, designed or
arranged to be used for any purpose or in any manner,except
in conformity with all regulations, requirements and restric-
tions specified in this chapter for the district in which such
building or land is located.
B. No yard or open space required in connection with any
building or use shall be considered as providing a required
open space for any other building on the same or any other lot.
C. No lot shall be formed from part of a lot already occupied by
a building unless such building, all yards and open spaces
connected therewith and the remaining lot comply with all
requirements prescribed by this chapter for the district in
which said lot is located.No building permit shall be issued for
the erection of a building on any new lot thus created unless
such building and lot comply with all the provisions of this
chapter.
D. Nothing contained in this chapter shall require any change in
the plans, construction or designated use of a building
complying with the Zoning Ordinance in force prior to this
chapter if the following is found to exist:
(1) A building permit shall have been duly issued and
construction shall have been started before the effective
date of this chapter. y
(2) The ground story framework(including the second tier of
beams)shall have been completed within six(6)months of
the date of the building permit.
(3) The entire building shall have been completed in
accordance with such plans as have been filed with the
Building Inspector within one (1)year from the effective
date of this chapter.
E. Any use not permitted by this chapter shall be deemed to be
prohibited. Any list of prohibited uses contained in any section
of this chapter shall be deemed to be not an exhaustive list but
10036 2-25-89
-
§ 100-23 ZONING § 100-30
to have been included for the purposes of clarity and emphasis.
[Amended 1-10-89 by L.L. No. 1-19891
V. Notwithstanding the limitations imposed by any other
provisions of this chapter, no building, dredging or filling
operation shall be permitted below the datum of mean high
water of tidal waters unless such building, dredging or filling
operations have been duly authorized and are conducted in
conformity with all laws, ordinances, rules and regulations of
all governmental agencies having jurisdiction thereof.'
ARTICLE III
Agricultural-Conservation (A-C) District
and Low-Density Residential R-80, R-120,
R-200 and R-400 Districts
[Last amended 1-10-89 by L.L. No. 1-19891
§ 100-30. Purpose.
The purpose of the Agricultural-Conservation(A-C)District and the
Low-Density Residential R-80, R-120, R-200 and R400 Districts is to
reasonably control and, to the extent possible,prevent the unnecessary
loss of those currently open lands within the town containing large
and contiguous areas of prime agricultural soils which are the basis
for a significant portion of the town's economy and those areas with
sensitive environmental features, including aquifer recharge areas
and bluffs. In addition, these areas provide the open rural environ-
ment so highly valued by year-round residents and those persons who
support the Town of Southold's recreation, resort and second-home
economy. The economic, social and aesthetic benefits which can be
obtained for all citizens by limiting loss of such areas are well
documented and have inspired a host of governmental programs
designed, with varying degrees of success, to achieve this result. For
its part, the town is expending large sums of money to protect
existing farm acreage. At the same time, the town has an obligation
to exercise its authority to reasonably regulate the subdivision and
development of this land to further the same purposes while honoring
the legitimate interests of farmers and other farmland owners.
Editors Note: See also Ch.32. Boats. Docks and Wharves,and Ch.97.Wetlands.
10037 2-25-89
§ 100-31 SOUTHOLD CODE § 100-31
§ 100-31. Use regulations.
In the A-C District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part,for any
uses except the following:
A. Permitted uses.
(1) One-family detached dwellings, not to exceed one
(Dwelling on each lot.
(2) The following commercial agricultural operations and
accessory uses thereto, including irrigation, provided that
there shall be no storage of manure, fertilizer or other
odor-or dust-producing substance or use,except spraying
and dusting to protect vegetation, within one hundred
fifty (150) feet of any lot line:
(a) The raising of field and garden crops, vineyard and
orchard farming, the maintenance of nurseries and
the seasonal sale of products grown on the premises,
subject to the following special requirements:
[1] All buildings for display and retail sales of
agricultural and nursery products grown on the
premises shall not exceed one thousand (1,000)
square feet in floor area or one (1) story in
height. Display of produce at a roadside farm
stand shall be not less than ten(10)feet from all
street and lot lines.Any roadside farm stand in
excess of fifty(50)square feet in floor area shall
be set back twenty(20)feet from the street line.
Any stand in existence at the effective date of
this chapter must, within one (1) year,-comply
with all of the provisions hereof.
[2] All signs shall conform to the provisions of
§ 100-31C(9).
[3] Off-street parking as required in the Parking
Schedules shall be provided and shall be
approved by the Planning Board. Any roadside
Editor's Note: See§ 100-191A for the Parking Schedule.
10038 2-25-89
§ 100-31 ZONING § 100-31
• stand in existence on the effective date of this
subsection must, within one (1)year from such
date, comply with the provisions hereof.
(b) The keeping, breeding, raising and training of
horses,domestic animals and fowl(except ducks)6 on
lots of ten (10) acres or more.
(c) Barns, storage buildings, greenhouses (including
plastic covered) and other related structures,
provided that such buildings shall conform to the
yard requirements for principal buildings.
(3) Buildings, structures and uses owned or operated by the
Town of Southold, school districts, park districts and fire
districts.
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided, and,except for the
uses set forth in Subsection B(15) hereof, are subject to site
plan approval by the Planning Board:
(1) Two-family dwellings not to exceed one (1)such dwelling
on each lot.
(2) Places of worship, including parish houses(but excluding
a rectory or parsonage, which shall conform to the
requirements for a one-family dwelling), subject to the
following requirements:
(a) No building or part thereof shall be erected nearer
than fifty(50)feet to any street line and nearer than
twenty(20) feet to any lot line.
(b) The total area covered by all principal and accessory
buildings shall not exceed twenty percent (20%) of
the area of the lot.
(3) Private elementary or high schools, colleges and other
educational institutions, subject to the following require-
ments:
6 Editor's Note: See also Ch.41,Ducks.
10039 2-25-89
§ 100-31 SOUTHOLD CODE § 100-31
(a) No building shall be less than fifty(50)feet from any
street or lot line.
(b) The total area occupied by all principal and
accessory buildings shall not exceed twenty percent
(20%) of the area of the lot.
(c) Any school shall be a nonprofit organization within
the meaning of the Internal Revenue Act and shall
be registered effectively thereunder as such.
(d) Any such school shall occupy a lot with an area of
not less than five(5) acres plus one (1) acre for each
twenty-five (25) pupils for which the building is
designed.
(4) Nursery schools.
(5) Philanthropic, eleemosynary or religious institutions,
hospitals, nursing and rest homes or sanatoriums for
general medical care, but excluding facilities for the
treatment of all types of drug addiction, subject to the
following requirements:
(a) No building or part thereof or any parking or
loading area shall be located within one hundred
(100) feet of any street line nor within fifty(50) feet
of any lot line.
(b) The total area covered by principal and accessory
buildings shall not exceed twenty percent (20%) of
the area of the lot.
(c) The maximum height shall be thirty-five(35)feet or
two and one-half(2Y2) stories.
(d) The entire lot, except areas occupied by buildings or
parking or loading areas, shall be suitably land-
scaped and properly maintained.
(e) Sufficient exterior illumination of the site shall be
required to provide convenience and safety. All such
illumination shall be shielded from the view of all
surrounding streets and lots.
10040 2-25-89
§ 100-31 ZONING § 100-:31
(f) Any nursing home, hospital or sanatorium shall
meet the following standards:
[1] All buildings shall be of fire-resistive construc-
tion.
[2] All such uses shall be served by adequate water
and sewer systems approved by the Suffolk
County Department of Health.
[3] Patients suffering from communicable diseases
shall not be permitted in any nursing home or
sanatorium. (Communicable diseases are de-
fined by the Sanitary Code of the Public Health
Council of the State of New York.)
[4] Eight thousand (8,000) square feet of lot area
shall be provided for each patient bed.
(6) Public utility rights-of-way as well as structures and
other installations necessary to serve areas within the
town, subject to such conditions as the Board of Appeals
may impose in order to protect and promote the health,
safety,appearance and general welfare of the community
and the character of the neighborhood in which the
proposed structure is to be constructed.
(7) Beach clubs, tennis clubs, country clubs, golf clubs,
public golf courses and annual membership clubs
catering exclusively to members and their guests and
accessory playgrounds, beaches, swimming pools, tennis
courts, recreational buildings and maintenance buildings,
subject to the following requirements:
(a) No building or part thereof or any parking or
loading area shall be located within one hundred
(100)feet of any street line or within fifty(50)feet of
any lot line.
(b) The total area covered by principal and accessory
buildings shall not exceed twenty percent (20°x) of
the area of the lot.
(c) Such use shall not be conducted for profit as a
business enterprise.
10041 2 -25-,cs
§ 10(Jat SOUTHOLD CODE § 100-31
(d) No such use shall occupy a lot with an area of less
than three (3) acres.
(e) The direct source of all exterior lighting shall be
shielded from the view of surrounding residential
lots.
(8) Children's recreation camps organized primarily for
seasonal use and subject to the following requirements:
(a) No building, tent, activity area or recreation facility
shall be less than two hundred(200)feet from any lot
line, and any such building, tent, activity area or
recreation facility shall be effectively screened
therefrom as required by the Planning Board.
Buildings intended for use as sleeping quarters shall
be not less than thirty (30) feet from each other,
except tents,which shall be not less than ten(10)feet
apart.
(b) The minimum lot area shall be not less than ten
thousand (10,000) square feet for each cottage, tent
or other principal building and not less than three
thousand (3,000) square feet of land area shall be
provided for each person accommodated in the
buildings or tents on the premises.
(c) All outdoor lighting shall be arranged and/or
shielded to eliminate the glare of lights toward
nearby residential lots, streets or other public u M
facilities.
(d) The sound level of all outdoor public-address systems
shall not exceed the intensity tolerable in a residen-
tial neighborhood.
(9) Farm labor camps,subject to the following requirements:
(a) All farm labor camps on farms shall be construed in
conformance with applicable laws and shall not be
located nearer to any other residence than the
residence of the employer, except by specific review
and approval of the Planning Board.
10042 2-25-89 _
§ lU0 31 ZONING § 100-31
(10) Veterinarian's offices and animal hospitals. subject to the
following requirements:
(a) The housing of all animals shall be in a fully
enclosed structure, if nearer than one hundred fifty
(150) feet to any lot line.
(11) Cemeteries.
(12) Stables and riding academies.
(13) Wineries for the production and sale of wine produced
from grapes grown in the vineyards on which such
winery is located.
(14) One (1) accessory apartment in an existing one-family
dwelling, subject to the following requirements:
(a) The accessory apartment shall be located in the
principal building.
(b) The owner of the existing dwelling shall occupy one
(1) of the dwelling units as the owner's principal
residence.The other dwelling unit shall be leased for
year-round occupancy, evidenced by a written lease
for a term of one (1) or more years.
(c) The existing one-family dwelling shall contain not
less than one thousand six hundred (1,600) square
feet of livable floor area_
(d) The accessory apartment shall contain not less than
four hundred fifty (450) square feet of livable floor
area.
(e) The accessory apartment shall not exceed forty
percent(40%)of the livable floor area of the existing
dwelling unit.
(f) A minimum of three (3) off-street parking spaces
shall be provided.
(g) Not more than one (1) accessory apartment shall be
permitted on a lot.
10043 2-25-89
§ 100 al SOUTHOLD CODE § 100-31
(h) The accessory apartment shall meet the require-
ments of a dwelling unit as defined in § 100-13
hereof.
(i) The exterior entry to the accessory apartment shall,
to the maximum extent possible, retain the existing
exterior appearance of a one-family dwelling.
(j) All exterior alterations to the existing building,
except for access to the apartment, shall be made on
the existing foundation.
(k) The certificate of occupancy shall terminate upon
the transfer of title by the owner or upon the owner
ceasing to occupy one(1)of the dwelling units as the
owner's principal residence. In the event of an
owner's demise, the occupant of an accessory
apartment may continue in occupancy until a new
owner shall occupy the balance of the dwelling or
one (1) year from date of said demise, whichever
shall first occur.
(1) All conversions shall be subject to the inspection of
the Building Inspector and renewal of the certificate
of occupancy annually.
(m) The building which is converted to permit an
accessory apartment shall be in existence and have a
valid certificate of occupancy issued prior to
January 1, 1984.
(n) The existing building, together with the accessory
apartment, shall comply with all other requirements
of Chapter 100 of the Town Code of the Town of
Southold.
(o) Notwithstanding the provisions of§ 100-31B hereof,
no site plan approval by the Planning Board shall be
required for the establishment of an accessory
apartment.
(p) Approval by the Suffolk County Department of
Health Services of the water supply and sewage
disposal systems shall be required.
10044 2- -89
§ 100-31 ZONING § 100-31
(15) The renting of not more than three(3)rooms in an owner-
occupied dwelling for lodging and serving of breakfast to
not more than six _(6) casual and transient roomers,
provided that the renting of such rooms for such purpose
is clearly incidental and subordinate to the principal use
of the dwelling, subject to the following requirements:
(a) Adequate off-street parking spaces shall be provided
for such rented rooms in addition to parking spaces
for the use of the family of the owner.
C. Accessory uses, limited to the following uses and subject to the
conditions listed in § 100-33 herein:
(1) Any customary structures or uses which are customarily
incidental to the principal use, except those prohibited by
this chapter.
(2) Home occupations, including professional offices, pro-
vided that:
(a) No display of goods is visible from the street.
(b) Such occupation is incidental to the residential use of
the premises and is carried on in the main building
by the resident therein with not more than one (1)
nonresident assistant.
(c) Such occupation is carried on in an area not to
exceed twenty-five percent (251/6) of the area of all
floors of the main building, and in no event shall
such use occupy more than five hundred(500)square
feet of floor area
f (d) There shall be no exterior effect at the property line,
such as noise, traffic, odor, dust, smoke, gas, fumes
or radiation.
(e) Studios where dancing or music instruction is
offered to groups in excess of five(5)pupils at one(1)
time or where concerts or recitals are held are
prohibited.
(f) In no manner shall the appearance of the building
he altered nor shall the occupation within the
10045 2-.,,,-by
§ 100-31 SOUTHOLD CODE § 100-31
residence be conducted in a manner that would
cause the premises to lose its residential character,
either by the use of colors, materials,construction or
lighting. No display of products shall be visible from
the street, and no stock-in-trade shall be kept on the
premises.
(g) Home occupations shall in no event be deemed to
include animal hospitals, kennels, barbershops,
beauty parlors, clinics or hospitals, mortuaries,
nursery schools, clubs, auto repair shops, restau-
rants, tourist homes, rooming houses or boarding-
houses and uses similar to those listed above.
(3) Boat docking facilities for the docking, mooring or
accommodation of noncommercial boats, subject to the
following requirements:
(a) There shall be docking or mooring facilities for no
more than two(2) boats other than those owned and
used by the owner of the premises for his personal
use.
(b) The Town Trustees shall approve new boat docking
facilities.
(c) Boats at such docking facilities shall not be used for
overnight sleeping purposes.
(4) Garden house, toolhouse, storage building, playhouse,
wading pool,swimming pool or tennis court incidental to
the residential use of the premises and not operated for i
gain, subject to the following requirements: 1
(a) Any swimming pool shall be completely enclosed
with a permanent chain link (or similar type) fence ;
of not more than two-inch mesh,not less than four(4)
feet in height, erected, maintained and provided
with a self-closing, self-latching gate to prevent r
unauthorized use of the pool and to prevent acci-
dents.However,if said pool is located more than four
(4) feet above the ground, then a fence is not o
required, provided that all points of access to said r
pool are adequately protected by a self-closing, self-
10046 2-25-89 ;g
§ 100-31 ZONING § 100-31
latching gate. Any swimming pool in existence at the
effective date of the provisions of this subsection
shall, within one (1) year from such date. comply
with all of the provisions hereof.
(b) Individual outdoor tennis court related to residential
use on. a lot containing a single-family detached
dwelling, provided that the same is set back not less
than six(6)feet from all lot lines and that there is no
lighting for after dark use.
(5) Private garages; provided, however, that not more than
two(2) passenger automobile spaces in such garages may
be leased to persons not resident on the premises.
(6) Off-street parking spaces accessory to uses on the
premises. Not more than four (4) off-street parking
spaces shall be permitted within the minimum front
yard.
(7) The storage of either a boat or travel trailer owned and
used by the owner or occupant of the premises on which
such boat or travel trailer is stored, for his personal use,
subject to§ 100-191Q, Supplemental parking regulations,
and the following requirements:
(a) Such boat or trailer shall not exceed thirty(30) feet
in length.
(b) Such boat or trailer shall be stored only in the
required rear yard, and the area occupied thereby,
together with the area of all buildings in the rear
yard,shall not exceed forty percent(40%)of the area
of the required rear yard.
(c) Such boat or trailer shall not be located within
fifteen (15) feet of any street or lot line.
(8) Horses and domestic animals other than household pets,
provided that such animals shall not be housed within
forty (40) feet of any lot line. Housing for flocks of more
than twenty-five(25) fowl shall not be constructed within
fifty (50) feet of any line.
10047 2-2 5 9
§ 100 31 SOUTHOLD CODE § 100-31
(9) The following signs, subject to the supplementary sign
regulations hereinafter set forth in Article XX:
(a) Not more than two(2) nonilluminated nameplates or
professional signs each not more than two (2) square
feet in area.
(b) Not more than two (2) signs with a combined total
area of not more than forty-eight(48)square feet, no
one(1)of which shall be larger than twenty-four(24)
square feet in size, advertising only the sale of farm,
garden or nursery products grown on the premises
or of animals raised on the premises.
(c) One (1) real estate sign, either single- or double-
faced, not larger than twelve (12)square feet in size
on any one (1) or more lots, advertising the sale or
lease of only the premises on which it is maintained
and set back not less than fifteen (15) feet from any
lot line. Where acreage or a subdivision has a
continuous frontage of five hundred (500) feet or
more, said sign shall not exceed twenty-four (24)
square feet in size.
(d) One (1) bulletin board or other announcement or
identification sign for uses permitted in § 100-
31B(3), (4), (5), (6), (8) and (9) of the Agricultural
District, not more than eighteen (18) square feet in
area, located not less than fifteen (15) feet from any
street or lot line.
(e) Such other signs as may be authorized as a special
exception by the Board of Appeals as hereinafter
provided.
(10) Yard sales, attic sales, garage sales, auction sales or
similar types of sales of personal property owned by the
occupant of the premises and located thereon, subject to
the following requirements:
(a) Not more than one (1) such sale shall be conducted
on any lot in any one (1) calendar year.
10048 2-25-89
§ 100-31 ZONING § 100-32
(b) Adequate supervised parking facilities shall be
provided.
(c) No signs, except one(1)one-premises sign not larger
than six (6)square feet in size displayed for a period
of not longer than one (1) week immediately prior to
the day of such sale, shall be permitted.
(d) A permit is obtained therefor from the Building
Inspector upon the payment of a fee of fifteen dollars
($15.).
§ 100-32. Bulk, area and parking regulations.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the Agricultural-Conservation
District and in the Low-Density Residential R-80 District unless the
same conforms to the Bulk Schedule and Parking Schedule'
incorporated into this chapter with the same force and effect as if such
regulations were set forth herein in full, as well as to the following
bulk and parking requirements:
A. In the case of a lot held in single and separate ownership prior
to November 23, 1971,and thereafter,with an area of less than
forty thousand (40,000) square feet, a single-family dwelling
may be constructed thereon, provided that the requirements of
Column vii of the Bulk Schedule and the Parking Schedule
incorporated in this chapter are complied with.
B. The bulk and parking requirements for single-family
dwellings as set forth in Column ii of the Bulk Schedule and
the Parking Schedule incorporated into this chapter shall
apply to the following lots:
(1) All lots shown on major and minor subdivision maps
which were granted final approval by the Planning
Board prior to May 20, 1983.
(2) All lots shown on major subdivision maps upon which the
Planning Board has held a hearing for preliminary map
approval prior to May 20, 1983.
Editor's dote: The Bulk Schedule is included at the end of this chapter.and the Parking
Schedule is in§ 100-191A.
10049 2-25-84
§ 100-32 SOUTHOLD CODE § 100-33
(3) All lots shown on minor subdivision maps that hax-e been
granted sketch plan approval by the Planning Board
prior to May 20, 1983.
(4) All lots set off or created by approval of the Planning
Board subsequent to November 23, 1971, and prior to
May 20, 1983.
C. The bulk and parking requirements for single-family
dwellings set forth in Columns i and iii of the Bulk Schedule
and Parking Schedule incorporated into this chapter shall
apply to the following lots:
(1) All lots shown on minor subdivision maps which have
been granted sketch plan approval by the Planning
Board on or after May 20, 1983.
(2) All lots shown on major subdivision maps upon which the
Planning Board has held a hearing for preliminary map
approval on or after May 20, 1983.
(3) All lots set off or created by approval of the Planning
Board on or after May 20, 1983.
D. The bulk and parking requirements for two-family dwellings
set forth in Column xii of the Bulk Schedule and Parking
Schedule incorporated into this chapter shall apply to the
following lots:
(1) All lots shown on minor subdivision maps which have
been granted sketch plan approval by the Planning
Board on or after May 20, 1983.
(2) All lots shown on major subdivision maps upon which the
Planning Board has held a hearing for preliminary
approval on or after May 20, 1983.
(3) All lots set off or created by approval of the Planning
Board on or after May 20, 1983.
§ 100-33. Accessory buildings.
In the Agricultural-Conservation District and Low-Density
Residential R-80, R-120, R-200 and R-400 Districts, accessory
10050 es
§ 100-33 ZONING § 100-30A.2
buildings and structures or other accessory uses may be located in the
required rear yard. subject to the following requirements:
A. Such buildings shall not exceed eighteen (18) feet in height.
B. Such buildings shall be set back no less than three (3) feet
from any lot line.
C. All such buildings in the aggregate shall occupy not more than
forty percent (40%) of the area of the required rear yard.
ARTICLE IIIA
Low Density Residential R-40 District
[Added 1-10-89 by L.L. No. 1-1989]
§ 100-30A.1. Purpose.
The purpose of the Low-Density Residential R-40 District is to
provide areas for residential development where existing neighbor-
hood characteristics, water supply and environmental conditions
permit full development densities of approximately one (1) dwelling
per acre and where open space and agricultural preservation are not
predominate objectives.
§ 100-30A.2. Use regulations.
In an R40 District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part,for any
uses except the following.
A. Permitted uses:
(1) Same as § 100-31A of the Agricultural-Conservation
District.
B. Uses permitted by special exception of the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided, and subject to site
plan approval by the Planning Board:
(1) Same as § 100-31B of the Agricultural-Conservation
District, except that a children's recreation camp, farm
10051 2- w
§ 100-30A.2 SOUTHOLD CODE § 100-40
labor camp and veterinarian's office and animal hospital
are not permitted and bed-and-breakfast uses do not
require site plan approval.
(2) Libraries, museums or art galleries.
C. Accessory uses, limited to the following:
(1) Same as § 100-31C of the Agricultural-Conservation
District.
§ 100-30A.3. Bulk, area and parking regulations.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the Low-Density Residential R-
40 District unless the same conforms to the requirements of the Bulk
Schedule and of the Parking Schedule, 8 with the same force and
effect as if such regulations were set forth herein in full.
§ 100-30A.4. Accessory buildings.
Accessory buildings shall be subject to the same requirements as
§ 100-33 of the Agricultural-Conservation District.
ARTICLE IV
Hamlet Density (HD) Residential District =#
[Added 1-10-89 by L.L. No. 1-198991
§ 10040. Purpose.
The purpose of the Hamlet Density (HD) Residential District is to
permit a mix of housing types and level of residential density
appropriate to the areas in and around the major hamlet centers,
particularly Mattituck, Cutchogue, Southold, Orient and the Village
of Greenport.
tt Editor's dote: The Bulk Schedule is included at the end of this chapter,and the Parking
Schedule is in§ 100-1911.
9 Editors Note: This local law also repealed former Art. IV. M Light Multiple-Residence
District,as amended.
10052 .,-25-89
• § 100-41 ZONING § 100-42
§ 100-41. Applicability.
The Hamlet Density (HD) Residential District may be designated
on the Zoning Map by the Town Board upon its own motion or by
petition on parcels within one-half(%)mile of a Hamlet Business(HB)
District of Mattituck, Cutchogue and Southold Hamlet and within
one-fourth (V,,) mile of the Hamlet Business (HB) District of Orient
and within one-half (%) mile of the boundary of the Village of
Greenport.
§ 100-42. Use regulations.
In the HD District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part,for any
use except the following-
A.
ollowingA. Permitted uses.
(1) One-family detached dwelling.
(2) Two-family dwelling.
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided, and subject to site
plan approval by the Planning Board:
(1) Multiple dwellings, townhouses, row or attached houses.
(2) Accessory apartments in single-family residences as set
forth in and regulated by § 100-31B(14) of the Agricul-
tural-Conservation District.
(3) Bed-and-breakfast uses as set forth in and regulated by
§ 100-31B(15), without site plan approval.
C. Accessory uses, limited to the following-
(1)
ollowing(1) Accessory uses as set forth in and regulated by § 100-
31C(1) through (7)and (10)of the Agricultural-Conserva-
tion District, and subject to conditions set forth in § 100-
33 thereof.
• 10053 2- -89
§ 100-42 SOliTHOLD CODE § 100-50
(2) Freestanding or ground signs, subject to the following
requirements: one(1) sign, either single- or double-faced,
not more than eighteen (18) square feet in area, and the
upper edge of which shall not project more than five (5)
feet above the ground unless attached to a fence or wall.
Such sign shall indicate only the name of the premises.
Such sign shall be set back not less than fifteen (15) feet
from all street and lot lines. Such sign shall comply with
all of the supplementary sign regulations set forth in
Article XX.
(3) Accessory buildings, structures and other required
facilities and equipment necessary to provide community
sewers, water, heat, utilities and other community
services to all buildings and structures on the premises;
provided, however, that the plans for and the location of
the same shall be approved by the Planning Board.
§ 100-43. Bulk, area and parking regulations.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the Hamlet Density (HD)
Residential District unless the same conforms with the Bulk Schedule
and Parking Schedule incorporated into this chapter, with the same
force and effect as if such regulations were set forth herein in full.10
ARTICLE V
Affordable Housing (AHD) District
[Added 7-1-86 by L.L. No. 6-1986; amended 11-16-86 by L.L. No.
14-1986; 1-10-89 by L.L. No. 1-1989111
§ 100-50. Purpose.
The purpose of the Affordable Housing(AHD)District is to provide
the opportunity within certain areas of the town for the development
of high-density housing for families of moderate income.
UI Editors Vole: The Bulk Schedule is included at the end of this chapter,and the Parking
Schedule is in§ 100-191A.
11 Editor's Note: This local lace also repeated former Art. V. At-1 General Multiple-
Residence as amended.
10054 2-25-89
§ 100-51 ZONING § 100-51
§ 100-51. Definitions.
For the purpose of this Article, the following terms, phrases and
words shall have the following meanings:
CONSUMER PRICE INDEX — The consumer price index
as published by the United States Department of Labor,
Bureau of Labor Statistics, for the New York Metropolitan
area.
DIRECTOR — The Director of Community Development for
the Town of Southold.
MODERATE-INCOME FAMILY — A family whose aggre-
gate annual income, including the total of all current annual
income of all family members (excluding the earnings of
working family members under age twenty-one(21)]from any
source whatsoever at the time of application for the purchase
or lease of an affordable housing unit or the purchase of an
unimproved affordable lot, does not exceed thirty-nine
thousand dollars ($39,000.), which annual income shall be
revised each year on January 31 to conform to the previous
year's change in the consumer price index.
MODERATE-INCOME FAMILY DWELLING UNIT — A
dwelling unit reserved for rent or sale to a moderte-income
family and for which the maximum monthly rent(excluding
utilities) or the maximum initial sales price does not exceed
the maximum rent or maximum sales price set forth in§ 100-
56E hereof.
MODERATE-INCOME FAMILY UNIMPROVED LOT —
An unimproved lot reserved for sale to a moderate-income
family and for which the maximum initial sales price,
inclusive of the cost of providing public water and/or public
sewer service to the lot, does not exceed the maximum sales
price set forth in § 100-56E hereof.
PERMANENT FIXED IMPROVEMENT — An improve-
ment to a lot or a moderate-income family dwelling unit which
cannot be removed without substantial damage to premises or
total loss of value of said improvements.
10055 2-25-89
§ 100-52 SOUTHOLD CODE § 100-54
§ 100-52. Applicability.
AHD Districts shall be established by application to the Town
Board, pursuant to the procedures hereinafter specified, on parcels of
land located within the following areas:
A. Land within a one-half-mile radius of the post offices located in
the Hamlets of Mattituck, Cutchogue, Peconic and Southold.
B. Land within a one-fourth-mile radius of the post offices located
in the Hamlets of East Marion and Orient.
C. Land within one-fourth (%) mile of the boundaries of the
incorporated Village of Greenport.
D. Land in such other areas as shall be designated by Town
Board resolution after a public hearing thereon, upon ten (10)
days' notice thereof by publication in the official town
newspapers.
§ 100-53. Use regulations.
In the AHD District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part,for any
use except the following.
A. Permitted uses.
(1) One-family detached dwellings.
(2) Two-family dwellings.
(3) Multiple dwellings.
B. Accessory uses. Accessory uses as set forth in and regulated
by § 100-30C(1), (2), (3), (4), (6) and (7) of this chapter.
§ 100-54. Bulk, area and parking regulations.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the AHD District unless the
same conforms to the following Bulk, Area and Parking Schedule:
10056 2-25-89
§ 100-54 ZONING § 100-55
BULK.AREA AND PARKING SCHEDULE
Minimum Single-Family Two-Family 'Multiple
Requirements Dwellings Dwellings Dwellings
Total lot area(square feet) 10.000 20.OUO 40.000
Lot width(feet) 80 100 150
Lot depth(feet) 100 140 '200
Front yard(feet) 35 :3.5 45
1 side yard(feet) 15 15 20
Both side yards(feet) 25 30 40
Rear yard(feet) 35 35 45
Livable floor area(square feet per dwelling) 850 6(10 600
Off-street parking spaces(per dwelling) 2 2 2
Iand area(square feet per dwelling unit) 10.000 111,00 10.000
Single-Family T\ o-Family Multiple
Maximum Permitted Dimensions Dwellings Dwellings Dwellings
Lot coverage(percent) 20% 2.5% 25%
Building height 35 :35 35
Number of stories 2;2 21, 21,
i
§ 100-55. Application procedure.
A. Application procedure.The procedure for planning and zoning
approval of any future proposed development in an AHD
District shall involve a two-stage review process as follows:
(1) Approval by the Town Board of a preliminary develop-
ment concept plan and the zoning reclassification of a
specific parcel or parcels of land for development in
accordance with that plan.
(2) Approval of a final,detailed site plan and subdivision plat
approval, if required, by the Planning Board.
B. Application to the Town Board for rezoning approval. Four(4)
copies of the application for the establishment of an AHD
District shall be filed with the Town Clerk, who shall submit
a copy to the Town Board at its next regular scheduled
meeting. The application shall contain at least the following
information:
(1) The names and addresses of the property owners and all
other persons having an interest in the property; the
name and address of the applicant, if not the owner; and
the names and addresses of any planners, engineers,
architects, surveyors and all other persons or firms
engaged or proposed to be engaged to perform work and/
10057 2-25-S9
§ 100-55 SOUTHOLD CODE § 100-55
or services with respect to the project described in the
application.
(2) If the applicant is not the owner of the property, written
authorization of the owner or owners authorizing the
applicant to submit the application on behalf of the owner
or owners.
(3) A written statement describing the nature of the
proposed project and how it will be designed to fulfill the
purposes of this Article, including its consistency with the
Town Master Plan; an analysis of the site's relationship to
adjoining properties and the surrounding neighborhood;
the availability and adequacy of community facilities and
utilities, including public water and public sewer systems,
to serve the needs of the project and the residents therein;
the safety and capacity of the street system in the area in
relation to the anticipated traffic generated; and such
other information as deemed necessary by the Town
Board and/or the Planning Board to enable them to
properly review and act upon the application.
(4) A written statement describing the proposed method of
ownership, operation and maintenance of all proposed
common utilities, including public water and sewer
facilities, and open land located within the proposed
development.
(5) A preliminary development concept plan for the proposed
project, drawn to a convenient scale and including the
following information:
(a) The total area of the property in acres and square
feet.
(b) A map of existing terrain conditions, including
topography with a vertical contour interval of no
.more than two (2) feet, identification of soil types
(including wetlands), existing drainage features,
major rock outcroppings, the extent of existing
wooded areas and other significant vegetation, and
other significant features of the property.
10058 2-25-89
§ 100-55 ZONING § 100-55
(c) A site location sketch indicating the location of the
property with respect to neighboring streets and
properties, including the names of all owners of
property within five hundred (500) feet therefrom,
as shown on the last completed town assessment roll.
Such sketch shall also show the existing zoning of
the property and the location of all zoning district
boundaries in the surrounding neighborhood.
(d) A preliminary site development plan indicating the
approximate location, height and design of all
buildings, the arrangement of parking areas and
access drives and the general nature and location of
all other proposed site improvements, including-
recreational facilities, landscaping and screening,
the storm drainage system, water and sewer
connections, etc.
(e) A plan showing the number, type and location of all
proposed dwelling units and unimproved lots to be
reserved for sale or lease to moderate-income
families and the ratio of the same to all proposed
dwelling units and lots in the development.
(f) A generalized time schedule for the staging and
completion of the proposed project.
(g) An application fee in the amount of fifteen dollars
($15.) for each proposed dwelling unit or five
hundred dollars ($500.), whichever is greater.
C. Referral to Planning Board. Upon the receipt of a property
completed application for the establishment of a new AHD
District,one(1)copy of the application shall be referred to the
Planning Board for its review and report, and one (1) copy
shall be referred to the Suffolk County Planning Commission
for its review and recommendation, if required by the
provisions of the Suffolk County Charter. Within sixty (60)
days from the date of the Planning Board meeting at which
such referral is received, the Planning Board shall report its
recommendations to the Town Board. No action shall be taken
by the Town Board until receipt of the Planning Board report
or the expiration of the Planning Board review period.
10059 2-25-89
§ 100-55 SOUTHOLD CODE § 100-55
whichever first occurs. Said review period may be extended by
mutual consent of the Planning Board and the applicant.
D. Planning Board report. The Planning Board, in its report to
the Town Board, may recommend either approval of the
application for the establishment of the AHD District. with or
without modifications, or disapproval of said application. In
the event that the Planning Board recommends disapproval of
said application, it shall state in its report the reasons for such
disapproval. In preparing its report and recommendations,the 1
Planning Board shall give consideration to the Town Master 1
Plan, the existing and permitted land uses in the area, the
relationship of the proposed design and location of buildings on
the site, traffic circulation, both on and off the site, the
adequacy and availability of community facilities and utilities,
including public water and public sewer systems, to service
the proposed development, compliance of the proposed
development with the standards and requirements of this
Article,the then-current need for such housing and such other
factors as may be related to the purposes of this Article.
E. Town Board public hearing. Within forty-five (45) days from
the date of the Town Board's receipt of the Planning Board's
report and recommendation or the expiration of the Planning
Board review period, whichever first occurs, the Town Board
shall hold a public hearing on the matter of establishing an
AHD District on the property described in the application.
Such hearing shall be held upon the same notice as required
by law for amendments to the Town Zoning Map and/or
Zoning Code. =:Y
F. Town Board action.
(1) Within forty-five (45) days after the date of the close of
the public hearing, the Town Board shall act either to
approve, approve with modifications or disapprove the
preliminary development concept plan and the approval
or disapproval of the establishment of the AHD District
applied for.Approval or approval with modifications shall
be deemed as authority for the applicant to proceed with
the detailed design of the proposed development in
accordance with such concept plan and the procedures
10060 •>s-89
§ 100-55 ZONING § 100-55
and requirements of this Article. A copy of the Town
Board's determination shall be filed with the Planning
Board and a copy mailed to the applicant. A copy shall
also be filed in the Town Clerk's office. If such determina-
tion approves the establishment of a new AHD District,
the Town Clerk shall cause the Official Zoning Map to be
amended accordingly.
(2) Approval of the establishment of an AHD District shall
expire twelve (12) months after the date of Town Board
approval thereof if the applicant has not received site
development plan approval and final subdivision plat
approval of at least the first section of the planned
development within such twelve-month period. Approval
of the establishment of an AHD District shall expire
eighteen (18) months after said Town Board approval
thereof if work on the site has not commenced or the same
is not being prosecuted to conclusion with reasonable
diligence. The Town Board, upon application of the
applicant and upon good cause being shown, may, in the
exercise of its discretion, extend both of the above time
periods for not more than two(2)additional periods of not
more than six (6) months each. In the event of the
expiration of approval as herein provided, the AHD
District shall be deemed revoked, and the Zoning
classification of the property affected thereby shall revert
to the zoning classification that existed on the property
immediately prior to the establishment of the AHD
District thereon, and the Town Clerk shall cause the
Official Zoning Map to be amended accordingly.
G. Site plan and subdivision plat approval by the Planning
Board.
(1) No earthwork, site work, land clearing, construction or
development activities shall take place on any property
within an AHD District except in accordance with a site
plan approved by the Planning Board in accordance with
the provisions of this Article and in accordance with the
procedures and standards for site plan approval as set
forth in Article XXV of this chapter.
10061 2-25-89
§ 100-55 SOUTHOLD CODE § 100-56
(2) "here a proposed development involves the subdivision or
resubdivision of land, no development shall proceed until
the Planning Board has granted final subdivision plat
approval in accordance with the provisions of Chapter
A106, Subdivision of Land, of the Town Code.
§ 100-56. General regulations and requirements.
A. Sewer and water. In an AHD District, public water supply
systems and/or public sewage disposal systems shall be
provided to serve all dwelling units located therein.
B. Covenants and restrictions. In approving a preliminary
development concept plan and/or the establishment of an
AHD District, the Town Board shall have the right to require
the applicant and/or the owner and all persons having an
interest in the premises to execute an agreement,in recordable
form, containing such restrictions, covenants, terms and
conditions as it deems necessary to accomplish the intent and
purposes of this Article.
C. Provision for moderate-income family dwelling units and
unimproved lots.
(1) On land within an AHD District containing ten(10)acres
or less of land, not less than forty percent (40%) of the
dwelling units and/or unimproved lots located therein
shall be reserved for sale or lease to moderate income
families.
(2) On land within an AHD District containing more than
ten (10) acres of land, not less than fifty percent(50%)of
the dwelling units and/or unimproved lots therein shall
be reserved for sale or lease to moderate income families.
D. Eligibility. In each AHD District, the sale or lease of dwelling
units reserved for moderate-income families and the sale of
unimproved lots reserved for sale to moderate-income families
shall be allocated on a priority basis, in the following order:
(1) First, to eligible applicants employed in the Town of
Southold.
10062 2-25-89
§ 100-56 ZONING § 100-56
(2) Second, to eligible applicants who reside in the Town of
Southold, in the order of length of residence in the town.
(:3) Third, to all other eligible applicants.
E. Maximum sales price and monthly rent.
(1) In an AHD District, the maximum initial sales price of a
dwelling unit or unimproved lot reserved for sale to
moderate-income families shall be as follows:
(a) Unimproved lot containing an area of ten thousand
(10,000) square feet: twenty-five thousand dollars
($25,000.).
(b) Attached dwelling unit: sixty thousand dollars
($60,000.).
(c) Single-family detached dwelling unit: seventy-five
thousand dollars ($75,000.).
(2) The maximum initial monthly rent, exclusive of utilities,
for a dwelling unit reserved for moderate-income families
in the AHD District shall be as follows:
(a) Studio apartment: three hundred dollars ($300.).
(b) One-bedroom dwelling unit: four hundred dollars
($400.)-
(c) Two-bedroom dwelling unit: five hundred dollars
($500.).
(d) The provisions of this § 100-56E(2) shall remain in
effect as to each dwelling unit for a period of fifteen
(15)years from the date of the initial lease thereof.
(3) The maximum sales prices and monthly rents set forth in
§ 100-56E(1)and (2) hereof shall be revised each year on
January 31 to conform to the previous year's change in
the consumer price index.
F. Resale price of dwelling units and unimproved lots.
(1) Dwelling units in an AHD District reserved for moder-
ate-income families may be resold to moderate-income
families, provided that the maximum resale price does
10063 s -25-Ns
§ 100.56 SOUTHOLD CODE § 100-56
not exceed the purchase price plus the cost of permanent
fixed improvements, adjusted for the increase in the
consumer price index during the period of ownership of
such dwelling unit and such improvements plus reason-
able and necessary resale expenses.
(2) Unimproved lots in a AHD District reserved for
moderate-income families may be resold to moderate-
income families, provided that the maximum resale price
does not exceed the purchase price of such lot adjusted for
the change in the consumer price index for the period
during which such lot was owned by the resale seller, plus
reasonable and necessary resale expenses.
(3) Where an unimproved lot in an AHD District reserved
for moderate-income families is improved with a dwelling
unit, the maximum resale price shall be determined in
the manner specified in § 100-56F(1) hereof.
(4) Notwithstanding the provisions of § 104-56F(1), (2) and
(3) hereof, the Director may authorize the resale of a
dwelling unit or unimproved lot reserved for moderate-
income families at a price in excess of the maximum
resale price specified in § 100-56F(1), (2) and (3) hereof,
under the following conditions:
(a) That the owner of such dwelling unit files an
application with the Director requesting approval of
such resale,setting forth in detail the calculation for
the determination of the maximum resale price, the
proposed resale price and such other information
and documentation as the Director shall request.
(b) That the portion of the resale price in excess of the
maximum allowable resale price shall be divided
between the resale seller and the town in the
following proportions:
Year of Resale Percentage Percentage
After Purchase to Owner To Town
1st 0% 100%
2nd 20% 800/0
3rd 400/6 60%
10064 2-25-89
§ 100-56 ZONING § 100-57
Year of Resale Percentage Percentage
After Purchase to Owner To Town
4th 60% 40%
5th 80% 20%
6th 90% 100/0
(c) All money received by the town pursuant to the
provisions of the preceding Subsection F(4xb) shall
be deposited in separate accounts and shall be
expended only for the purposes of this Article in
such manner as shall be determined by the Town
Board.
§ 100-57. Administration.
A. General duties of Director.
(1) The Director shall be responsible for the administration
of dwelling units and unimproved lots reserved for
moderate-income families in all AHD Districts pursuant
to the provisions of this Article.
(2) The Director shall promulgate and maintain information
and documentation of all dwelling units and unimproved
lots reserved for moderate-income families in all AHD
Districts;the number thereof available for sale or lease at
all times; the sales prices and monthly rent for such
dwelling units and lots; and the names and addresses of
eligible families desiring to purchase or lease the same,
together with a priority list of such families.The Director
shall maintain such other records and documents as shall
be required to properly administer the provisions of this
Article.
B. Interagency cooperation.
(1) Whenever the Town Board approves the establishment of
an AHD District, a copy of such determination shall be
filed with the Building Inspector and the Director,
together with a copy of any agreements and/or covenants
relating thereto.
10065 2-25-88
§ 100-57 SOUTHOLD CODE § 10057
(2) Whenever the Planning Board approves a subdivision
plat and/or a site plan affecting land within an AHD
District, a copy thereof shall be filed with the Building
Inspector and the Director, together with copies of any
agreements and/or covenants relating thereto.
(3) Whenever the Building Inspector shall issue a building
permit, a certificate of occupancy or any other permit or
authorization affecting dwelling units and/or unimproved
lots located in an AHD District and reserved for sale or
lease to moderate-income families, a copy thereof shall be
filed with the Director.
C. Procedure.
(1) Whenever the Building Inspector receives an application
for a certificate of occupancy for a dwelling unit or
unimproved lot located in an AHD District and reserved
for sale or lease to moderate-income families, the
Building Inspector shall file a copy thereof with the
Director,who shall inform the owner and/or person filing
such application of the maximum sales price or monthly
rent for such dwelling unit or lot as well as eligibility
requirements for families seeking to purchase or lease
such dwelling units or lots.
(2) No certificate of occupancy may be issued by the
Building Inspector until the Director has supplied the
Building Inspector with the information provided for in
the preceding subsection and the Building Inspector
determines that the issuance of the certificate of
occupancy will not permit a use, occupancy, sale or lease
of a dwelling unit or unimproved lot in violation of the
provisions of this Article.
(3) The Director shall certify the eligibility of all applicants
for lease or purchase of dwelling units and unimproved
lots reserved for moderate-income families. An owner of
dwelling units and unimproved lots in an AHD District
which are reserved for sale or lease to moderate-income
families shall not sell or lease the same to any person who
does not possess a certificate of eligibility issued by the
Director. A violation of the provisions of this subsection
10066 2-25-89
§ 100-57 ZONING § 100-60
shall constitute grounds for the revocation of a certificate
of occupancy.
(4) On or before March 31 of each year, the Director shall
notify the owner or manager of dwelling units and
unimproved lots reserved for moderate-income families of
the monthly rent, sales price and income eligibility
requirements for such units and lots based upon data
derived from the preceding year.
(5) The owner or manager of dwelling units and unimproved
lots reserved for moderate-income families shall certify in
writing to the Director,on or before May 31 of each year,
that the sale and/or lease of such dwelling units and lots
comply with the provisions of this Article and Chapter
100 of the Town Code.
(6) When a dwelling unit reserved for lease to moderate-
income families is to be rented, the lease for such unit
shall not exceed a term of two (2) years.
§ 100-58. Applicability of other Code provisions.
All of the provisions of the Code of the Town of Southold not
inconsistent or in conflict with the provisions of this Article shall be
applicable in the AHD District.
ARTICLE VI
Resort Residential (RR) District
[Added 1-10-89 by L.L. No. 1-1989121
§ 100-60. Purpose.
The purpose of the Resort Residential (RR) District is to provide
opportunity for resort development in waterfront areas or other
appropriate areas where, because of the availability of water and/or
sewers, more intense development may occur consistent with the
density and character of surrounding lands.
12 Editor's Note: This local law also repealed former Art.V1.B Light Business District,as
amended.
I
10067 2-25-89
§ 100-61 SOUTHOLD CODE § 100-61
§ 100-61. Use regulations.
In the RR District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part, for any
use except the following-
A. Permitted uses.
(1) Any permitted use set forth in and as regulated by§ 100-
31A of the Agricultural-Conservation District.
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals as hereinafter provided and, except for the
uses set forth in Subsection B(5)hereof, are subject to site plan
approval by the Planning Board:
(1) Any special exception use set forth in and as regulated by
§ 100-31B(1), (6), (7) and (14) of the Agricultural-
Conservation District.
(2) Marinas for the docking, mooring or accommodation of
noncommercial boats.
(3) Yacht clubs.
(4) Transient hotels or motels, resort hotels or motels or
conference facilities, provided that the following require-
ments are met:
(a) Minimum parcel size shall be five (5) acres.
(b) The maximum number of guest units shall be: `
[1] One(1)unit per six thousand(6,000)square feet
of land without public water or sewer.
[2] One (1) unit per four thousand (4,000) square
feet of land with public water and sewer.
(c) No music, entertainment or loudspeaker system
shall be audible from beyond the property line.
(d) No lights shall create a glare on adjoining property.
(5) Bed-and-breakfast uses as set forth in and as regulated
by § 100-31B(15).
10068 2-25-89
• § 100-61 ZONING § 100-62
(6) Tourist camps as regulated by Chapter 88, Tourist and
Trailer Camps, of the Town Code.
(7) Freestanding restaurants.
C. [Amended 5-9-89 by L.L. No. 6-19891 Accessory uses. The
following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by
Article XX, are subject to site plan review:
(1) Any accessory use set forth in and as regulated by§ 100-
31C(1) through (7) of the Agricultural-Conservation
District.
(2) Signs as regulated by § 100-31C(9) of the Agricultural-
Conservation District; and, in the case of a hotel, motel
resort, tourist camp, country club,beach club, swim club
or tennis club, if the building is set back twenty-five (25)
feet, one(1) freestanding or ground-illuminated sign with
a maximum area of eighteen (18) square feet may be
permitted at the entrance, set back a minimum of fifteen
(15) feet from the street line.
(3) Sanitary and laundry facilities.
(4) Accessory uses set forth in and as regulated by § 100-
42C(3) of the Hamlet Density Residential District.
§ 100-62. Bulk, area and parking regulations.
Except as otherwise provided herein, no buildings or premises shall
be used and no building or part thereof shall be erected or altered in
the Residential RR District unless the same conforms to the Bulk
Schedule and Parking and Loading Schedules incorporated into this
chapter by reference, with the same force and effect as if such
regulations were set forth herein in full.13
13 Editors Note: The Bulk Schedule is included at the end of this chapter,and the Parking
and loading Schedules are in§§ 100-191 and 100-192.
10069 7-25-89
§ 100-70 SOUTHOLD CODE § 100-71
ARTICLE VII
Residential Office (RO) District
(Added 1-10-89 by L.L. No. 1-1989141
§ 100-70. Purpose.
The purpose of the Residential Office (RO) District is to provide a
transition area between business areas and low-density residential
development along major roads which will provide opportunity'for
limited nonresidential uses in essentially residential areas.
§ 100-71. Use regulations.
In the Residential Office (RO) District, no building or premises
shall be used and no building or part of a building shall be erected or
altered which is arranged, intended or designed to be used, in whole
or in part, for any uses except the following-
A.
ollowingA. Permitted uses.
(1) One-family detached dwellings, not to exceed one (1)
dwelling on each lot.
(2) Buildings, structures and uses owned or operated by the
Town of Southold, school districts, park districts and fire
districts.
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals as hereinafter provided and subject to site
plan approval by the Planning Board, provided that not more
than one (1) use shall be allowed for each forty thousand
(40,000) square feet of lot area:
(1) Special exception uses as set forth in and regulated by
§ 100-31B(1)through(7)of the Agricultural-Conservation
District.
(2) Professional offices and business offices.
(3) Funeral homes.
14 Editor's Note: This local law also repealed former Art.VII,B-1 General Business District,
as amended.
10070 7-25-89
§ 100-71 ZONING § 100-71
(4) Bed-and-breakfast uses as set forth in and regulated by
§ 100-31B(15), except that no site plan approval is
required.
(5) Libraries, museums or art galleries.
C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The
following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by
Article XX, are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-
31)(1) through (7) of the Agricultural-Conservation
District and subject to the conditions set forth in§ 100-33
thereof.
(2) The following signs, subject to the supplementary sign
regulations set forth in Article XX:
(a) One (1) indirectly illuminated nameplate or profes-
sional sign not more than two(2)square feet in area.
(b) One (1) real estate sign, either single- or double-
faced, not larger than twelve(12)square feet in size
on any one (1) or more lots, advertising the sale or
lease of only the premises on which it is maintained
and set back not less than fifteen (15) feet from any
lot line; where acreage or a subdivision has a
continuous frontage of five hundred (500) feet or
more, said sign may not exceed twenty-four (24)
square feet in size.
(c) One (1) bulletin board or other announcement or
identification sign for uses permitted by § 100-
31B(3), (4), (5) and (6), not more than eighteen (18)
square feet in area, located not less than fifteen (15)
feet from any street or lot line.
(3) Accessory uses set forth in and regulated by§ 100-42C(3)
of the Hamlet Density Residential District.
10071 7-25-89
§ 100-72 SOUTHOLD CODE § 100-81
§ 100-72. Bulk, area and parking regulations.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the Residential Office (RO)
District unless the same conforms to the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter, with the same
force and effect as if such regulations were set forth herein in full.15
ARTICLE VIII
Limited Business (LB) District
[Added 1-10-89 by L.L. No. 1-1989161
§ 100-80. Purpose.
The purpose of the Limited Business (LB) District is to provide an
opportunity to accommodate limited business activity along highway
corridors, but in areas outside the hamlet central business areas, that
is consistent with the rural and historic character of surrounding
areas and uses. Emphasis will be placed on review of design features
so that existing and future uses will not detract from surrounding
uses. The additional uses must generate low amounts of traffic and be
designed to protect the residential and rural character of the area.
§ 100-81. Use regulations.
In the LB District, no building shall be used and no building or
part of a building shall be erected or altered which is arranged,
intended or designed to be used, in whole or in part, for any uses
except the following.
A. Permitted uses.
(1) Any permitted use as set forth in and regulated by§ 100-
31A of the Agricultural-Conservation District.
(2) The following uses are permitted uses subject to the site
plan approval by the Planning Board:
15 Editor's Note: The Bulk Schedule is included at the end of this chapter,and the Parking
and Loading Schedules are in§§ 100-191 and 100-192.
16 Editor's Note: This local law also repealed former Art.VIII,C Light Industrial District,
as amended.
10072 7-25-89
§ 100-81 ZONING § 100-81
(a) Retail businesses complementary to the rural and
historic character of the surrounding area, limited to
the following-
[1]
ollowing[1] Antique, art and craft shops and gallaries.
[2] Custom workshops and machine shops.
[3] Wholesale or retail sale and accessory storage
and display of garden materials and plants,
including nursery operations, provided that the
outdoor storage or display of plants and materi-
als does not obstruct pedestrian flow or vehicu-
lar traffic and does not occur within three (3)
feet of the property line.
[4] Libraries or museums.
(b) Professional and business offices.
(c) Funeral homes.
(d) Restaurants, except drive-in restaurants.
(e) Personal service stores and shops, including barber-
shops, beauty parlors, professional studios and travel
agencies.
(f) Repair shops for household, business or personal
appliances, including cabinet shops, carpenter shops,
electrical shops, plumbing shops, furniture repair
shops and bicycle and motorcycle shops, landscaping
and other service businesses.
(g) Wholesale and warehousing.
(h) Retail uses supplemental to the service business
establishment.
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals as hereinafter provided and, except for bed-
and-breakfast uses, are subject to site plan approval by the
Planning Board:
10073 7-25-89
§ 100-81 SOUTHOLD CODE § 100-81
(1) Any special exception use as set forth in and regulated by
§ 100-31B of the Agricultural-Conservation District.
C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The
following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by
Article XX, are subject to site plan review:
(1) Any accessory use as set forth in and regulated by§ 100-
31C(1) through (8) of the Agricultural-Conservation
District, and subject to the conditions set forth in § 100-
33 thereof.
(2) Signs, subject to the following requirements:
(a) Freestanding or ground signs: where the building is
set back twenty-five (25) feet or more from the
street, one(1)sign, single-or double-faced, not more
than eighteen (18) square feet, the lower edge of
which shall be not less than four (4) feet above the
ground, unless attached to a wall or fence, and the
upper edge of which shall not extend more than
fifteen (15) feet above the ground, which sign shall
be set back not less than fifteen (15) feet from all
street and property lines and shall advertise only the
business conducted on the premises. As used in this
subsection, the word "premises" shall mean all
contiguous property in common ownership.
(b) Wall signs: one (1) sign attached to or incorporated
in each building wall on a public street and
advertising only the business conducted in such
building, provided that such sign does not:
[1) Exceed one(1)square foot in total area for each
horizontal foot of such wall.
[2] Exceed in width one hundred percent(100%)of
the horizontal measurement of such wall.
10074 7-25-89
§ 100-81 ZONING § 100-91
[3] Exceed three (3) feet in height.
[4] Project more than one(1) foot from such wall.
§ 100-82. Bulk, area and parking regulations.
Except as otherwise provided herein,no buildings or premises shall
be used and no building or part thereof shall be erected or altered in
the LB District unless the same conforms to the Bulk Schedule and
Parking and Loading Schedules incorporated into this chapter by
reference, with the same force and effect as if such regulations were
set forth herein in full.17
ARTICLE IX
Hamlet Business (HB) District
[Added 1-10-89 by L.L. No. 1-198918]
§ 100-90. Purpose.
The purpose of the Hamlet Business(HB) District is to provide for
business development in the hamlet central business areas, including
retail, office and service uses, public and semipublic uses, as well as
hotel and motel and multifamily residential development that will
support and enhance the retail development and provide a focus for
the hamlet area.
§ 100-91. Use regulations.
In the HB District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part,for any
uses except the following:
17 Editor's Note: The Bulk Schedule is included at the end of this chapter,and the Parking
and Loading Schedules are in§§ 100-191 and 100.192.
18 Editor's Note: This local law also repealed former Art IX, C-1 General Industrial
District,as amended.
10075 7-25-89
§ 100-91 SOUTHOLD CODE § 100-91
A. [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The
following are permitted uses and, except for those uses
permitted under Subsection A(1)and (2)hereof, are subject to
site plan approval by the Planning Board:
(1) Any permitted use set forth in and regulated by § 100-
31A(1) and (3) of the Agricultural-Conservation District.
(2) Any permitted uses as set forth in and as regulated by
§ 100-42A(2) of the Hamlet Residential District.
(3) Boardinghouses and tourist homes.
(4) Business, professional and governmental offices.
(5) Banks and financial institutions.
(6) Retail stores.
(7) Restaurants, excluding drive-in restaurants.
(8) Bakeshops (for on-premises retail sale).
(9) Personal service stores and shops, including barbershops,
beauty parlors, professional studios and travel agencies.
(10) Art, antique and auction galleries.
(11) Artists' and craftsmen's workshops.
(12) Auditoriums or meeting halls.
(13) Repair shops for household, business or personal appli-
ances,including cabinet shops,carpenter shops,electrical
shops,plumbing shops,furniture repair shops and bicycle
and motorcycle shops.
(14) Custom workshops.
(15) Bus or train stations.
(16) Theaters or cinemas (other than outdoor).
(17) Libraries or museums.
(18) Laundromats.
10076 7-25-89
§ 100-91 ZONING § 100-91
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals as hereinafter provided, subject to site plan
approval by the Planning Board:
(1) Any special exception use set forth in and as regulated by
§ 100-31B(3) to (6) and (14) and (15) of the Agricultural
Conservation District.
(2) Multiple dwellings and townhouses.
(3) Motel and hotel uses as set forth in and regulated by
§ 100-61B(4) of the Resort Residential (RR) District,
except that minimum lot size shall be one (1) acre.
(4) Apartments may be permitted over retail stores, subject
to the following requirements:
(a) The explicit written approval of the Town Fire
Prevention Inspector shall be obtained for the
design, location, access and other safety-related
elements of every such apartment. No apartment
shall be permitted over filling stations, stores
retailing flammable or fume-producing goods,
restaurants or other businesses with kitchens or
other facilities producing intense heat or any other
establishment which the Fire Prevention Inspector
determines to pose a greater-than-average built-in
fire risk.
(b) The habitable floor area of each apartment shall be
at least four hundred fifty (450) square feet, but in
no case more than seven hundred fifty (750) square
feet. The apartment shall not be located on the first
floor of the building, and the apartment shall
contain all services for safe and convenient habita-
tion, meeting the New York State Uniform Fire
Prevention and Building Code and the Sanitary
Code.
(c) There shall be no more than three (3) apartments
created or maintained in any single building.
10077 7-25-89
§ 100-91 SOUTHOLD CODE § 100-91
(d) Each apartment, or common hallway servicing two
(2) or three (3) apartments, shall have a separate
access to the outside of the building, which must be
distinct from the access to uses on the first floor.
(e) Each apartment shall have at least one(1)on-site off-
street parking space meeting the standards of this
chapter, conveniently located for access to the
apartment.
(f) Only the owner of the building in which it is
proposed to locate the apartment(s) may apply for
this special permit. The Board of Appeals shall
require that such applicant execute such agree-
ments,contracts, easements, covenants, deed restric-
tions or other legal instruments running in favor of
the town as, upon recommendation of the Town
Attorney, the Board shall determine to be necessary
to ensure that:
[1] The apartment, or any proprietary or other
interest therein, will not be sold to the tenant or
any other party, except as part of a sale of the
entire building in which the apartment is
located.
[2] The apartment is made available for year-
round rental.
[3] The apartment is properly constructed, main-
tained and used, and unapproved uses are
excluded therefrom.
[4] Any other condition deemed reasonable and
necessary to ensure the immediate and long-
term success of the apartment in helping to
meet identified housing needs in the community
is complied with.
(5) Bed-and-breakfast enterprises or boarding and/or tourist
homes as set forth and regulated by § 100-61B(5) of the
Resort Residential (RR) District.
10078 7-25-89
§ 100-91 ZONING § 100-93
r (6) Fraternal or social institutional offices or meeting halls.
i (7) Drinking establishments.
(8) Public garages.
(9) Funeral homes.
C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The
following uses are permitted as accessory uses and,except for
residential accessory uses and signs, which are subject to
Article XX, are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-
31C(1) through (7) of the Agricultural-Conservation
District, and subject to the conditions set forth in § 100-
33 thereof.
(2) Signs, as set forth in § 100-81C(2) of the Limited
Business District.
(3) Directional or informational signs, not exceeding two (2)
square feet, which the Planning Board finds to be
necessary to facilitate circulation throughout the district.
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the HB District unless the same
conforms to the Bulk Schedule and Parking and Loading Schedules
incorporated into this chapter by reference, with the same force and
effect as if such regulations were set forth herein in full.19
§ 100-93. Uses confinedto enclosed buildings.
All uses permitted in the HB District, including the display and
sale of merchandise and the storage of all property, except living
plants, shrubs and trees, shall be confined to fully enclosed buildings
on the premises.
19 Editor.,; Note: The Bulk Schedule is included at the end of this chapter,and the Parking
and Loading Schedules are in§§ 100-191 and 100-192.
10079 7-25-89
§ 100-100 SOUTHOLD CODE § 100-101
ARTICLE X
General Business (B) District
[Added 1-10-89 by I..L. No. 1-198920]
§ 100-100. Purpose.
The purpose of the General Business (B) District is to provide for
retail and wholesale commercial development and limited office and
industrial development outside of the hamlet central business areas,
generally along major highways. It is designed to accommodate uses
that benefit from large numbers of motorists, that need fairly large
parcels of land and that may involve characteristics such as heavy
trucking and noise.
§ 100-101. Use regulations.
In the B District, no building or premises shall be used and no
building or part thereof shall be erected or altered which is arranged,
intended or designed to be used, in whole or in part, for any uses
except the following:
A. [Amended 5-9-89 by M. No. 6-1989] Permitted uses. The
following uses are permitted uses and, except for those uses
permitted under Subsection A(1) hereof, are subject to site
plan approval by the Planning Board:
(1) Any permitted use set forth in and regulated by § 100-
31A(2)'and (3) of the Agricultural-Conservation District.
(2) Any permitted use set forth in and regulated by § 100-
91A(3) to (18) of-the Hamlet Business District.
(3) Wholesale businesses, warehouses and building material
storage and sale, but excluding storage of coal, coke, fuel
oil or junk.
(4) Building, electrical and plumbing contractors'businesses
or yards.
20 Editor's Note: This local law also repealed former Art.X,Tourist Camps,Camp Cottages
and'trailers.
10080 7-25-89
§ 100-101 ZONING § 100-101
(5) Cold storage plants,baking and other food processing and
packaging plants that are not offensive, obnoxious or
detrimental to neighboring uses by reason of dust,smoke,
vibration, noise, odor or effluent.
(6) Wholesale or retail sale and accessory storage and display
of garden materials, supplies and plants, including
nursery operations, provided that the outdoor storage or
display of plants and materials does not obstruct
pedestrian flow or vehicular traffic and does not occur
within three (3) feet of the property line.
(7) Wholesale/retail beverage distribution.
(8) Funeral homes.
(9) Train or bus stations.
(10) Telephone exchanges.
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided, subject to site plan
approval by the Planning Board:
(1) Any special exception use as set forth in and regulated by
§ 100-31B(2) to (13) of the Agricultural-Conservation
District.
(2) Hotel or motel uses as set forth in and regulated by
§ 100-61B(4) of the Resort Residential (RR) District,
except that the minimum lot size shall be one (1) acre.
(Cont'd on page 10081)
10080.1 7-25-89
§ 100-101 ZONING § 100-1U1
(:3) Bed-and-breakfast enterprises or boarding and/or tourist
homes as set forth in and regulated by § 100-:31B(15) of
the Agricultural-Conservation District,except that no site
plan approval is required.
(4) Tourist camps as regulated by Chapter 88, Tourist and
'Nailer Camps, of the Town Code.
(5) Research design or development laboratories, provided
that any manufacturing shall be limited to prototypes
and products for testing.
(6) Fully enclosed commercial recreation facilities, including
but not limited to tennis clubs, skating rinks, paddle
tennis, handball and squash facilities,dance halls, billiard
parlors, bowling alleys, health spas and clubs and uses
normally accessory and incidental to commercial recrea-
tion, such as locker rooms, eating and drinking facilities
and retail sale of goods associated with the particular
activity.
(7) Laundry or dry-cleaning plants, subject to the following
conditions:
(a) All processes and storage shall be carried on within
an enclosed building.
(b) All fluids used in processing shall be recycled, and
the overall facility shall be designed, located and
operated to protect surface waters and the ground-
water reservoir from pollution.
(8) Fraternal or social institutional offices or meeting halls
(nonprofit).
(9) Fast-food restaurants, provided that eating on the
premises of the fast-food restaurant shall be permitted
only inside the structure or in areas specifically desig-
nated and properly maintained outside of the structure
and where minimum lot size for a freestanding structure
is forty thousand (40,000) square feet.
(10) Drinking establishments.
(11) Automobile laundries.
10081 s -ss-xv
§ 1(N)-lul SOUTHOLD CODE § 100-101
(12) Public garages, gasoline service stations, new and used
motor vehicle lots, vehicle sales and rental, including the
sale of recreation vehicles and trailers and boat sales,
with accessory repair facilities, all subject to the following
requirements:
(a) Entrance and exit driveways shall have an unre-
stricted width of not less than twelve (12) feet and
not more than thirty (30) feet and shall be located
not less than ten(10)feet from any property line and
shall be so laid out as to avoid the necessity of any
vehicle backing out across any public right-of-way.
(b) Sale of used vehicles or boats shall be conducted only
as accessory to the sale of new vehicles or boats.
(c) Vehicle lifts or pits, dismantled automobiles, boats
and vehicles and all parts or supplies shall be located
within a building.
(d) All service or repair of motor vehicles, other than
such minor servicing as change of tires or sale of
gasoline or oil, shall be conducted in a building.
(e) The storage of gasoline or flammable oils in bulk
shall be located fully underground and not less than
thirty-five (35) feet from any property line other
than the street line.
(f) No gasoline or fuel pumps or tanks shall be located
less than fifteen(15)feet from any street or property
line.
(g) Outdoor area lighting shall be that generally
required for security purposes and shall be re-
stricted to the front one-third (1/3) of the lot depth.
All outdoor lighting shall be located at a height of
not more than fourteen (14) feet above ground level
and so directed that illumination should not extend
beyond lot lines.
(h) No gasoline service or repair shops or similar
businesses are to be located within three hundred
10082 2-25-89
§ 100-101 ZONING § 100-101
(300)feet of a church, public school,library, hospital,
orphanage or rest home.
(13) Partial self-service gasoline service stations, subject to all
of the provisions of § 100-10IB(12) herein and the
following additional requirements:
(a) Each partial self-service gasoline facility shall have
a qualified attendant on duty whenever the station is
open for business. It shall be the duty of the qualified
attendant to control and operate both the console
regulating the flow of gasoline to the dispensing
equipment thereafter to be operated by the customer
at the self-service pump island and the dispensing
equipment on the other pump islands.
(b) Gasoline shall at no time be dispensed without the
direct supervision of the qualified attendant. A
control shall be provided which will shut off the flow
of gasoline to the dispensing equipment at the self-
service pump island whenever the qualified atten-
dant is absent from the control console for any
reason whatever, including when he is operating the
dispensing equipment on the other pump islands.
(c) The console regulating the flow of gasoline to the
remote dispensing equipment thereafter operated by
the customer at the self-service pump island shall be
situated in such a manner as to give the qualified
attendant controlling said console an unobstructed
view of the operation of said remote dispensing
equipment.
(d) The self-service pump island shall have controls on
all pumps that will permit said pumps to operate
only when a dispensing nozzle is removed from its
bracket on the pump and the switch for this pump is
manually operated.
(e) The self-service pump island shall be protected by an
automatic fire-protection system in the form of an
approved system of dry powder release which will
act as an automatic fire extinguisher.
10083 7-25-89
§ 100-101 SOUTHOLD CODE § 100-101
(f) No customer shall be permitted to dispense gasoline
unless he shall possess a valid motor vehicle
operator's license.
(g) There shall be no latch-open device on any self-
service dispensing nozzle.
(14) Private transportation service, including garage and
maintenance facilities.
C. [Amended 5-9-89 by L.L. No. 6-19891 Accessory uses. The
following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by
Article XX, are subject to site plan review:
(1) Accessory uses set forth in and as regulated by § 100-
31C(1) through (8) of the Agricultural-Conservation
District, subject to the conditions set forth in § 100-33
thereof.
(2) Wall signs as set forth and regulated in§ 100-81C(2)(b)of
the Limited Business District.
(3) Freestanding or ground signs. Where the building is set
back twenty-five(25)feet or more from the street,one(1)
sign, single- or double-faced, not more than twenty-four
(24)square feet, the lower edge of which shall be not less
than four (4) feet above the ground, unless attached to a
wall or fence and the upper edge of which shall not
extend more than fifteen(15) feet above the ground shall
be permitted, which sign shall be set back not less than
fifteen (15) feet from all street and property lines and =_
shall advertise only the business conducted on the
premises. As used in this subsection, the word"premises"
shall mean all contiguous property in common
ownership.
(4) Open storage of materials or equipment, provided that
such storage shall be at least twenty-five (25) feet from
any lot line, not be more than six (6) feet high and be
suitably screened by a solid fence or other suitable means
of at least six (6) feet in height.
10084 7-25-89
§ 100-102 ZONING § 100-111
§ 100-102. Bulk, area and parking requirements.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the B District unless the same
conforms to the Bulk Schedule and Parking and Loading Schedules
incorporated into this chapter by reference, with the same force and
effect as if such regulation were set forth herein in fu11.21
ARTICLE XI
Marine I (MI) District
[Added 1-10-89 by L.L. No. 1-198922]
§ 100-110. Purpose.
The purpose of the Marine I (MI)District is to provide a waterfront
location for a limited range of water-dependent and water-related
uses, which are those uses which require or benefit from direct access
to or location in marine or tidal waters but which are located within
the town's tidal creeks or natural coves.
§ 100-111. Use regulations.
In an MI District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part,for any
uses except the following-
A.
ollowingA. [Amended 5-9-89 by L.L. No. 6-19891 Permitted uses. The
following uses are permitted uses and, except for those uses
permitted under Subsection A(1) hereof, are subject to site
plan approval by the Planning Board:
(1) One (1) one-family detached dwelling per single and
separate lot of record in existence as of the date of
adoption of this Article.
21 Editor's Note: The Bulk Schedule is included at the end of this chapter,and the Parking
and Loading Schedules are in§§ 100-191 and 100-192.
22 Editor's Note: This local law also repealed former Art Xl, General Regulations, as
amended.
10085 7-25-89
§ 100-111 SOUTHOLD CODE § 100-111
(2) Marinas for the docking, mooring and accommodation of
recreational or commercial boats, including the sale of
fuel and oil primarily for the use of boats accommodated
in such marinas.
(3) Boat docks, slips, piers or wharves for pleasure or fishing
trips or for vessels engaged in fishery or shellfishery.
(4) Boatyards for building, storing, repairing, renting,
selling or servicing boats, which may include the
following as an accessory use:office for the sale of marine
equipment or products, dockside facilities for dispensing
of fuel and, where pumpout stations are provided,
rest room and laundry facilities to serve overnight pa-
trons.
(5) Boat and marine engine repair and sales and display,
yacht brokers and marine insurance brokers.
(6) Buildings, structures and uses owned or operated by the
Town of Southold, school districts, park districts and fire
districts.
(7) Retail sale or rental of fishing, diving or bathing supplies
and equipment if accessory to a marina or boatyard or
ship's loft or chandlery.
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided, subject to site plan
approval by the Planning Board:
(1) Beach clubs, yacht clubs or boat clubs, including uses
accessory to them, such as swimming pools, tennis courts
and racquetball facilities.
(2) Mariculture or aquaculture operations or research and
development.
C. [Amended 5-9-89 by L.L. No. 6-19891 Accessory uses. The
following uses are permitted as accessory uses and,except for
residential accessory uses and signs, which are governed by
Article XX, are subject to site plan review:
10086 7-25-89
§ 100-111 ZONING § 100-121
(1) Accessory uses as set forth in and regulated by § 100-
31C(1) through (7) of the Agricultural-Conservation
District, and subject to the conditions of§ 100-33 thereof.
(2) Signs, as set forth in and regulated by§ 100-81C(2)of the
Limited Business District.
§ 100-112. Bulk, area and parking regulations.
No building shall be used and no building or part thereof shall be
erected or altered in the MI District unless the same conforms to the
Bulk Schedule and Parking and Loading Schedules incorporated into
this chapter by reference, with the same force and effect if such
regulations were set forth herein in full 23
ARTICLE XII24
Marine II (MII) District
[Added 1-10-89 by L.L. No. 1-1989]
§ 100-120. Purpose.
The purpose of the Marine II (MII) District is to provide a
waterfront location for a wide range of water-dependent and water-
related uses,which are those uses which require or benefit from direct
access to or location in marine or tidal waters and which, in general,
are located on major waterways, open bayfronts or the Long Island
Sound.
§ 100-121. Use regulations.
In the MII District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part, for any
uses except the following [one (1) use per eighty thousand (80,000)
square feet of land above mean high water, unless otherwise
specified]:
23 Editor's Note: The Bulk Schedule is included at the end of this chapter,and the Parking
and Loading Schedules are in§§ 100-191 and 100-192.
24 Editor's Note: Former Art.XII,Board of Appeals,was renumbered as Art,XXV11 1-10-
89 by LL No. 1-1989.
10087 7-25-89
§ 100-121 SOUTHOLD CODE § 100-121
A. [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The
following uses are permitted uses and, except for those uses
permitted under Subsection A(1) hereof, are subject to site
plan approval by the Planning Board:
(1) One (1) one-family detached dwelling per single and
separate lot of record in existence as of the date of
adoption of this Article.
(2) Marinas for the docking, mooring and accommodation of
recreational or commercial boats, including the sale of
fuel and oil primarily for the use of boats accommodated
in such marina.
(3) Boat docks, slips, piers or wharves for charter boats
carrying pasengers on excursions, pleasure or fishing
trips or for vessels engaged in fishery or shellfishery.
(4) Beach clubs, yacht clubs or boat clubs, including uses
accessory to them, such as swimming pools, tennis courts
and racquetball facilities.
(5) Boatyards for building, storing, repairing, renting,
selling or servicing boats, which may include the
following as an accessory use:office for the sale of marine
equipment or products, dockside facilities for dispensing
of fuel and, where pumpout stations are provided, rest
room and laundry facilities to serve overnight patrons.
(6) Mariculture or aquaculture operations or research and
development.
(7) Boat and marine engine repair and sales and display,
yacht brokers or marine insurance brokers.
(8) Buildings, structures and uses owned or operated by the
Town of Southold, school districts, park districts and fire
districts.
(9) Retail sale of rental of fishing, diving or bathing supplies
and equipment if accessory to a marina or boatyard or
ship's loft or chandlery.
10088 7-25-89
§ 100-121 ZONING § 100-121
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals, as hereinafter provided, subject to site plan
approval by the Planning Board:
(1) Restaurants, excluding outdoor counter service, drive-ins
or curb-service establishments. Such prohibition shall not
prevent service at tables on a covered or uncovered
terrace or porch incidental to a restaurant.
(2) Ferry terminals.
(3) Transient hotels or motels, subject to the following
conditions:
(a) The minimum area for such use shall be not less
than three (3) acres.
(b) The number of guest rooms permitted in the hotel or
motel shall be determined by the proportion of the
site utilized for such use and the availability of
public water and sewer. The maximum number of
guest units shall be one (1) unit per four thousand
(4,000) square feet of land with public water and
sewer.
(4) Fish processing plants.
(5) Fish markets, which may include a combination of
wholesale and retail sale of finfish and shellfish.
(6) Museums with a nautical theme or art galleries.
C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The
following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by
Article XX, are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-
31C(1) through (7) of the Agricultural-Conservation
District, and subject to the conditions of§ 100-33 thereof.
(2) Signs,as set forth in and regulated by§ 100-81C(2)of the
Limited Business District.
10089 7-25-89
§ 100-122 SOUTHOLD CODE § 100-131
§ 100-122. Bulk, area and parking regulations.
No building shall be used and no building or part thereof shall be
erected or altered in the MII District unless the same conforms to the
Bulk Schedule and Parking and Loading Schedules incorporated into
this chapter by reference, with the same force and effect if such
regulations were set forth herein in fu11.25
ARTICLE XIII
Light Industrial Park/Planned Office Park
(LIO) District
[Added 1-10-89 by L.L. No. 1-1989261
§ 100-130. Purpose.
The purpose of the Light Industrial Park/Planned Office Park
(LIO) District is to provide opportunity for the location of business
and professional offices, research facilities, industrial uses and similar
activities in an open, campus-like setting in areas which are not
appropriate for commercial activity or low-density residential
development. In this area, such uses can be established in an
attractive environment and serve both as a means of preserving the
open qualities of an area and providing an area adjacent to hamlet
areas where such uses can be appropriately developed with suitable
protection for ground- and surface waters. All uses must conform to
Suffolk County Health Department standards.
§ 100-131. Use regulations.
In the LIO District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part,for any
purpose except the following.
25 Editor's Note: The Bulk Schedule is included at the end of this chapter,and the Parking
and Loading Schedules are in§§ 100-191 and 100-192.
26 Editor's Note: This local law also repealed former Art. XIII, Site Plan Approval, as
amended. For current provisions,see Art.XXV,Site Plan Approval.
10090 7-25-89
§ 100-131 ZONING § 100-131
A. [Amended 5-9-89 by L.L. No. 6-19891 Permitted uses. The
following uses are permitted uses and, except for those uses
permitted under Subsection A(1) hereof, are subject to site
plan approval by the Planning Board:
(1) Any permitted uses set forth in and as regulated by
§ 100-31A(2) and (3) of the Agricultural-Conservation
District.
(2) Any permitted uses set forth in and as regulated by
§ 100-101A(3) to (5) of the General Business District.
(3) Office buildings for businesses, governmental and
professional uses, including administrative training, data
processing, publication, financial and sales offices.
(4) Telephone exchanges.
(5) Buildings, structures and uses owned or operated by the
Town of Southold, school districts, park districts and fire
districts.
B. Uses permitted by special exception of the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals as hereinafter provided, subject to site plan
approval by the Planning Board:
(1) Any special exception use set forth in and as regulated by
§ 100-10IB(5), (7) and (10) of the General Business
District.
(2) Light industrial uses involving the fabrication, reshaping,
reworking, assembly or combining of products from
previously prepared materials and which do not involve
the synthesis of chemical or chemical products other than
for pharmaceutical or research purposes or the process-
ing of any raw materials except agricultural raw
materials. Such uses may include industrial operations
such as electronic, machine parts and small component
assembly, as opposed to heavy industrial operations such
as automobile assembly or milling activities, and will be
subject to the following conditions:
10091 7-'z5-89
§ 100-131 SOUTHOLD CODE § 100-131
(a) No such process or operation shall involve the
handling, storage or discharge of explosives or
permit upon the premises any virus or other type of
infectious organisms identified with diseases of
animals or humans.
(b) No offensive noises, gases, fumes,smoke, odors, dust,
effluent or vibrations shall emanate from such use
and no waste products shall be discharged therefrom
of a character to create a nuisance or to be injurious
to health or to negatively impact groundwater.
(c) Such processes shall involve the use of only oil,gas or
electricity for fuel.
(3) Conference facilities, subject to the following conditions:
(a) Where rooms are provided for conference attendees,
said rooms are permitted as set forth and regulated
by § 100-61B(4) of the Resort Residential (RR)
f District. [Amended 5-23-89 by L.L. No. 7-1989]
(4) Public utility structures and uses.
(5) Printing or publishing plants.
(6) Truck or bus terminals (garages, parking facilities,
loading docks, etc.).
(7) Food processing and packaging plants, not including fish
processing plants.
(8) Wholesale and retail sales and repair of boats and marine
items.
(9) Boat building, boat servicing and boat storage facilities.
(10) Restaurants.
(11) Sauerkraut manufacturing plants.
(12) Basic Utility Stage II airport, subject to the following
conditions:
10092 7-25-89
§ 100-131 ZONING § 100-131
(a) Minimum parcel size shall be one hundred (100)
acres.
(13) Bed-and-breakfast uses as set forth in and as regulated
by § 100-31B(15), provided that no site plan approval is
required.
C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The
following uses are permitted as accessory uses and,except for
residential accessory uses and signs, which are governed by
Article XX, are subject to site plan review:
(1) Accessory uses on the same lot with and customarily
incidental to any permitted or special exception use and
not involving a separate business.
(2) Wall signs as set forth in and regulated by § 100-
81C(2xb) of the Limited Business District, limited to a
maximum size of thirty (30) square feet in area.
(3) Freestanding or ground signs as set forth in and
regulated by § 100-101C(3) of the General Business
District.
(4) Fully enclosed storage facilities incidental to the principal
use.
(5) Open storage as set forth in and regulated by § 100-
101C(4) of the General Business District.
(6) Indoor and outdoor recreation facilities for the exclusive
use of executives and employees of the principal use and
their families.
(7) In-service training schools for employees of the principal
use.
(8) Private garages for the storage and service of motor
vehicles owned by the owner of the principal use or the
executives or employees thereof, or visitors thereto,
including the sale of them, but not to the public generally
of gasoline, oil and minor accessories.
100.93 7-25-89
§ 100-131 SOUTHOLD CODE § 100-140
(9) Central heating and power plants accessory to the
principal use and the service of all structures on the
premises.
(10) Maintenance and utility shops incidental to the principal
use.
(11) Off-street parking and loading. Said areas shall not be
nearer than fifty (50) feet to any lot line or street and, if
generally adjacent to any street or any residence district,
shall be suitably screened by a landscaped strip of at least
ten (10) feet in width.
§ 100-132. Bulk, area and parking regulations.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the LIO Light Industrial Park/
Planned Office Park District unless the same conforms to the Bulk
Schedule and Parking and Loading Schedules incorporated into this
chapter by reference, with the same force and effect as if such
regulations were set forth herein in fu11.27
ARTICLE XIV28
Light Industrial (LI) District
[Added 1-10-89 by L.L. No. 1-19891
§ 100-140. Purpose.
The purpose of the Light Industrial (LI) District is to provide an
opportunity for business and industrial uses on smaller lots than
would be appropriate for the LIO Light Industrial Park/Planned
Office Park District.
27 Editors Note: The Bulk Schedule is included at the end of this chapter,and the Parking
and Loading Schedules are in§§ 100-191 and 100-192.
28 Editor's Note: Former Art.XIV,Administration and Enforcement,was renumbered as
Art_XXV111 1-10-89 by L.L No. 1-1989.
10094 7-25-89
§ 100-141 ZONING § 100-141
§ 100-141. Use regulations.
In the LI District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is
arranged, intended or designed to be used, in whole or in part, for any
purpose except the following.
A. [Amended 5-9-89 by L.L. No. 6-1989] Permitted uses. The
following uses are permitted uses and, except for those uses
permitted under Subsection A(1) hereof, are subject to site
plan approval by the Planning Board:
(1) Any permitted uses set forth in and as regulated by
§ 100-31A(2) and (3) of the Agricultural-Conservation
District.
(2) Any permitted uses set forth in and as regulated by
§ 100-131A(2)to(5)of the Light Industrial Park/Planned
Office Park District.
B. Uses permitted by special exception of the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals as hereinafter provided and subject to site
plan approval by the Planning Board:
(1) Any special exception use set forth in and as regulated by
§ 100-131B(l) to (11) of the Light Industrial Park/
Planned Office Park District.
(2) Bed-and-breakfast uses as set forth in and as regulated
by § 100-31B(15), provided that no site plan approval is
required.
C. [Amended 5-9-89 by L.L. No. 6-19891 Accessory uses. The
following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by
Article XX, are subject to site plan review:
(1) Accessory uses on the same lot with and customarily
incidental to any permitted or special exception use and
not involving a separate business.
10095 7-25-89
§ 100-141 SOUTHOLD CODE § 100-150
(2) Wall signs as set forth and as regulated by § 100-
81C(2xb) of the Limited Business District, limited to a
maximum of thirty (30) square feet in area.
(3) Freestanding or ground signs as set forth in and as
regulated by § 100-101C(3) of the General Business
District.
(4) Accessory uses as set forth in and as regulated by§ 100-
131C(3)and(7)through(10)of the Light Industrial Park/
Planned Office Park District.
§ 100-142. Bulk, area and parking regulations.
No building or premises shall be used and no building or part
thereof shall be erected or altered in the LI Light Industrial District
unless the same conforms to the Bulk Schedule and Parking and
Loading Schedules incorporated into this chapter by reference, with
the same force and effect as if such regulations were set forth herein
in full.29
ARTICLE XV30
Density, Minimum Lot Size and Bulk Schedules
[Added 1-10-89 by L.L. No. 1-19891
§ 100-150. Repeal of existing schedule; incorporation of new
schedules.
The existing Bulk and Parking Schedule incorporated into this
chapter,by reference is hereby repealed, and the Density, Minimum
Lot Size and Bulk Schedules hereinafter set forth are substituted in
place thereof.31
29 Editor's Note: The Bulk Schedule is included at the end of this chapter,and the Parking
and Loading Schedules are in§§ 1(k)-191 and 100-192.
'10 Editor's Note: Former Art.XV,Amendments,was renumbered as Art.XXIX 1-10-89 by
1-1-No.1-1989.
31 Editor's Note: The Density, Minimum Lot Size and Bulk Schedules are included at the
end of this chapter.
10096 7-25-89
§ 100-151 ZONING § 100-180
§ 100-151. Conformance required.
Except as otherwise provided in this chapter, no building or
premises shall be used or occupied and no building or structure or
part thereof shall be erected or altered in a use district unless the
same conforms to the Density and Minimum Lot Size Schedules and
the Bulk Schedules hereinafter set forth.32
ARTICLE XVI
(Reserved)
ARTICLE XVII
(Reserved)
ARTICLE XVIII
Cluster Development
[Added 1-10-89 by L.L. No. 1-1989]
§ 100-180. Purpose.
The purpose of this Article is to encourage flexibility and innovation
in the design of residential development that cannot be achieved on
many sites through adherence to traditional zoning and subdivision
regulations. Further, the application of the cluster development
technique is intended to achieve:
A. Maximum reasonable conservation of land and protection of
groundwater supply and groundwater recharge areas.
B. Preservation of agricultural activity by encouraging retention
of large continuous areas of agricultural use.
(Cont'd on page 10097)
32 Editor's Note: The Density, Minimum Lot Size and Bulk Schedules are included at the
end of this chapter.
10096.1 7-25-89
§ 100-180 ZONING § 100-181
C. Variety in type and cost of residential development, thus
increasing the choice of housing types available to town
residents.
D. Preservation of trees and outstanding natural features,
prevention of soil erosion, creation of usable open space and
recreation areas and preservation of scenic qualities of open
space.
E. A shorter network of streets and utilities and more efficient
use of energy than would be possible through strict application
of standard zoning.
§ 100-181. Applicability.
A. On lots of ten (10) or more acres in the Agricultural-
Conservation, the R-40 and R-80 Districts and the Low-
Density Residential R-120, R-200 and R-400 Districts,
clustering will be required, subject to the following conditions:
(1) The residential use will be single-family detached homes
for lot sizes of thirty thousand (30,000) square feet or
larger and detached or attached houses for lot sizes less
than thirty thousand (30,000) square feet.
(2) The density of these homes will be as specified in the
particular district and determined as indicated in
Subsection C below.
(3) The minimum lot size shall be:
(a) Without public water and sewer: thirty thousand
(30,000) square feet.
(b) With public water: twenty thousand (20,000) square
feet.
(c) With public water and sewer: ten thousand (10,000)
square feet.
B. In the Low-Density Residential Districts, to wit, the A-C
Agricultural-Conservation, R-80, R-120. R-200 and R-400
Districts,clustering is permitted and may be mandated by the
Planning Board in the exercise of discretion without the
10097 2-25-89
§ 100-181 SOUTHOLD CODE § 1(X)-181
requirement that the owner make written application for the
use of such procedure.
-C. Determination of density and zoning modifications.
(1) An application for cluster development shall include a
map or maps showing the proposed cluster design or
designs offered for consideration by the Planning Board,
together with a map which shall be prepared for
consideration as a standard subdivision conforming to all
requirements of the Zoning Code and Subdivision
Regulations33 of the Town of Southold.
(2) The total building lot yield of the standard subdivision
shall be used to determine the yield in the number of
building lots which the Planning Board may grant in a
cluster development. A cluster development design may
be prepared for any contiguously owned holdings,
whether or not they are separated by an existing street
offering direct access to such holdings. In all other cases,
the holdings shall be considered as separate parcels.
(3) In a cluster development, lot area, width, depth, front
yard, rear yard and side yards may be reduced to less
than the minimum requirements set forth in the bulk
schedule, provided that such modification or changes
shall not result in a greater average density or coverage
of dwelling units than is permitted in the zoning district
wherein the land lies.
D. The area of a cluster development shall be in a single
ownership or under unified control.
E. Prior to the issuance of a building permit in a cluster
development, a site plan shall be submitted to and approved
by the Planning Board in accordance with Article XXV of this
chapter and the following conditions:
(1) Said site plan shall include areas within which structures
may be located, the height and spacing of buildings, the
location of open spaces and their landscaping, off-street
open and enclosed (if any) parking spaces and streets.
33 Editors Note: See Ch.A106.Subdivision of Land.
10098 2-25-89
§ 100-181 ZONING § 100-181
trails, site easements and recreation facilities, driveways
and any other physical features relevant to the proposed
plan and determined to be necessary by the Planning
Board.
(2) Said site plan shall include a statement setting forth the
nature of all proposed modifications of existing zoning
provisions.
F. Nothing contained in this chapter shall relieve the owner or
his agent or the developer of a proposed cluster development
from receiving final plat approval in accordance with the
Town Subdivision Regulations.34 In approving the final plat
for a cluster development, the Planning Board may modify the
acreage requirement for recreation areas as set forth in the
town's rules governing subdivision review, provided that the
common land dedicated meets all other requirements of the
Town Subdivision Regulations.
G. Common areas.
(1) The Planning Board shall establish such conditions on the
ownership, use and maintenance of common areas,
including open space, as it deems necessary to assure the
preservation of such areas for their intended purpose.
Common areas and/or open space may either be retained
by a condominium corporation or it may be deeded to a
homeowners' or homes association comprised of the
residents of the subdivision and reserved for their use or
other mechanism acceptable to the Town Board and
Town Attorney. Said common areas may be used for
agricultural use, for passive recreational uses, for visual
amenity and/or nature study or for necessary accessory
uses such as parking.
(2) A cluster development shall be organized as one(1)of the
following a condominium corporation; a homes or a
homeowners' association approved by the Federal
Housing Administration for mortgage insurance as a
planned unit development and the Town Board; a homes
association approved by the Town Attorney and Town
34 Editor's Note: See Ch.A106.Subdivision of Land.
10099 2- -89
§ 1(N►-1131 ZONING § 1()0-1231
Board.or any other arrangements approved by the Town
Attorney- and Town Board as satisfying the intent of this
chapter. Whenever a homes association is proposed, the
Town Board shall retain the right to review and approve
the Articles of Incorporation and the charter and bylaws
of said homes association and any amendments or
revisions thereof and to require whatever conditions
deemed necessary to ensure that the intent and purpose
of this chapter is carried out. In consideration of said
approval, the Town Board shall, in part, require the
cluster development to meet the following conditions:
(a) A homes association shall be established as a not-for-
profit corporation operating under recorded land
agreements through which each lot owner, and any
succeeding owner according to the deed to each unit,
is automatically a member and each lot is automat-
ically subject to a charge for a proportionate share of
the expenses for the organization's activities,
including real property taxes and the maintenance
of the common land and facilities. Each lot shall be
subject to a lien in the event of nonpayment by the
owner thereof of his proportionate share of the
expenses for the association.
(b), Title to all common property shall be placed in the
homes association or definite and acceptable assur-
ance shall be given that it automatically will be so
placed within a reasonable period of time.
(c) Each lot owner shall have equal voting rights in the
association and shall have the right to the use and
enjoyment of the common property.
(d) Once established and title to the common land is
conveyed to the homes association, all responsibility
for operation and maintenance of the common land
and facilities shall lie Nvith the homes association.
(e) Dedication of all common areas shall be recorded
directly on the final plat and/or by reference on that
plat to a dedication in a separately recorded
10100 2-2s-89
§ 10()-181 "ZONING § 1()(,-181
document. Resubdivision of such areas is prohibited.
The dedication shall:
[1] Save the title to the common property to the
homes association free of any cloud of implied
public dedication.
[2] Commit the developer to convey the areas to the
homes association at an approved time.
[3] Grant easement of enjoyment over the area to
the lot owners, subject to restrictions as shall be
imposed by recorded restrictive covenants.
[4] Give to the homes association the right to
borrow for improvements upon the security of
the common areas.
[5] Grant to the homes association the right to
suspend membership rights for nonpayment of
assessments or infraction of established rules.
H. Covenants shall be established, limiting all lots to one-family
use and all common lands to open space uses approved by the
Town Board. No structures may be erected on such common
lands except as shown on the approved site plan and approved
by the Town Board. Such deed restriction or covenant shall
specifically prohibit any development for other than open
space or agricultural use on the specified open land and/or
conservation area.
I. Each deed to each lot sold shall include by reference all
recorded declarations and other restrictions, including
assessments and the provision for liens for nonpayment of
such.
J. The homes association shall be perpetual; it shall purchase
insurance, pay taxes, specify in its charter and bylaws an
annual homeowner's fee, make provision for assessments and
provide that all such charges become a lien on each lot in favor
of said association. The association shall have the right to
proceed in accordance with all necessary legal action for the
foreclosure and enforcement of liens,and it shall also have the
right to commence action against any member for the
10101 25ti„
§ 100-181 SOUTHOLD CODE § 100-181
collection of any unpaid assessment in any court of competent
jurisdiction.
K. The developer shall assume all responsibilities as previously
outlined for the homes association until a majority of the
dwelling sites are sold, at which time the homes association
shall be automatically established by the developer at the
developer's expense and title to the common area conveyed by
the developer to the homes association.
L. Prior to plat approval, the developer shall file a performance
bond with the Town Board to ensure the proper installation of
all required improvements, including recreation improve-
ments, and a maintenance bond to ensure the proper
maintenance of all common lands until the homes association
is established and title to the common lands is conveyed to the
homes association. The amount and terms of said bonds and
the form, sufficiency, manner of execution and sufficiency of
the surety shall be approved by the Town Board and the Town
Attorney.
M. The certificate of incorporation of the organization and its
bylaws shall contain the following provisions,and notice of said
provisions shall be specifically given in any brochure or
prospectus issued by the developer:
(1) That such organization is established to own and
maintain common open space or common elements and
that, if such organization or any successor organization
shall, at any time after title to such common land and
other common elements is conveyed to it, fail to maintain
the common open space and other common elements in
reasonable order and condition in accordance with the
plan proposed, the Town Board may cause a written
notice to be served by certified mail upon such organiza-
tion,at its address as shown upon the last completed town
assessment roll, or in the same manner upon the owners
of the lots in such subdivision at their address as shown
upon the last completed assessment roll, which such
notice shall set forth:
10102 2-25-89
§ 100-181 ZONING § 100-190
(a) The particulars in which the common open space
and other common elements have not been main-
tained in reasonable order and condition:
(b) A demand that such deficiencies in maintenance
shall be remedied within thirty (30) days from the
date of such notice;
(c) That, upon the failure to remedy such default in
maintenance within the time specified, the Town
Board will hold a hearing upon the matter upon not
less than five (5) days' notice in writing sent by
certified mail to such organization or to such lot
owners;
(d) That, after such hearing, the Town Board may take
such action as it deems appropriate to provide for
the proper maintenance of such common open space
and common elements; and
(e) That any and all costs and expenses incurred by the
town for such purposes may be assessed upon all of
the lots in such subdivision and be collected in the
same manner and at the same time as real property
taxes are collected in the Town of Southold.
N. The Town Board, in order to ensure that the open space will be
used for its intended purposes, shall have the continuing right
to impose building controls and restrictions on the use and
maintenance of the common open space lands.
f ARTICLE XIX
Parking and Loading Areas
[Added 1-10-89 by L.L. No. 1-19891
§ 100-190. Purpose.
Regulations for off-street parking and truck loading areas are
imposed in order to minimize traffic congestion, air pollution and the
risk of motor vehicle and pedestrian accidents and to address aesthetic
considerations.
10103 2-25-89
§ 100-191 SOUTHOLD CODE § 100-191
§ 100-191. Off-street parking areas.
A. Off-street parking spaces, open or enclosed, are permitted
accessory to any use specified below. Any land which is
developed as a unit under single ownership and control shall
be considered a single lot for the purpose of these parking
regulations. Reasonable and appropriate off-street parking
requirements for structures and uses which do not fall within
the categories listed below shall be determined by the
Planning Board upon consideration of all factors entering into
the parking needs of each use. For those uses not specified in
the schedule, there shall be a periodic monitoring of off-street
parking conditions to ensure that the purpose of this Article is
satisfied. In addition, the Planning Board may waive all or a
portion of these requirements within the Hamlet Business
District where it shall find that municipal parking facilities
within three hundred (300) feet of the proposed use will
adequately serve the proposed use.
Required Number of
Type of Use Parking Spaces
Accessory apartment in existing 1 per accessory apartment in
1-family dwelling addition to 2 for 1-family dwell-
ing
Antique shop, auction gallery, 1 per 250 square feet of sales
arts and crafts shop and work- area
shop
Apartment over store 1 per apartment in addition to
business requirements
Auditorium, meeting hall 1 per 50 square feet of seating
area, but not less than 1 per 4
seats where provided
Automobile laundry 1 per employee, plus a 10-space
queuing line area for each laun-
dry bay
1010.1 2-25-Ks,
§ 100-191 ZONING § 100-191
Required Number of
Type of Use Parking Spaces
Bank 10 spaces or 1 space for each
100 square feet of gross floor
area or 3 spaces per teller,
whichever is greatest, plus a 5-
space queuing area for each
drive-in teller
Beach club or swim club 2 spaces per 3 members
Bed-and-breakfast enterprise 1 space per guest room in addi-
tion to residential requirements
Boardinghouse or tourist house 1 space per guest room in addi-
tion to residential requirements
Boat and marine engine repair 1 space per 250 square feet of
and sales, if separate from ma- gross floor area
rina
Boatyard, including boat sales Sales and rental portion, 3
and rentals spaces, in addition to marina re-
quirements
Bowling lane At least 4 spaces per lane
Building, electrical or plumbing 1 space for each employee, plus
contractor's business or yard 2 spaces
Cold storage plant 3 spaces or 1 per 800 square
feet of gross floor area
College 0.5 space per student, plus 0.75
space per staff member
Conference facilities 1 space per 4 seats in the larg-
est assembly hall or meeting
area, plus 1 space for each 4
seats in classroom facilities
Drinking establishment 1 space per 3 seats or 1 space
per 100 square feet of floor
space, whichever is greater
10105 2-25-89
§ 100-191 SOUTIIOLD CODE § 100-191
Required Number of
Type of Use Parking Spaces
Fish market. including whole- l space per 200 square feet of
sale and retail sale of finfish gross floor area
and/or shellfish
Food processing and packaging 0.75 space per employee or 1
including fish processing space per 500 square feet of
gross floor area, whichever is
greater
Fraternal or social office or See "office"
meeting hall
Funeral home 1 space for each 3 seats pro-
vided therein or 1 space for
each 100 square feet of space
available for public use, which-
ever is greater, with a minimum
of 25 spaces
Gasoline service station, partial 3-space queuing area for each
self-service pump, plus 1 space for each em-
ployee
Gasoline service station with mi- Same as gasoline service station
nor indoor repair facility above, plus 2 for each bay
Greenhouse, floral shop, flower 1 space per employee, plus 3
shop, nursery or similar facility, spaces, or 1 space per 200
either enclosed or unenclosed square feet of sales and/or dis-
play area, whichever is greater
Home occupation, including 3 spaces per home occupation,
home professional office, except plus 2 spaces required for sin-
physician or dentist gle-family residence
Hospital 1 space for each bed ,
Hotel or motel, resort and tran- 1 space for each guest room and
sient 1 for each employee or 1 space
per guest room, whichever is
greater, plus accessory use !
parking as required
10106 , -25-ss
§ 100-191 ZONING § 100-191
Required Number of
Type of Use Parking Spaces
In-service training facilities for See "conference facilities"
employees
Laundry plant or dry-cleaning 1 per employee, plus 1 per 200
plant square feet of customer service
area
Laundromat 0.75 space per washing machine
Library, museum or art gallery See "auditorium"
Light industrial uses 1 per employee or 1 per 500
square feet of floor area, which-
ever is greater
Mariculture/aquaculture busi- See "light industrial"
ness
Marina 1 space per boat slip, mooring,
dock space or similar unit of ca-
pacity, plus 1 space per em-
ployee
Membership club, country club, At least 1 for each 2 members
golf club or public golf course, or accommodations (such as
tennis club lockers), whichever is greater,
plus 1 for each employee
Motor vehicle or mobile home 1 per each 600 square feet of
salesroom or outdoor sales lot, showroom and sales lot area,
including rental of equipment plus 1 per employee
Multiple dwelling (3 or more
families)
Studio 1.5 per dwelling unit
1-bedroom 1.5 per dwelling unit
2-bedroom 2.0 per dwelling unit: 0.25 space
is required for each bedroom in
excess of the first 2 bedrooms
Nursing home or proprietary _ 1 for each bed
rest home
10107 2-25- n4
§ 100-191 SOUTHOLD CODE § 100-191
Required Number of
Type of Use Parking Spaces
Office, business. governmental 1 per 100 square feet of office
and professional, except physi- floor area
cians or dentists
Office for physician or dentist 5 spaces per physician or dentist
1-family detached dwelling 2 spaces per dwelling
Personal service shop, barber- 2.5 spaces per service chair
shop or beauty parlor
Philanthropic, eleemosynary or 1 space per bed
religious institution
Place of worship See "auditorium"
Printing or publishing plant See "light industrial"
Professional studio or travel See "office"
agency
Recreational facility, fully en- 1 space for each 300 square feet
closed, commercial of gross floor area, except court
sports: 5 spaces per court, and
rink sports: 1 space per 200
square feet of rink area
Repair garage 4 spaces per bay, plus 1 space
per employee
Repair shop for household, busi- 1 space per 200 square feet of
ness or personal appliances customer service area
Research, design or development See "light industrial"
laboratory
Restaurant, drive-in, curb ser- 1 space per 2 seats or 1 space
rice or fast-food per 50 square feet of floor space,
whichever is greater
Restaurant, except drive-in 1 space per 3 seats or 1 space
per 100 square feet of floor
space, whichever is greater
10108 -ss-N9
• § 100-191 ZONING § 100-191
Required Number of
T�rpe of Use Parking Spaces
Retail sale or rental of fishing, If separate use, see "retail shop";
diving or bathing supplies or if accessory use, 1 space for
equipment; ship's loft or each employee, plus 2 spaces in
chandlery addition to primary use
Retail shop or store, other than At least 1 per 200 square feet of
those listed herein gross floor area
Roadside farm stand Minimum of 4 spaces per stand
School, elementary 2 spaces per classroom, plus au-
ditorium requirement
School, secondary 2 spaces per classroom, plus 1
per 10 students, or auditorium
requirement, whichever is
greater
Shop for custom work and for See "retail store"
making articles to be sold at re-
tail on the premises
Storage yard 1 space per employee, plus 4
spaces, or 1 space for each 5,000
square feet of storage area,
whichever is greater
Theater or cinema, other than See "auditorium"
outdoor
Tourist camp 1 space for each accommodation,
plus 1 space for each employee,
plus 3 spaces for visitors
Townhouse See "multiple dwelling unit"
2-family detached dwelling 3 spaces per dwelling
Veterinarian and animal hospi- 2 spaces per employee or 1
tal space per 200 feet of gross floor
area, whichever is greater
Warehouse or storage building 1 per 1,000 square feet of gross
floor area
10109 2 -2.j-8y
§ 100-191 SOUTHOLD CODE § 1►►()-1�►1
Required Number of
Type of Use Parking Spaces
Wholesale business, including 1 per 1,000 square feet of gross
lumber and other building prod- floor area
ucts
Wholesale/retail beverage distri- 1 space per 150 square feet of
bution gross floor area
Wholesale/retail nursery and/or 1 space for each 200 square feet
sale of plants of gross floor area for retail use
or 1 space for each employee,
plus 3 spaces for wholesale use,
with minimum of 4 spaces
Yacht club Same as "marina"
B. Areas computed as parking spaces. Areas which may be
computed as open or enclosed off-street parking spaces include
any private garage, carport or other area available for
parking, other than a street or a driveway. However, a
driveway within a required front yard for a one-family or two-
family residence may count as one (1) parking space.
C. Size of spaces. Three hundred fifty (350) square feet shall be
considered one (1) space (to provide room for standing area
and aisles for maneuvering). Aisles between rows of parking
spaces shall be not less than twenty-two (22) feet wide, unless
reduced for sixty-degree-angle parking, in which case the aisle
space should be not less than sixteen (16) feet wide. Entrance
and exit lanes shall not be computed as parking space except
for driveways for one-family and two-family residences. The
minimum parking stall width shall be nine (9) feet, and the
minimum length shall be nineteen (19) feet.
D. Access. Unobstructed access to and from a street shall be
provided. Such access shall consist of at least one (1) fifteen-
foot lane for parking areas with more than four(4)spaces but
less than twenty (20)spaces, and at least two(2) ten-foot lanes
for parking areas with twenty (20) spaces or more. No
entrance or exit for any off-street parking area shall be
located within fifty (50) feet of any street intersection nor
exceed a grade of six percent (6%) within twenty-five (25) feet
10110 2-ss-N9
§ 100-191 ZONING § 100-191
of any street line nor ten percent(101/6) at any other point. All
points of ingress or egress shall be appropriately signed, unless
such signing is considered unnecessary by the Planning
Board.
E. Drainage and surfacing. All open parking areas shall be
property drained within the premises, and all such areas shall
be provided with a dustless surface, except for parking spaces
accessory to a one-family or two-family residence. Curbs.
paving, sidewalks and drainage facilities shall comply with
standards established in town ordinances, regulations or
specifications and shall be approved and constructed under the
supervision of the Superintendent of Highways or his agent.
F. Joint facilities. Required parking spaces, open or enclosed,
may be provided in spaces designed to serve jointly two (2) or
more establishments, whether or not located on the same lot,
provided that the number of required spaces in such joint
facilities shall be not less than the total required for all such
establishments.
G. Combined spaces. When any lot contains two (2) or more uses
having different parking requirements, the parking require-
ments for each use shall apply to the extent of that use. Where
it can be conclusively demonstrated that one (1) or more such
uses will be generating a demand for parking spaces
primarily during periods when the other use or uses is not or
are not in operation, the Planning Board may reduce the total
parking spaces required for that use with the least require-
ment.
H. Location and ownership. Required accessory parking spaces,
open or enclosed, shall be provided upon the same lot as the
use to which they are accessory or elsewhere, provided that all
spaces therein are located with two hundred(200)feet walking
distance of such lot. In all cases, such parking spaces shall
conform to all the regulations of the district in which parking
spaces are located, and in no event shall such parking spaces
be located in any residence district unless the use to which the
spaces are accessory is permitted in such residence district or
upon approval by the Board of Appeals. Such spaces shall be
in the same ownership as the use to which they are accessory
10111 ., -2s -x4
§ 100-191 SOUTHOLD CODE § 100-191
and shall be subject to deed restrictions approved by the
Board, binding the owner and his heirs and assigns to
maintain the required number of spaces available either
throughout the existence of such use to which they are
accessory or until such spaces are provided elsewhere (unless
municipally owned spaces are utilized in accordance with
§ 100-191A above).
I. Lots divided by district boundaries. When a parking lot is
located partly in one district and partly in another district, the
regulations for the district requiring the greater number of
parking spaces shall apply to all of the lot. Parking spaces on
such a lot may be located without regard to district lines,
provided that no such parking spaces shall be located in any
residence district unless the use to which they are accessory is
permitted in such district or upon approval of the Board of
Appeals.
J. Parking regulations in multiple-dwelling or attached-dwelling
developments.
(1) Wherever space is provided for the parking of five (5)or
more vehicles in the open,such spaces shall be individual-
ly identified by means of pavement markings.
(2) No parking space shall be located in any front yard nor
within ten (10) feet of any lot line in side or rear yards.
(3) The parking of motor vehicles is prohibited within fifteen
(15) feet of any wall or portion thereof of a two- or more
family dwelling,which wall contains windows(other than
bathroom or kitehen windows) with a sill height of less
than eight(8) feet above the level of said parking space.
(4) No service of any kind shall be permitted to be extended
to users of the lot, including automobile service, repair or
fueling, and no gasoline, oil, grease or other supplies shall
be stored or sold in any such lot or in any garage on such
lot.
(5) Parking areas shall be screened by a substantial wall,
fence or thick hedge, approved by the Planning Board.
Generally, such screening shall not be less than four (4)
feet nor more than eight (8) feet in height.
10112 .,-2;-Rs
§ 100-1.91 ZONING § 100-191
K. Regulations for parking spaces adjacent to lots in an>
residence district.
(1) Wherever a parking area of over five (5) spaces abuts or
is within fifteen(15)feet of the side or rear lot line of a lot
in any residence district, said parking lot shall be
screened from such adjoining lot by a substantial wall,
fence or thick hedge approved by the Planning Board.
Generally, such screen shall be not less than four (4) feet
nor more than eight (8) feet in height.
(2) Whenever a parking area of over five(5)spaces is located
across the street from other land in any residence district,
it shall be screened from the view of such land by a thick
hedge, wall or fence, approved by the Planning Board,
located along a line drawn parallel to the street and a
distance of twenty (20) feet therefrom, such screening to
be interrupted only at points of ingress and egress.
Generally, no such screening shall be less than four (4)
feet nor more than six (6) feet in height. The open area
between such screening and the street shall be land-
soaped in harmony with the landscaping prevailing on
neighboring properties fronting on the same street. Two
(2) identification and directional signs located on the
street side of such screening shall be permitted; however,
they shall not exceed an area of three(3)square feet each.
L. Driveways. No driveway shall provide access to a lot located in
another district, which lot is used for any use prohibited in the
district in which such driveway is located.
M. Parking for special exception uses. Notwithstanding any other
provisions of this chapter, the Planning Board may increase
the parking requirements for special exception uses by up to
one hundred fifty percent (150%) of the minimum parking
requirements if it determines that such additional parking
requirements are necessary by reason of the nature of the use
and/or the characteristics of the site.
N. Traffic storage. All uses shall provide sufficient space on the
same lot so that any storage lanes for traffic will be provided
for and will not obstruct traffic or utilize public rights-of-way.
10113 89
§ 100 191 SOliTHOLD CODE. § 100-191
0. Illumination. Off-street parking areas should be adequately
illuminated for convenience and safety, but no lighting for
parking areas shall cause glare on adjoining properties.
P. Connections between abutting parking areas. Where appropri-
ate, the Planning Board may require paved connections
between abutting parking areas in different ownerships so as
to facilitate the flow of traffic.
Q. Supplemental regulations for private garages and off-street
parking areas in residence districts.
(1) Commercial vehicles.
(a) One (1) commercial vehicle not exceeding twenty-
five(25)feet in length may be parked on an occupied
lot in any residence district, but not within the
required yards of such lot and in no case between the
street line or side lines and the principal building.
(b) One (1) commercial vehicle not exceeding twenty-
five (25) feet in length may be parked within a
private garage in any residence district.
(c) Commercial farm vehicles are permitted as accesso-
ry to a commercial farm use in any residence
district.
(2) 'hailers and recreation vehicles. The storage or parking L, i
and use of a travel trailer or a recreation vehicle by any
person or persons, except as hereinafter provided, is
prohibited in all residential districts, except that:
(a) The keeping or storing of one (1) camp-type travel
trailer or recreation vehicle is permitted on a
premises if it is either owned or rented by the
occupants of such premises and is not kept for
purposes of sale or rental and is used solely for the
personal use of such occupants. Such camp-type
travel trailer or recreation vehicle shall not be
occupied as living quarters at any time and shall be
secured in place in the rear yard not nearer than
fifteen (15) feet to a side or rear lot line or to the
10114 2-25-89
§ 101-191 ZONING § 100-192
street, and the doors thereof shall be kept securely
locked.
(b) Such vehicle may not be parked within ten (10) feet
of a one-or two-family dwelling or fifteen (15) feet of
a multiple dwelling.
(3) Boats. One(1)boat may be parked in the rear yard of any
occupied lot not nearer than fifteen (15) feet to a rear or
side line or to any street.
§ 100-192. Off-street loading areas.
Off-street loading berths,open or enclosed, are permitted accessory
to any use (except one- or two-family residences), subject to the
following provisions:
A. Uses for which required. Accessory off-street loading berths
shall be provided for any use specified below. Any land which
is developed as a unit under single ownership and control shall
be considered a single lot for the purpose of such loading
requirements.
(1) For a public library, museum or similar quasi-public
institution, governmental building, community center,
hospital or sanatorium, nursing or convalescent home,
institution for children or the aged or school:
(a) With a floor area of five thousand (5,000) to twenty-
five thousand (25,000) square feet, one (1) berth.
(b) For each additional twenty-five thousand (25,000)
square feet or fraction thereof, one (1) additional
berth.
(2) For buildings with professional,governmental or business
offices or laboratory establishments:
(a) With a floor area of five thousand (5,000) to twenty-
five thousand (25.000) square feet, one (1) berth.
(b) For each additional twenty-five thousand (25.000)
square feet or fraction thereof up to one hundred
10115 -,-89
§ 100-192 SOUTHOLD CODE § 100-192
thousand (100,000) square feet, one (1) additional
berth.
(c) For each additional fifty thousand (50,000) square
feet or fraction thereof, one (1) additional berth.
(3) For buildings with offices and retail sales and service
establishments: one (1) berth for five thousand (5,000) to
twenty-five thousand (25,000) square feet of floor area,
and one (1) additional berth for each additional twenty-
five thousand (25,000)square feet of floor area or fraction
thereof to be used.
(4) For undertakers and funeral homes: one (1) berth for
each chapel.
(5) For hotels: one (1) berth for each two thousand five
hundred (2,500) square feet of floor area.
(6) For manufacturing, wholesale and storage uses and for
dry-cleaning and rug-cleaning establishments and
laundries: one (1) berth for five thousand (5,000) to ten
thousand (10,000) square feet of floor area in such use,
and one (1) additional berth for each additional ten
thousand (10,000) square feet of floor area or fraction
thereof so used. In addition, adequate reserved parking
for waiting trucks shall be provided.
B. Size of spaces. Each required loading berth shall be at least
fifteen(15)feet wide, fourteen(14)feet high and forty-five(45) z
feet long and in no event smaller than required to accommo-
date vehicles normally using such berths.
C. Location and access. Unobstructed access at least fifteen (15)
feet wide, to and from a street, shall be provided. Such access
may be combined with access to a parking lot. All permitted
or required loading berths shall be on the same lot as the use
to which they are accessory, except as provided in Subsection
D below. No entrance or exit for any off-street loading area
shall be located within fifty(50) feet of any street intersection.
No off-street loading berth shall be located in any required
front yard.
10116 '2-25-89
§ 100-19'2 ZONIN(; § 100-200
D. Joint facilities. Permitted or required loading berths, open or
enclosed, may be provided in spaces designed to serve jointly
t%ro (2) or more adjacent establishments. provided that the
number of required berths in such joint facilities shall not be
less than the total required for all such facilities.
E. Lots divided by district boundaries. When a lot is located
partly in one district and partly in another district, the
regulations for the district requiring the greater number of
loading berths shall apply to all of the lot. Loading berths on
such lot may not be located in any residence district unless the
use to which they are accessory is permitted in such district or
upon the approval of the Board of Appeals.
ARTICLE XX
Signs
[Added 1-10-89 by L.L. No. 1-19891
§ 100-200. Purpose.
The purpose of this Article is to regulate existing and proposed
signs in order to:
A. Protect property values.
B. Create a more attractive economic and business climate.
C. Enhance and protect Southold's physical appearance and
environment.
D. Preserve the historic and architectural heritage of the town.
E. Provide a more enjoyable and pleasing community.
F. Reduce sign or advertising distraction and obstructions that
may contribute to traffic accidents.
G. Reduce hazards that may be caused by signs overhanging or
projecting over public rights-of-way.
10117 2-25-X9
I
§ 100-201 SOUTHOLD CODE § 100-201
§ 100-201. Applicability; permit required; application; approval;
fees.
A. The provisions of this Article shall. apply in all districts.
B. Except as otherwise provided in this chapter, signs shall not
hereafter be erected, structurally altered, enlarged or moved
or reconstructed within the town unless a permit is obtained
from the Building Inspector and payment of the required fee
per sign in accordance with the Town of Southold fee as
specified in Subsection F below. The following two (2)
operations shall not be considered as creating a new sign and,
therefore, shall not require a new sign permit:
(1) Replacing copy: the changing of the advertising or
message on an approved sign which is specifically
designed for the use of replaceable copy.
(2) Maintenance: painting, cleaning and other normal
maintenance and repair of a sign or a sign structure,
unless a structural change is made or there is a change in
message.
C. Application for a sign permit shall be made on a form
provided by the Building Inspector, which application shall
include:
(1) The name, address and telephone number of the appli-
cant.
(2) The name, address and telephone number of the sign
maker.
(3) The location of the building,structure or land to which or
upon which the sign is to be erected.
(4) A color photo of the building upon which the sign is to be
erected.
(5) The size of the sign.
(6) A description of the construction details of the sign,
showing the lettering and/or pictorial matter composing
the sign, position of lighting or other extraneous devices.
10118 2-25-89
§ 100-201 ZONING § 100-202
(7) Sketches, drawn to scale and supporting information
indicating the location of the sign,colors,size and types of
lettering or other graphic representation and materials to
be used,electrical or other mechanical equipment, details
of its attachment and hanging. Samples of materials
should accompany the application where required by the
Building Inspector.
(8) The written consent of the owner of the property upon
which such sign or signs is or are to be erected and
maintained. In addition, such sign application shall be
accompanied by a fee as established by the Town Board
of the Town of Southold.
(9) Such other pertinent information as the Building
Inspector may require to ensure compliance with this
Article.
D. The Building Inspector shall review the proposed sign with
respect to all quantitative factors. The Planning Board may
approve signs which differ from the quantitative requirements
set forth in this Article, provided that a finding is made that
said sign or signs conform to the general design principles
outlined in§ 100-202 hereof, and provided further that no sign
shall violate the sign prohibitions and general restrictions
listed in § 100-203 herein.
E. After approval or approval with conditions by the Planning
Board, the Building Inspector shall issue a permit in
accordance with all applicable requirements.
F. No sign permit shall be issued prior to payment of a fee of
twenty-five cents($0.25)per square foot of sign area, but in no
event shall such fee be less than five dollars ($5.).
§ 100-202. General design principles.
Decisions on review of signs shall be guided by the following
general design principles:
A. Signs should be a subordinate part of the streetscape.
B. Signs should be as small as practicable.
10119 s-25-89
§ 100-202 SOUTHOLD CODE § 100-203
C. Signs should be as close to the ground as possible, consistent
with required safety and legibility considerations.
D. A sign should have an appropriate size relationship to the
building upon which it is placed.
E. Whenever feasible, multiple signs should be combined into one
(1)sign to avoid clutter.
F. A sign should not impair the visual effectiveness of neighbor-
ing signs.
G. Garish colors and materials should be avoided.
H. Signs which have dark background colors and light letters are
preferred in order to minimize the apparent size of signs
within the streetscape.
I. Generally, signs on the same building should be within the
same horizontal band and be of a similar height.
J. Except in carefully designed circumstances, signs should be
integrated with fences, walls or buildings and not be
freestanding.
K. Sign material should be durable, requiring little maintenance;
use of material such as corrugated plastic, natural aluminum,
bulbous plastic letters, nontextured plastic and glass tile
should be avoided.
§ 100-203. Prohibitions and general restrictions.
A. Unless otherwise provided herein, nonaccessory signs,
billboards and mobile signs shall be prohibited in all districts.
B. Flashing signs, including any sign or device on which the
artificial light is not maintained stationery and constant in
intensity and color at all times when in use, are prohibited.
C. Signs which compete for attention with or may be mistaken
for a traffic signal are prohibited. No sign shall be erected in
such a manner as to obstruct free and clear vision for drivers,
interfere with, mislead or confuse traffic or be located where,
by reason of its position, shape or color, such sign may
interfere with, obstruct the view of or be confused with any
10120 2-25-89
§ 100-20:3 ZONING § 100-204
authorized traffic sign, signal or device by making use of the
words "stop," "look" or any other word, phrase, symbol or
character or red, green or amber illumination or reflection.
D. Roof signs shall be prohibited.
E. Signs made out of cardboard, paper, canvas or similar
impermanent material are prohibited.
F. Standard, approved methods of constant illumination shall be
permitted on ground signs, wall signs and hanging signs:
provided, however, that the illumination shall be concentrated
upon the area of the sign so as to prevent direct glare upon the
street or adjacent property.
G. Signs with visible moving, revolving or rotating parts are
prohibited.
H. Except for holiday seasons or a period of fifteen(15)days from
the date of a grand opening, no sign or part thereof shall
consist of pennants, ribbons, streamers, spinners or other
similar moving, fluttering or revolving devices.
1. Signs noting that a property has been sold are prohibited.
J. No portable or temporary sign shall be placed on the front
face of any building or upon any lot, except as provided in
§ 100-205G herein.
K. No signs other than signs placed by agencies of the govern-
ment shall be erected on any public property, unless consent is
first obtained from the Planning Board. No sign shall be
placed on any private property without the consent of the
owner thereof. No sign shall be placed or painted on any tree
or rock. No sign shall be placed on any utility pole except for
utility identification or similar purposes.
§ 100-204. Limitation content or copy.
Information displayed on signs shall be limited to the name,address
and nature of the business and products available or activity for which
the building or premises is used.
10121 2-2s-xs
§ 1(0205 SOUTHOLD CODE § 100-205
§ 100-205. Specific regulations.
A. Illuminated signs.
(1) A sign illuminated by electricity from outside or within
or equipped in any way with electric devices or appli-
ances shall conform with respect to wiring and appliances
to the regulations of the New York State Board of Fire
Underwriters and shall bear the stamp of said Board. All
wiring shall be self-enclosed in metal raceways.
B. Freestanding and ground signs. Except for required caution-
ary or traffic control signs, one (1) freestanding sign shall be
permitted for each frontage of a property on a public street or
way where a building is setback at least twenty-five (25) feet
from the street line. Such signs are limited to either pole signs
with no guy wires or signs permanently affixed to a fence or
other wall separate from the principal building. All ground
signs shall be located within and not overhang the property
line.The location and design of such signs shall be chosen so as
not to present a hazard to pedestrian or vehicular traffic and
shall be twenty-five (25) feet from each side line and fifteen
(15) feet from the front and/or rear property line. The
maximum height of such signs shall be fifteen (15) feet.
C. Shopping center directory signs.
(1) The term"directory sign"shall mean any sign containing
a list of names of business establishments located within a
shopping center.
(2) Each shopping center shall,as a whole, be allowed one(1)
freestanding directory sign on the premises to be used for
the purposes of identifying the shopping center and the
various business establishments located within the
shopping center where the building or buildings are set
back twenty-five (25) feet from the street line. No
advertising of any sort shall be allowed on such sign. Said
sign shall not exceed fifteen (15)feet in height, measured
from the top of said sign to the mean level of the ground
surrounding the support of said sign. Each business
establishment name shall occupy no more than ten (10)
10122 2-2s-Ns
§ 100-205 ZONING § 100-205
square feet in total area. Said sign shall comply with all
other applicable provisions of this chapter.
(:3) A permit issued by the Building Inspector shall be
required for each shopping center directory sign erected
or maintained pursuant to this subsection. The applica-
tion for said permit must contain an architect's draining
of said directory sign as well as a survey indicating the
dimensions.of said sign, its location and setbacks. The
Building Inspector shall refer said applications, draw-
ing(s), survey(s) and other supporting papers to the
Planning Board for its approval and recommendations.
D. Interior signs. An interior sign or combination of signs shall
not cover more than ten percent (10%) of the total glass area
upon which, or in which, it is affixed, displayed or painted.
E. Wall signs.
(1) Wall signs shall not project more than twelve (12) inches
from the wall to which they are affixed.
(2) Within any business district, such signs shall not exceed
a height of three(3)feet and shall not extend higher than
the top of the parapet in case of one-story buildings. In
the case of buildings taller than one (1) story, such signs
shall not extend above the bottom of the sill of the
windows of the second story nor extend or be placed more
than fifteen (15) feet above the outside grade. No wall
sign or combination of signs, including interior signs, on
any wall facing any street or public way in a business
district shall exceed an area in square feet equivalent to
one (1) times the length in feet of the structure on each
frontage, up to a maximum of sixty(60) square feet.
(3) Within an industrial district, one (1) wall sign not
exceeding thirty (30) square feet is permitted for each
street frontage from which access is provided to the lot.
(4) In any districts where wall signs are permitted, no such
sign shall cover, wholly or partly, any wall opening,
including doors, fire escapes and windows nor project
beyond the ends of the wall to which it is attached. All
such signs must be safely and adequately attached to said
10123 2-2s-E9
§ 100-205 SOUTHOLD CODE § 100-206
building wall by means satisfactory to the Building
Inspector.
F. Historic signs.The Planning Board may find that a particular
sign is an historic sign. In making such a finding. the
Planning Board, in consultation with the Historic Landmarks
Commission, must find that the proposed sign is of significant
historic quality in terms of age or design or by reason of its
relationship to an historic renovation project. The Board of
Appeals may allow the reconstruction, repair and mainte-
nance of historic signs upon such terms as may be just and
proper in addition to or to the exclusion of any other signs
permitted by this chapter.
G. Temporary signs. The erection, installation or maintenance of
temporary signs, as defined herein, is hereby prohibited,
except that the Building Inspector may grant special
permission for the maintenance of the following signs:
(1) A temporary sign announcing special events, etc., not
exceeding twenty-four (24) square feet in area, which is
erected by a municipal, charitable or nonprofit organiza-
tion is permitted for a period not to exceed thirty (30)
days.
(2) Temporary interior signs announcing special sales or
events shall be permitted in the Hamlet Business and
General Business Districts. Such signs shall cover no
more than twenty-five percent (25%) of the window area
to which they are affixed, and shall be removed within =-
twenty (20) days.
§ 100-206. Unsafe, abandoned and unlawful signs.
A. The owner of a sign and the owner of the premises on which
such sign is located shall be jointly liable to maintain such
sign, including its illumination sources, in a neat and orderly
condition and good working order at all times and to prevent
the development of any rust, corrosion, rotting or other
deterioration in the physical appearance or safety of such sign.
10124 .,-2s-89
§ 100-206 ZONING § 100-206
B. If the Building Inspector shall find that any sign regulated
herein is unsafe, insecure, damaged, deteriorated or a menace
to the public or has been erected in violation of the provisions
of this chapter, he shall give written notice by certified mail to
the owner of the premises on which such sign is located, as
shown on the latest town assessment roll. Said sign and all
appurtenances shall be taken down and removed by the
owner, agent or person having the beneficial use of the
building or structure upon which such sign may be found
within thirty (30) days after written notification from the
Building Inspector. Upon the failure to comply with such
notice within the time specified therein, the Building Inspector
is authorized to remove or cause the removal of such sign at
the expense of the person or persons named in such notice.
Upon such removal, all costs and expenses incurred by the
town for the removal and storage of such sign shall be assessed
against the land on which such sign was located, and a
statement of such expenses shall be presented to the owner of
the land. If such statement is not paid within thirty (30)days
after its presentment, the Building Inspector may file a
statement with the Town Assessors, identifying the property
in connection with which such expenses were incurred and the
owner thereof as shown on the latest assessment roll of the
town. The Assessors, in the preparation of the next assessment
roll, shall assess such amount upon such property. Such
amount shall be included in the levy against such property,
shall constitute a lien and shall be collected and enforced in the
same manner, by the same proceedings, at the same time and
under the same penalty as is provided by law for the collection
and enforcement of real property taxes in the Town of
Southold. The owner of the sign removed by the Building
Inspector as hereinbefore provided shall not be permitted to
redeem such sign until all expenses of removal and storage
have been paid.
C. If, in the determination of the Building Inspector, a sign is an
immediate peril to persons or property, he may cause such
sign to be removed summarily and without notice. The cost of
such removal shall be paid by the town, and such amount shall
be and become a lien upon the premises in question and shall
10125 2-2.5-Rs
§ 100-206 SOUTHOLD CODE § l(N)-211
be levied and collected in the same manner and under the
same penalties as an assessment of a public improvement.
§ 100-207. Continuation of existing signs.
Notwithstanding any other provisions of this Article, any sign in
existence at the effective date of this Article which does not conform
to the provisions of this chapter shall, within three(3)years from such
date, be removed or made to conform, unless its continuance is
authorized as a special exception by the Board of Appeals as
hereinafter provided.
ARTICLE XXI
Landscaping, Screening and Buffer Regulations
[Added 1-10-89 by L.L. No. 1-1989]
§ 100-210. Purpose.
The following standards are intended to enhance the appearance
and natural beauty of the town and to protect property values
through preservation and planting of vegetation, screening and
landscaping material. Specifically, these standards are intended to
enhance the appearance of major travel corridors and business areas;
to reduce excessive heat, glare and accumulation ofdust; to provide
privacy from noise and visual intrusion; and to prevent the erosion of
the soil, excessive runoff of drainage water and the consequent
depletion of the groundwater table and the pollution of water bodies.
I
§ 100-211. General requirements.
The following provisions shall apply to any use in all zoning
districts:
A. Landscaping, trees and plants required by these regulations
shall be planted in a growing condition according to accepted
horticultural practices, and they shall be maintained in a
healthy growing condition. Any landscaping, trees and plants
which are in a condition that does not fulfill the intent of these
10126 2.2;-Hs
§ 100-211 ZONING § 100-211
regulations shall be replaced by the property owner during
the next planting season for the particular plant material.
B. A screening fence or wall required by these regulations shall
be maintained by the property owner in good condition
throughout the period of the use of the lot, subject to the
following conditions:
(1) Any land that is or has been designated or required to be
a screening area, buffer area or paved area pursuant to
an approval by the Town Board, Planning Board or
Zoning Board of Appeals of any grant of an application
for a change of zone, variance or site plan approval or
which is required by ordinance or local law must be
maintained by the owner of the property or any of the
owners, successors in interest or assignees.
(2) When it is determined by the Planning Board that any
land is not maintained pursuant to such grant or law, the
Building Inspector shall notify the owner of record of
such land, by certified mail to the address shown on the
last completed assessment roll, to erect, replace, repair or
maintain fences, trees, plantings, shrubbery or other
screening or paved areas pursuant to the plan or law.
(3) In the event that the owner of record does not comply
with the notice within thirty(30) days of the date of said
mailing, the Building Inspector may take the appropriate
action to erect, replace, repair or maintain fences, trees,
plantings,shrubbery or other screening or paved areas on
the designated land. The Building Inspector shall certify
by affidavit the costs incurred either by the Department
or the Town Board.The Town Board shall, by resolution,
instruct the Town Clerk to publish a public notice that a
public hearing will be held for the purpose of adding to
the assessment roll of the described lot or parcel the costs
incurred and that,at the public hearing, the Town Board
will hear and consider any objection which may be made
to such roll. The publication of such notice shall not be
less than ten (10) days before the time specified for such
hearing. The Town Board, after public hearing. may then
10127 -8s
§ 100-211 SOUTHOLD CODE § 100-212
cause such assessment to become a lien and may direct
the Town Assessors to place it on the assessment roll.
C. All landscaping, trees and planting material adjacent to
parking areas, loading areas or driveways shall be properly
protected from vehicular damage by barriers, curbs or other
means.
D. To the extent possible, existing trees, vegetation and unique
site features, such as stone walls, shall be retained and
protected. Existing healthy, mature trees, if properly located,
shall be fully credited against the requirements of these
regulations.
E. Where lot size and shape or existing structures do not make it
feasible to comply with the requirements for a front
landscaped area or landscaped parking area, the Planning
Board may approve planters, plant boxes or pots containing
trees, shrubs and/or flowers to comply with the intent of these
regulations.
F. In cases where the edge of the pavement within a public right-
of-way does not coincide with the front lot line, the property
owner shall landscape the area between the front lot line and
the edge of the street pavement.
§ 100-212. Front landscaped area.
A front landscaped area shall be required for all uses in all zoning
districts.The required landscaped area shall be covered with grass or
other ground cover and shall include appropriate trees and shrubs.As
a minimum, in all nonresidential districts and in the Hamlet Density
Residential and R-40 Low-Density Residential Districts, one (1)shade
tree having a caliper of two(2)inches shall be planted within the front
landscaped area for each forty (40) feet or fraction thereof of lot
frontage.The purpose of the landscaping is to enhance the appearance
of the use on the lot but not to screen the use from view.
A. Residential districts. In all residential districts, required front
yards, except for the driveway, shall be landscaped with grass
or other suitable ground cover. trees and/or shrubs.
10128 2-25 89
§ 100-212 ZONING § 100-213
B. Nonresidential districts. In all nonresidential districts, there
shall be a landscaped strip in the front yard area-, in the
Limited Business, General Business and Light Industrial
l'ark/Planned Office Park and Light Industrial Districts, the
strip shall be twenty-five (25) feet, and in the MB Marine
Business District the landscaped strip shall be fifteen (15) feet
deep along and contiguous to the front lot line of the property.
There shall also be a landscaped area five (5) feet widc
abutting the front of the building in all nonresidential
districts, including the Hamlet Business District.
§ 100-213. `1ransition buffer at-ea.
The purpose of the transition buffer area is to provide privacy from
noise, headlight glare and visual intrusion to residential dwellings. A
buffer area shall be required along all boundaries of a nonresidential
lot abutting any lot in a residential district. Such buffer area shall
comply with at least the following minimum standards:
A. The buffer area shall be located within the boundaries of the
subject property.
B. The minimum width of buffer areas shall be as follows:
(1) Hamlet Business District: fifteen (15) feet.
(2) Marine Business District: twenty (20) feet.
(3) Limited Business District: twenty (20) feet.
(4) General Business District: twenty-five (25) feet.
(5) Industrial districts: thirty (30) feet.
(6) Any district other than a residential district adjoining
land owned or maintained by New York State, Suffolk
County or Southold Town with current or potential use as
parkland: twenty-five (25) feet.
C. The buffer area shall be of evergreen planting of such type.
height, spacing and arrangement as, in the judgment of the
Planning Board, will effectively screen the activity on the lot
from the neighboring residential area. As a minimum, the
planting shall consist of a double row of trees six (6) feet in
10129 2-25-89
i
§ 100-213 SOUTHOLD CODE § 100-214
height planted at intervals of ten (10) feet on center.
Nonevergreen planting may be included to supplement
evergreen planting, but not to take its place.
D. A landscaped earthen berm, wall or fence of a location, height,
design and materials approved by the Planning Board may be
accepted -for any portion of the required planting and/or
buffer area.
E. Where the existing topography and/or landscaping provides
adequate screening, the Planning Board may accept the
existing planting and/or buffer area as the required planting.
§ 100-214. Landscaped parking area.
In addition to the front landscaped area and buffer area
requirements, parking areas shall comply with the following
minimum standards:
A. All uses required to provide twenty (20) or more off-street
parking spaces shall have at least ten (10) square feet of
interior landscaping within the paved portion of the parking
area for each parking space and at least one (1) tree with a
two-inch caliper for every ten (10) parking spaces or fraction
thereof. Each separate landscaped area shall contain a
minimum of one hundred (100) square feet, shall have a
minimum dimension of at least eight(8) feet, shall be planted
with grass or shrubs and shall include at least one (1) tree of
not less than two-inch caliper.
B. A landscaped area shall be provided along the perimeter of
any parking area except that portion of the parking area
which provides access to a street or parking facility on an
adjacent lot. Accessways to adjacent lots shall not exceed
twenty-four (24) feet in width and shall not exceed two (2) in
number for each purpose. The landscaped area shall have a
minimum dimension of four (4) feet, shall be planted with
grass or shrubs and shall include at least one(1)tree of not less
than two-inch caliper for every forty (40) feet along the
perimeter of the parking area. In cases where the parking
area adjoins a public sidewalk, the required landscaped area
shall be extended to the edge of the sidewalk.
10?1110 _, -15-asp
100-214 ZONING § 100-2:30
C. Trees used in parking lots shall include honey locust, pine, oak
or other similar fast-groxving, hardy varieties or existing trees
where appropriately located.
§ 100-215. Properties located adjacent to creeks.
The rear yards of properties located adjacent to creeks shall include
natural vegetation and/or shall contain suitable planted vegetation to
a minimum of twenty (20) feet inland from the mean high-water-line
elevation or wetland boundary to prevent erosion of the shoreline.
Vegetation within the buffer strip shall not be fertilized or chemically
treated.
ARTICLE XXII
(Reserved)
ARTICLE XXIII
Supplementary Regulations
[Added 1-10-89 by L.L. No. 1-1989]
§ 100-230. Exceptions and modifications.
A. Established front yard setback. Where property in the vicinity
is improved with principal buildings with front yards of less
than that required by the provisions of this chapter, the front
yard setback shall be the average setback of the existing
buildings within three hundred (300) feet of the proposed
building on the same side of the street within the same use
district.
B. Exceptions to lot depth requirements.The minimum lot depth
` at any point may be decreased to seventy-five percent(75%)of
the minimum requirement if the average depth conforms to
the minimum requirement.
C. Exceptions to yard requirements.
(1) Permitted obstructions. Cornices or cantilevered roofs
may project not more than two (2) feet into a required
yard. Belt courses, windowsills and other ornamental
10131 2-2r1-r9
§ 100-230 SOUTHOLD CODE § 100-230
features may project not more than six (6) inches into a
required yard. Fences or walls not over four (4) feet in
height may be erected an\where on the lot. except a5 set
forth in § 100-232 herein. Paved terraces, steps and
walks (other than such as are needed for access to the
buildings on the lot) shall not project within fifteen (15)
feet of a street line or four (4) feet of a property line.
(2) Entries and porticos. A roofed-over but unenclosed
projection in the nature of an entry or portico, not more
than eight(8) feet wide and extending not more than six
(6) feet out from the front wall of the building, shall be
exempt from the requirements of this section when the
building otherwise complies with the regulations of this
section. In computing the average setback,the presence of
such entries and porticos shall be ignored.
(3) Permitted projections. In any district, chimneys on
residential, public or semipublic buildings may project
into a required yard to the extent of not more than two(2)
feet. In any residential district, terraces, steps or
uncovered porches may project into any required yard,
provided that no part thereof is nearer than four (4) feet
to any lot line.
D. Height exceptions. The height limitations of this chapter shall
not apply to:
(1) Spires, belfries, cupolas and domes not for human
occupancy; and monuments, transmission towers, chim-
neys, derricks, conveyors, flagpoles, radio towers, '
television towers and television aerials, provided that any
television or radio aerial shall not be located nearer than
a distance equal to its height above the roof or other
permanent structure to which it is attached to any
overhead electric transmission line carrying more than
two hundred twenty (220) volts.
(2) Bulkheads,observation towers, monitors, fire towers, hose
towers, cooling towers, water towers, grain elevators or
other structures where a manufacturing process requires
greater height,provided that any such structures that are
located on any roof and that exceed in height the limits in
10132 2-25-89
§ 100-230 ZONING § 100-232
the particular district shall not in the aggregate occupy
more than twenty percent(20%) of the horizontal area of
the roof and are set back one(1) foot from the edge of the
roof for each additional foot in height greater than the
specified height.
(3) All mechanical equipment necessary to operate building
services, which equipment is located on the roof of a
structure, shall be screened in a manner approved by the
Planning Board.
E. Retail sales in residential districts. Notwithstanding any other
provision of this chapter, all premises located in any
residential district and upon which retail sales are conducted
shall be subject to site plan approval by the Planning Board,
pursuant to the provisions of Article XXV.
§ 100-231. Height of fences, walls and hedges.
Fences, walls, hedges or other live plantings within five (5) feet of
the property lines may be erected and maintained, subject to the
following height limitations:
A. When located in the front yard along the front lot line, the
same shall not exceed four (4) feet in height.
B. When located along side and rear yards, the same shall not
exceed six and one-half (6%2) feet in height.
C. When located other than in the front yard area or along side or
rear lot lines, the same shall not exceed eight(8)feet in height.
§ 100-232. Corner lots.
A. On a corner lot, front yards are required on both street
frontages, and one yard other than the front yard shall be
deemed to be a rear yard, and the other or others side yards.
B. On all corner lots. berms, walls. fences and hedges or any other
potential obstruction to vision shall not exceed a height of two
and one-half(2%) feet above the average street level within an
10133 2- -K4
§ 100-2:32 SOUTHOLD CODE § 100-2:35
isosceles triangle having thirty-foot sides along each street to
preserve sight lines for traffic.
§ 100-233. Building length and separation for buildings contain-
ing multiple dwellings.
A. No building shall exceed one hundred twenty-five(125) feet in
length.
B. The minimum distance between principal buildings shall be
equal to two (2) times the height of the highest building, and
the minimum distance between a principal and an accessory
building shall be twenty (20) feet.
§ 100-234. Courts.
A. Inner courts. An inner court is permitted in multifamily
dwelling developments if the minimum dimension of such
court is not less than two (2) times the average height of all
surrounding walls, but not less than sixty(60)feet. The height
of walls surrounding an inner court shall be measured from
finished grade to the base thereof to the top of such wall,
except that, in the case of roofs with a slope exceeding five (5)
inches vertical to twelve(12)inches horizontal, the height shall
be measured to the mean point of the roof.
B. Outer courts. The minimum width of an outer court shall be
twenty (20) feet, and the depth thereof shall not exceed its
width.
§ 100-235. Access requirements.
A. Street access.
(1) No building shall be erected on a lot that does not have
direct access to a public street in accordance with § 280-
a of the Town Law.
(2) All buildings and structures shall be so located as to
provide safe and convenient access for servicing, fire and
police protection and off-street parking and/or loading.
10134 2-2s-89
§ 100-235 ZONING § 100-236
B. Residential rear or flag lots and accessways. Any rear lot or
flag lot occupied or to be occupied by a one-family dwelling
shall have access thereto by means of an accessway, having a
width of not less than fifteen (15) feet, serving only such lot.
The area of the accessway shall not be included in determining
the area of any lot. The front yard of any lot having access to
a street by means of an accessway shall be the required front
yard specified for the district in which the lot is located and
shall be measured from the rear lot line to the front lot.
§ 100-236. Open storage.
A. No unenclosed storage, except parking of operable passenger
vehicles capable of passing inspection or recreation vehicles or
boats as set forth in § 100-191, shall be permitted in a
residential district.
B. When open storage is permitted in a commercial or industrial
district as a principal or accessory use, the following
conditions shall be met:
(1) Storage shall be screened from view by a fence or
evergreen screening, the design and location of which
shall be approved by the Planning Board. In no case shall
the stored material exceed the height of the screening.
(2) No outdoor storage may be permitted within twenty-five
(25) feet of a residential district boundary.
C. An automobile wrecking yard or junkyard is required to
provide suitable screening in the form of fencing or hedges
completely around the periphery of the area used for such
purposes, subject to the approval of the Planning Board.
Failure to provide such screening shall require elimination of
said use.
10135 2-25-x114
§ 100-237 SOUTHOLD CODE § 100-2:37
§ 100-2:37. Prohibited uses in all districts.
The following uses are prohibited in all districts:
A. Any use which is noxious. offensive or objectionable by reason
of the emission of smoke, dust, gas, odor or other form of air
pollution or by reason of the deposit, discharge or dispersal of
liquid or solid wastes in any form in such manner or amount
as to cause permanent damage to the soil and streams or to
adversely affect the surrounding area or by reason of the
creation of noise, vibration, electromagnetic or other distur-
bance or by reason of illumination by artificial light or light
reflection beyond the limits of the lot on or from which such
light or light reflection emanates; or which involves any
dangerous fire, explosive, radioactive or other hazard; or
which causes injury, annoyance or disturbance to any of the
surrounding properties or to their owners and occupants; and
any other process or use which is unwholesome and noisome
and may be dangerous or prejudicial to health, safety or
general welfare, except where such activity is licensed or
regulated by other gGvernment agencies.
B. Artificial lighting facilities of any kind which create glare
beyond lot lines.
C. Carnivals, circuses and related activities, except for a
temporary period on special license from the Town Board.
D. Junkyard or refuse disposal site, except a refuse disposal site
established as an official town refuse disposal site or duly
authorized as a refuse disposal site by the Town Board.
E. Uses involving primary production of the following products
from raw materials:
(1) Charcoal and fuel briquettes; chemicals; aniline dyes;
carbide;caustic soda;cellulose;chlorine;carbon black and
bone black; creosote; hydrogen and oxygen; industrial
alcohol; nitrates of an explosive nature; potash; plastic
materials and synthetic resins; proxylin; rayon yarn;
hydrochloric, nitric, phosphoric, picric and sulfuric acids;
coal,coke and tar products, including gas manufacturing-.
explosives. gelatin, glue and size (animal); linoleum and
oil cloth: matches; paint, varnishes and turpentine; rubber
10136 2-25-89
§ 100-2:37 ZONING § 100-238
(natural or synthetic): soaps, including fat rendering:
starch.
F. The following processes:
(1) Nitrating of cotton or of other materials.
(2) Milling or processing of flour.
(3) Magnesium foundry.
(4) Reduction, refining, smelting and alloying metal or metal
ores.
(5) Refining secondary aluminum.
(6) Refining petroleum products, such as gasoline, kerosene,
naphtha and lubricating oil.
(7) Distillation of wood or bones.
(8) Reduction and processing of wood pulp and fiber,
including paper mill operations.
G. Operations involving stockyards, slaughterhouses and slag
piles.
H. Storage of explosives.
I. Quarries.
J. Storage of petroleum products. Notwithstanding any other
provisions of this chapter, storage facilities with a total
combined capacity of more than twenty thousand (20,000)
gallons, including all tanks, pipelines, buildings, structures
and accessory equipment designed, used or intended to be
used for the storage of gasoline, fuel oil, kerosene, asphalt or
other petroleum products, shall not be located within one
thousand (1,000) feet of tidal waters or tidal wetlands.
§ 100-238. Provisions for community water,sewer and utility fa-
cilities.
Where public sewer and/or public water and/or public or private
utility systems are required, no building or premises to be serviced by
such systems shall be used or occupied nor shall a certificate of
10137 2-25-Hv
§ 100-238 SOUTHOLD CODE § 100-2:39.1
occupancy be issued with respect to the use and occupancy of such
buildings and/or premises unless and until all such required systems
and facilities have been constructed and are in proper operating
condition and have been approved by all agencies having jurisdiction
thereof.
§ 100-239. Land under water; filled land.
Streams, ponds, tidal marshes and portions of Long Island Sound
and its various bays and estuaries, lying within the boundaries of the
Town of Southold, whether or not so indicated on the Zoning Map as
being in a particular use district, shall be considered as being in the
most-restricted use district abutting thereon, and such zoning
classification shall continue in force regardless of any filling or
draining of such lands. Nothing herein contained shall be construed to
permit the filling or dredging of such land. For the purpose of
computing density for the development of any lot or lots, no land
under water, unless filled pursuant to law, shall be included in
computing the minimum lot area for each dwelling unit permitted
under the appropriate zoning district in which the property lies.
§ 100-239.1. Excavations.
No excavation of any kind shall be permitted except in connection
with the construction in the same lot of a building for which a
building permit has been duly issued. In the event that a building
operation is arrested prior to completion and the building permit
therefor is allowed to lapse, within six (6) months after the date of
expiration of such permit, the premises shall be cleared of any
rubbish or other unsightly accumulations, and topsoil shall be
replaced over all areas from which such soil may have been removed.
Any excavation for a basement or foundation with a depth greater
than three(3) feet below grade shall be either filled or surrounded by
a substantial fence adequate to deny children access to the area and
adequately maintained by the holder of the permit.
101:38 2 25-89
§ 100-239.2 ZONING § 100-239.3
§ 100-239.2. Tourist camps, camp cottages and trailers.
A. Permits required. No tourist camp shall be established,
maintained or operated in any district nor shall any tent, tent
house, camp cottage, house car or trailer to be used or
occupied as a place for living, sleeping or eating, whether
charge is or is not made, be erected or placed therein, unless
authorized by the Town Board pursuant to the provisions of
Chapter 88, Tourist and Trailer Camps.
B. Automobile trailers or house cars. Notwithstanding any other
provisions of this chapter, a single automobile trailer or house
car may be located outside a tourist camp only when
authorized by the Town Board and subject to such conditions
as may be prescribed by the Town Board.
C. Exemptions. This section shall not be deemed to apply to the
temporary or seasonal camp of any unit of the Boy Scouts of
America or the Girl Scouts of America or other such
organizations under the leadership provided by said organiza-
tions, respectively.
§ 100-239.3. Berms.
A. General.
(1) All berms shall -be constructed so that all sides of the
berm shall not have a slope greater than one (1) foot to
three (3) feet. For the purposes of this section, the slope
shall refer to the ratio of a vertical rise of one (1) foot to
a horizontal run of three (3) feet.
(2) All berms shall be constructed out of clean fill or an equal
approved by the Building Inspector. Said fill shall be
given sufficient time to settle before final shaping and
topsoil are applied. After the settled fill has been shaped,
a uniform six-inch layer of approved horticultural topsoil
shall be placed on the fill and fine graded.
(3) All berms shall be properly vegetated and landscaped, as
approved by the Planning Board, before any erosion
occurs in the topsoil on the berm, or, in the alternative,
10139 2-ss-xv
§_100-239.3 SOUTHOLD CODE § 100-239.3
the berm shall be covered with an approved ground cover
until such time the berm can be properly landscaped.
(4) Berms shall be constructed only during the period from
March 1 through October 15.
(5) No fence or wall shall be constructed on a berm.
However, a retaining wall may be placed on the sides of
a berm where the Planning Board finds said retaining
Wall will promote aesthetic considerations and the height
of same does not exceed the height or grade of the berm.
(6) The construction of berms and the berm itself shall not
interfere with natural drainage.
(7) The outside toe of the berm shall not be closer than six(6)
feet to any property line.
B. Height.
(1) The height of a berm shall be the vertical distance from
the top of the berm to the natural existing grade at the
base of the berm.
(2) In all residence districts, no berm shall have a height
greater than four(4)feet in the front yard or six and one-
half(6Y2) feet in a rear or side yard.
(3) In all nonresidence districts, no berm sh411 have a height
greater than six and one-half(6%) feet in a front, rear or
side yard.
(4) Notwithstanding the provisions of Subsection B(1)and(2)
of this section, where the proposed berm is along a major
street,as that term is defined in§ A106-13 of the Town of
Southold Land Subdivision Regulations, the Planning
Board may increase the height limitations of this
subsection where it would be in the public interest by
limiting adverse impacts from noise or light or by
promoting aesthetic considerations. However, in no case
shall a berm along a major street exceed ten (10) feet.
C. Permit.
(1) All berms in excess of four(4) feet in height,except those
required to be constructed in connection with the
10140 2-25-89
§ 100-239.3 ZONING § 100-239.3
Planning Board's approval of a subdivision plat or site
plan, shall require a building permit..
(2) All applications for a building permit for a berm shall
include the following.
(a) A detailed grading plan of the entire site, indicating
the existing topography in contour intervals no
greater than five (5) feet and the proposed topogra-
phy in contour intervals no greater than two(2) feet.
The scale of the grading plan shall be no smaller
than one (1) inch equals twenty (20) feet.
(b) A cross section of the berm indicating the type of
materials to be used in constructing the berm (i.e.,
fill or topsoil) and the location of landscaping. The
scale of cross section shall be no smaller than one(1)
inch equals four (4) feet.
(c) A detailed landscaping plan indicating the location,
size and quality of the species to be planted.
(3) All applications for a building permit for a berm shall be
referred to the Planning Board for its approval with
respect to the compatibility of the berm with the
surrounding properties and associated land uses, drain-
age considerations, landscaping and aesthetics.
(4) Within twenty(20)working days of receipt of a complete
application by the Planning Board, it shall approve,
approve with modifications or disapprove the application.
(5) The Building Inspector shall not issue a permit for a
berm until Planning Board approval has been received.
Failure of the Planning Board to act within twenty (20)
working days shall be deemed an approval.
(6) All provisions of this chapter relating to the building
permits and construction shall apply to building permits
for berms, except as provided in this section.
10141 2-25-89
i
I
i
§ 100-240 SOUTHOLD CODE § 100-241
ARTICLE XXIV
Nonconforming Uses and Buildings
[Added 1-10-89 by L.L. No. 1-1989]
§ 100-240. Purpose.
The purpose of this Article is to reduce or minimize impacts of uses
and buildings which do not conform to the use or bulk requirements
set forth in this chapter, all uses and buildings that become
nonconforming by reason of any subsequent amendment to this
chapter and all buildings containing nonconforming uses.
§ 100-241. Nonconforming uses.
Except as provided hereinafter, nonconforming use of buildings or
open land existing on the effective date of this chapter or authorized
by a building permit issued prior thereto,regardless of change of title,
possession or occupancy or right thereof, may be continued
indefinitely, except that such building or use:
A. Shall not be enlarged, altered, extended, reconstructed or
restored or placed on a different portion of the lot or parcel of
land occupied by such use on the effective date of this chapter,
nor shall any external evidence of such use be increased by any
means whatsoever.
B. Shall not be moved to another location where such use would
be nonconforming.
C. Shall not be changed to another nonconforming use without
approval by the Board of Appeals and then only to a use
which, in the opinion of the said Board, is of the same or of a
more-restrictive nature.
D. Shall not be changed back to a less-restrictive use if changed
to a more-restrictive nonconforming use.
E. Shall not be reestablished if such use has been changed to or
replaced by a conforming use.
F. Shall not be repaired or rebuilt unless the use is changed to a
conforming use if the nonconforming use is damaged by fire or
other causes to the extent of fifty percent(50%)of its fair value.
I
10142 2-25-ss
i
§ 100-241 ZONING § 100-242
G. Whenever a nonconforming use of a building or premises has
been discontinued for a period of more than two (2) years or
has been changed to a higher classification or to a conforming
use, anything in this Article to the contrary notwithstanding,
the nonconforming use of such building or premises shall no
longer be permitted unless a variance therefor shall have been
granted by the Board of Appeals.
§ 100-242. Nonconforming buildings with conforming uses.
A. Nothing in this Article shall be deemed to prevent the
remodeling, reconstruction or enlargement of a nonconform-
ing building containing a conforming use, provided that such
action does not create any new nonconformance or increase the
degree of nonconformance with regard to the regulations
pertaining to such buildings.
B. Reconstruction of a damaged building.
(1) A nonconforming building containing a conforming use
which has been damaged by fire or other causes to the
extent of more than fifty percent (50%) of its fair value
shall not be repaired or rebuilt unless such building is
made substantially to conform to the height and yard
requirements of the Bulk Schedule.35
(2) Application for a permit to build or restore the damaged
portion of any building damaged or destroyed as set forth
in Subsection B(1)above shall be filed within one(1)year
of the date of such damage and shall be accompanied by
plans for reconstruction which, as to such portion, shall
comply with the requirements set forth above. If such
permit is issued, it shall lapse one (1) year thereafter
unless reconstruction in accordance with the approved
plans has been initiated.
35 Editors Note: The Bulk Schedule is included at the end of this chapter.
10143 2-25-89
§ 100-243 SOUTHOLD CODE § 100-244
§ 100-243. Nonconforming buildings with nonconforming uses.
A. A nonconforming building containing a nonconforming use
shall not be enlarged, reconstructed or structurally altered or
moved unless the use of such building is changed to a
conforming use.
B. A nonconforming building containing a nonconforming use
which has been damaged by fire or other causes to the extent
of more than fifty percent (50%) of its fair value shall not be
repaired or rebuilt unless the use of such building is changed
to a conforming use.
§ 100-244. Nonconforming lots.
A. This subsection is intended to provide minimum standards for
granting of a building permit for lots made nonconforming or
continued in a state of nonconformance by the adoption of this
Article and that were singly and separately owned as of the
effective date of this Article.
B. A nonconforming lot separately owned and not adjoining any
lot or land in the same ownership at the effective date of this
Article and not adjoining any lot or land in the same
ownership at any time subsequent to such date may be used,
or a building or structure may be erected on such lot for use,
in accordance with all the other applicable provisions of this
chapter, provided that proof of such separate ownership is
submitted in the form of an abstract of title showing the
changes of title to said lot,which abstract shall be in the usual
form,shall be certified by an attorney or a company regularly
doing such work in Suffolk County or by a corporation duly
licensed to examine and ensure title to real property in Suffolk
County and shall contain a certification that no contiguous
property was owned by an owner of the property involved
since the date of any previously applicable Zoning Law. Such
lot shall be granted relief for front side and rear yard
dimensions as follows:
10144 2-25-89
§ 100-244 ZONING § 100-250
Lot Yard
Area Width Depth Front Side Both Sides Fear
(square feet) Coverage (feet) (feet) (feet) (feet) (feet) (feet)
20.000 20% 120 140 40 15 35 50
to
40.000
Less than 20% 80 100 35 15 25 35
20,000
C. In the case of single and separate ownership of a nonconform-
ing lot located in a subdivision plat, approved after April 9,
1957, by the Planning Board of the Town of Southold and filed
with the County Clerk of Suffolk County, relief for all front,
side and rear yard and area dimensions shall be granted to the
extent that such front, side and rear yard and area dimensions
were required at the time the map was originally filed with
the County Clerk of Suffolk County.
§ 100-245. Repairs and maintenance.
Notwithstanding any of the foregoing regulations, nothing in this
Article shall be deemed to prevent normal maintenance and repair of
any building or the carrying out upon the issuance of a building
permit of major structural alterations or demolitions necessary in the
interest of public safety.
§ 100-246. Involuntary moves.
Sections 100-241A and B and§ 100-243A herein are not intended to
apply to involuntary movements of uses or structures as a result of
condemnation actions or other litigation.
ARTICLE XXV
Site Plan Approval
[Added 1-10-89 by U. No. 1-1989; amended
5-23-89 by L.L. No. 9-1989]
100-250. Applicability.
This Article shall apply to every land use that is permitted in the
Town of Southold except the single-family home use on a single and
10145 7-25-89
§ 100-250 SOUTHOLD CODE § 100-251
separate lot as set forth in Article III, § 100-31A(1), and customary
nonagricultural accessory uses to a single-family residential home use
as stated in the Town Code. Any change in use or intensity of use
which will affect the characteristics of the site in terms of parking,
loading, access, drainage, open space or utilities will require site plan
approval. In all cases where this chapter requires approval of site
development plans by the Planning Board,no building permit shall be
issued by the Building Inspector except upon authorization of and in
conformity with the site plan approval by the Planning Board and all
other public agencies involved.
§ 100-251. Findings of fact; purpose.
A. The Town Board wishes to protect the unique rural and open
space character of the town and hereby finds that development
within the town, exclusive of the Incorporated Village of
Greenport, should proceed along the lines of good order and
with due regard to the public interest, including but not
limited to the following. exterior design of new or renovated
structures and portions thereof-, the construction and location
of parking areas,whether or not accompanied by new building
construction; changes in the use of existing structures; the use
of open land; and that the proposed site use would impact
beneficially on the well-being of the population in general,
increase the town's tax base and facilitate the local economy.'
B. It is the purpose of this Article to encourage good design and
to:
(1) Protect the established character and value of the
adjoining properties, both public and private, and of the
neighborhood in which they are located.
(2) Lessen and, where possible, prevent traffic congestion on
the streets and highways upon which the site fronts or
which provide vehicular or pedestrian access thereto.
(3) Prevent overcrowding of land or buildings.
(4) Secure safety from fire, flood and other dangers and
provide adequate light, air and convenience of access.
10146 7-25-89
• § 100-251 ZONING § 100-252
(5) Mitigate the environmental impacts of new development
on the land, air and water resources.
§ 100-252. Objectives.
In considering and acting upon site development plans, the
Planning Board shall take into consideration the public health, safety
and welfare, the economic impact and the comfort and convenience of
the public in general and the residents of the immediate neighborhood
in particular and may prescribe appropriate conditions and
safeguards as may be required in order that the result of its action
may, to the maximum extent possible, further the expressed intent of
this chapter and the accomplishment of the following objectives in
particular:
A. Traffic access: that all proposed traffic accessways are
adequate but not excessive in number; adequate in width,
grade, alignment and visibility; are located in proper
relationship to intersections, pedestrian crossings and other
places of public assembly; and, further, are in conformance
with overall traffic safety considerations. Other public
agencies may require further improvements above and beyond
the town's requirements. Roadway improvements not directly
in front of the site may be necessary and required, based on
overall traffic circulation and signalization of adjacent access
points and streets.
B. Interior circulation and parking: that adequate off-street
parking and loading spaces are provided to satisfy the parking
needs of the proposed uses on site and that the interior
circulation system is so designed to provide convenient access
to such spaces consistent with pedestrian safety, and, further,
that loading areas shall not impede the flow of interior
pedestrian and vehicular traffic. Handicap accessibility shall
be provided and placed at the nearest point to the proposed
structure.
C. Landscaping and screening: that all parking, service and
similar areas are screened at all seasons of the year from view
10147 7-25-89
§ 100-252 SOUTHOLD CODE § 100-252
of adjacent residential districts and streets and that the
landscaping of the site complements the intended use. Existing
trees of at least six (6) inches or more in diameter measured
three (3) feet above the base of the trunk shall be retained to
the maximum extent possible.
D. Natural features: that high priority shall be given to:
(1) The conservation of all natural features on and adjacent
to the site, including but not limited to natural drainage-
courses, fresh- and saltwater wetlands and marshes,
dunes, bluffs, beaches, escarpments, woodlands, large
trees, unique plant and wildlife habitats, flood hazard
areas and wildlife breeding areas.
(2) The protection of ground- and surface water from
contamination by pollutants.
(3) The protection of air quality.
E. Pavement: that all other paved areas intended for use by
pedestrians and vehicles shall make use of an aesthetically
pleasing and safe combination of pavements and plant
materials which would serve to encourage their use by
pedestrians and vehicles.
F. Lighting. that all outdoor lighting shall be of such a nature
and so arranged as to minimize the projection of direct light
and glare onto adjoining properties and streets. Outdoor
lighting shall be compatible with the intended use and also the
zoning district, particularly in or adjacent to residential zones.
G. Public address intercom or sound systems: that any sound or
public-address system shall be located to minimize sound to
adjoining properties or on the adjacent street.
H. Grading and drainage: that all site developments shall respect
existing grades on site and on adjoining sites to avoid
unnecessary excavation or filling and that all stormwater
runoff generated on site will be retained on site in an
environmentally acceptable manner.All grading and drainage
plans must meet with the requirements of the Town Engineer
and/or Superintendent of Highways.
10148 7-zs-8s
§ 100-252 ZONING § 100-253
I. Public utilities: that plans for water supply and sewage
disposal, cable, telephone, electricity, gas, etc., shall be
considered and included in this section and shall conform to
such public requirements and standards as may exist.
J. Existing development and Comprehensive Development Plan:
that the development proposed is at a scale consistent with
existing development and with the Comprehensive Develop-
ment Plan of the Town of Southold.
K. Architectural features: that the architectural features of
proposed buildings and signs are in character with that
generally prevailing in the neighborhood.
L. Handicapped access: that the site plan and building design
shall accommodate the needs of the handicapped and be in
conformance with the applicable state and local standards
concerning the same.
§ 100-253. Approval of site plan required.
A. No building permit shall be issued for any structure or
building as defined by Chapter 100,Zoning, until an approved
site development plan or approved amendment of any such
plan has been secured by the applicant from the Planning
Board and presented to the Building Inspector, along with all
necessary approvals and permits as may be required by other
public agencies.
B. No regrading, clearing, tree removal or any other work in
preparation of future use of a site, except limited clearing
needed to undertake survey work or soils investigations, may
take place or be permitted to take place until the site plan has
been approved by the Planning Board.
C. No certificate of occupancy shall be issued for any building,
structure, premises, lot or use of land covered by this Article
unless the structure has been completed (whether the struc-
ture is being constructed, renovated, reconstructed, altered,
moved or put into use), and the site is developed in accordance
with an approved site development plan or approved amend-
ment of any such plan.
10149 7-25-89
§ 100-253 SOUTHOLD CODE § 100-254
D. Upon request of the owner or his authorized agent for a
certificate of occupancy, the Building Inspector shall issue the
certificate, provided that said Building Inspector, along with
the Planning Board, shall find that such building or structure
and site is in conformity with the approved site plan.
E. After a certificate of occupancy is issued, there shall be no
exterior alterations of a building that expand the footprint or
any revisions of the site or changes of use without first
obtaining Planning Board approval.
F. Failure to obtain site plan approval shall be a violation of this
Article and shall be subject to such penalties as are set forth
in § 100-285 of this chapter.
G. Upon recommendation of the Planning Board and approval of
the Town Attorney, the Building Inspector may revoke an
existing certificate of occupancy upon a showing that the
subject premises is being occupied or used in violation of an
approved site plan and may direct that such occupancy or use
be discontinued. The Town Attorney is authorized to com-
mence proceedings in a court of appropriate jurisdiction to
restrain said use or occupancy.
§ 100-254. Review procedure.
A. Presubmission conference. Prior to the submission of a site
development plan, the applicant or his agent shall meet with
the Planning Board or its representative. The purpose of such
conference shall be to discuss proposed uses or development
plan elements that shall be submitted to the Planning Board
in order for said Board to determine conformity with the
provisions and intent of this Article. Said meeting shall take
place within thirty(30)calendar days from the date of written
request therefor.
B. Site development plan. Nine(9)copies of the site development
plan application and any related information as defined
during the presubmission conference shall be submitted to the
Planning Board within four (4) months of the presubmission
10150 7-25-89
§ 100-254 ZONING § 100-254
conference. If a site development plan application is not
submitted within four (4) months following a presubmission
conference, another conference may be required by the
Planning Board.
(1) Within ten(10)business days of receipt of the application,
the Planning Board shall determine whether to accept,
reject or request revision of the application.
(2) If the Planning Board determines said application to be
acceptable but in need of revision, it shall notify the
applicant, in writing,wherein said application is deficient
within thirty (30) business days.
(3) In the case of a variance or special exception application
requiring site plan approval, the site development plan
application shall be subjected to preliminary review and
written comments by the Planning Board within sixty
(60) days of such request by the Board of Appeals.
(a) In no case may the Planning Board grant site plan
approval prior to the issuance of a special exception
by the Zoning Board of Appeals, if such is required.
(b) Before the Planning Board can approve any applica-
tion for the amendment of a use or structure for
which a special exception was granted, the applicant
must obtain permission from the Zoning Board of
Appeals to expand or otherwise alter or change
either the use or the structure.
(4) The Planning Board may vary or waive parking
requirements, provided that such change will not have a
detrimental effect on the public health, safety or general
welfare and will not have the effect of nullifying the
intent and provision of the Zoning Code.
(a) The Planning Board may allow or require landscap-
ing to be installed in place of specified parking
spaces.
10151 7-25-ss
§ 100-254 SOUTHOLD CODE § 100-254
(b) On any site for which the Planning Board grants
approval for less than the required number of spaces
for that use,the Planning Board shall have the right
to review the parking requirements again if a
change of use is proposed.
(5) Review of a new site plan for a lot on which an approved
site plan already exists shall not proceed until the
approved plan is withdrawn by the applicant.
C. When the Planning Board determines said application to be
acceptable, it shall, within ten (10) business days of such
determination, distribute said application and documentation
to the town, county and state agencies having jurisdiction, for
their comment.
D. Upon receipt and review of written comments from each of
the agencies to which the proposed site plan was distributed,
the Planning Board shall, within a reasonable period of time,
not to exceed thirty (30) days, determine whether to require
revisions to the proposed plan.
E. No decision on the application shall be made until the State
Environmental Quality Review Act' process is completed.
F. After the Planning Board has determined that the proposed
site plan is suitable for approval, it shall:
(1) Forward the plan to the Building Inspector for final
review and certification.
(2) Forward the plan to the Fire Commissioner of the fire
district within which the site is located for a determina-
tion as to whether a fire well is needed and, if so, its
location.
(3) Notify the applicant, in writing, to make an application
for the appropriate curb cut permits.
(4) Submit the proposed site plan to the Suffolk County
Planning Commission in accordance with the provision of
the Suffolk County Charter, if necessary.
Editors Note: See Art 8 of the Environmental Conservation Law.
10152 7-25-89
§ 100-256 ZONING § 100-256
(1) Technical data:
(a) The lot, block and section number of the property,
taken from the latest tax records.
(b) The name and address of the landowner on record:
[1] The names and addresses of adjoining
landowners.
[2] The name and address of the applicant, if not
the same as the landowner.
(c) The name and address of the person, firm or
organization preparing the map, sealed with the
applicable New York State license seal and
signature.
(d) Date, graphic scale and North point, whether true
or magnetic; if magnetic, show the date of reading.
(e) A survey prepared by a licensed surveyor or civil
engineer. The site plan may reference a land
surveyor's map or base reference map. All distances
shall be in feet and hundredths of a foot. All angles
shall be given to the nearest ten (10) seconds or
closer.The error of closure shall not exceed one(1)in
ten thousand (10,000).
(f) The locations, names and widths of all rights-of-way
within five hundred (500) feet of property lines. If
none exist within five hundred (500) feet of the
subject property, indicate the distance to the nearest
intersection with a public street.
(g) A separate key map showing location and owners of
all adjoining lands within five hundred(500)feet, as
shown on the latest tax records, at a scale of one (1)
inch equals one hundred (100) feet.
(h) The location, width and purpose of all existing and
proposed easements,setbacks, reservations and areas
dedicated to public use within or adjoining the
property.
10155 7-25-89
§ 100-256 SOUTHOLD CODE § 100-256
(i) A complete outline of other existing easements, deed
restrictions or covenants applying to the property.
Existing zoning, including zone lines and
dimensions.
(k) Site plans drawn at the scale of one (1) inch equals
twenty (20) feet. If all required information cannot
be shown clearly on one (1) plan, the information
should be separated as follows:
II
[1] Alignment and schedule plan.
[2] Grading and drainage.
[3] Landscaping.
[4] Other, e.g., site utilities.
(2) Natural features:
(a) Existing contours with intervals of two (2) feet or
less, referred to mean sea level as per United States
Geological Survey datum.
(b) Boundaries of any areas subject to flooding or
stormwater overflows, tidal bays,saltwater marshes,
beaches and all freshwater bodies, including wet-
lands and intermittent streams, perimeter bounda-
ries of shoreline bluffs, dunes and beaches.
(c) The location of existing natural features, including
but not limited to natural drainage swales, water-
courses, wooded areas and wetlands, as defined by
the New York State Department of Environmental
Conservation and the Board of Trustees of Southold
Town, marshes, ponds, dunes, bluffs, beaches,
kettleholes, escarpments, wildlife habitats, flood
hazard areas,erosion-prone areas and trees of six(6)
inches in diameter at a point three(3)feet above the
trunk base.
(d) The location of any existing cultural and historical
features within five hundred (500) feet of the
property boundaries.
10156 7-25-89
§ 100-256 ZONING § 100-256
(3) Existing building structures and utilities:
(a) The locations, dimensions and outlines of all build-
ings, as defined in § 100-13 of this chapter, and all
uses of the site.
(b) Paved areas, including parking areas, sidewalks and
vehicular access between the site and public streets.
(c) The locations,dimensions,grades and flow directions
of any existing culverts, waterlines or sewage
disposal systems, as well as other underground and
aboveground utility poles and utility lines within and
adjacent to the property.
(d) The location and use of all buildings and structures,
including curb cuts,within two hundred(200)feet of
the boundary of the subject property.
(4) Proposed construction:
(a) The location of proposed buildings or structural
improvements, indicating setbacks from all property
lines and horizontal distances from existing
structures.
(b) The location and design of all uses not requiring
structures, such as off-street parking and loading
areas and pedestrian circulation.
(c) The location, direction, power level and time of use
for any proposed outdoor lighting or public-address
systems.
(d) The locating and plans for any outdoor signs must be
in accordance with applicable sign regulations.
(e) The location and details of aprons, curbs, sidewalks,
fencing (type and location), grading, including
existing and proposed topography with two-foot
contours [on site and two hundred (200) feet beyond
the property line] and spot elevations for buildings
and all structures, drainage calculations, details of
drainage structures and watershed areas, where
.applicable.
10157 7-25-R9
§ 100-256 SOUTHOLD CODE § 100-260
(f) Grading and drainage plans shall be based upon site
stormwater retention, in conformance with Chapter
A108, Highway Specifications.
(g) The location and listing of landscaping, buffering
and street tree plans, including type, material, size,
quantity and location.
(h) The location of water and sewer mains, electrical
service, cablevision and telephone installations,
ground transformers, fire well and fire hydrants
and/or any alternate means of water supply and
sewage disposal and treatment.
(i) Building elevations for all facades and floor plans
showing the proposed use of floor area.
ARTICLE XXVI
Special Exception Uses
[Added 1-10-89 by L.I.. No. 1-1989]
§ 100-260. Purpose.
The provisions of this Article are designed to provide for
administrative review of selected types of proposed land uses. Certain
uses which are allowable under zoning are nevertheless so likely to
significantly affect their surroundings that they require individual
review to assure compatibility with existing land use patterns,
community character and the natural environment before being
permitted to come into existence. Similarly, certain authorized uses
may take on such diverse forms in their actual implementation that it
is wise to review and pass upon the adherence of each individual
proposal to standards and guidelines previously established for the use
involved. Finally, the case-by-case review achieved by.use of the
special exception approval mechanism can increase the flexibility and
appropriateness of local development review and better enable local
officials to avoid negative consequences which sometimes arise from
the otherwise lawful development or use of a particular site.
10158 7-25-89
§ 100-261 ZONING § 100-262
§ 100-261. Special exception uses; approval required.
There is hereby created a category of land use approval to be
known as "special exception uses." Said uses may not be commenced,
created, undertaken, carried out or thereafter maintained or
substantially expanded without a special exception approval first
having been obtained therefor, which special exception approval shall
have been granted for the use either by the Planning Board, the
Zoning Board of Appeals or the Town Board, according to the
provisions for the particular special exception use set forth in this
Article or elsewhere in this chapter. Any land use, including the
erection, construction, reconstruction, alteration, demolition, moving,
conversion or change of use of any structure, shall be a special
exception use requiring a special exception approval if the text of this
chapter or the use schedule hereof denotes the use as being either the
subject of a special exception approval or simply a special exception
use. No building permit for any such special exception use shall be
issued until the required special exception approval shall have been
granted for the same and the conditions imposed in such approval as
prerequisites to a building permit, if there be any, have been met.
§ 100-262. Application; hearing; approval; violations of condi-
tions,
A. An application for a special exception approval shall be on the
form for same provided by the Building Inspector and shall be
submitted in triplicate, together with the fee of seventy-five
dollars ($75.), to the Building Inspector, who shall review the
application for completeness and conformity with this chapter.
The Building Inspector shall reject the application if it is not
complete or not in conformance and shall notify the applicant
as to the reason for such rejection. If the application is
satisfactory, the applicant and the Building Inspector shall
for«and the application to the Board having jurisdiction
thereof.
B. Prior to taking action on any special exception use, the Board
having jurisdiction thereof shall schedule a public hearing
within forty-five (45) days after determination that the
application is complete. Within sixty (60) days following the
(Cont'd on page 10159)
10158.1 7-25-ss
§ 100-262 ZONING § 100-262
close of the public hearing, the Board shall render a decision
on the application.
C. Effect of approval. A special exception approval issued in
accordance with the provisions of this Article shall authorize
only the special exception use for which the approval is
granted. No use which is not a special exception use hereunder
shall be authorized by any such approval. The approval may
include reasonable conditions which the Board determines to
be necessary or appropriate to ensure that the applicable
general and specific standards and safeguards set forth in this
chapter for the use can and will be met and/or adhered to. A
special exception approval shall be valid for a period of six(6)
months but may be extended for one (1) additional six-month
period by the issuing Board within the requirement of new
public notice of hearing. A continuing or permanent land use
authorized by a special exception approval which use is
undertaken or begun during the period of validity of such
approval shall thereafter be deemed a lawful use as if the
same were permitted by this chapter without need for a
special exception permit; provided, however, that:
(1) All conditions imposed by the special exception approval
shall continue to apply unless they, by their express
terms, are of limited duration.
(2) All conditions imposed on special exception approval uses
generally or specifically by this chapter shall continue to
apply, regardless of whether any such conditions were
expressly incorporated into the special exception
approval.
(3) The Board which issues the special exception approval
shall retain continuing jurisdiction over the same.
D. Violations of conditions. A violation of any limitation or
condition of a special exception approval or of any provision of
this chapter applicable to a special exception use shall
constitute a violation of this chapter. The Board which
approves any special exception use shall retain jurisdiction and
shall have the right,after a public hearing,to modify,suspend
or revoke such approval or any term or condition thereof or to
10159 2-25-89
a'
§ 100-262 SOUTHOLD CODE § 100-263
impose thereon one (1) or more new conditions, all on the
following grounds:
(1) False statements or mistake of material fact: materially
false or inaccurate statements in the application,
supporting papers or supporting testimony or ignorance
or misunderstanding of a material fact by the Board,
which fact, had it been known to the Board at the time of
its review, would have resulted in a denial of the approval
sought.
(2) Noncompliance with the terms and conditions of such
approval: failure of the applicant-permittee to comply
with any conditions or terms of the approval.
(3) Activity beyond such approval:exceeding the scope of the
activity, use or project as the same was described in the
application.
§ 100-263. General standards.
No special exception approval shall be granted unless the Board
having jurisdiction thereof specifically finds and determines the
following-
A.
ollowingA. That the use will not prevent the orderly and reasonable use of
adjacent properties or of properties in adjacent use districts.
B. That the use will not prevent the orderly and reasonable use of
permitted or legally established uses in the district wherein
the proposed use is to be located or of permitted or legally
established uses in adjacent use districts.
C. That the safety, the health, the welfare, the comfort, the
convenience or the order of the town will not be adversely
affected by the proposed use and its location.
D. That the use will be in harmony with and promote the general
purposes and intent of this chapter.
E. That the use will be compatible with its surroundings and with
the character of the neighborhood and of the community in
general,particularly with regard to visibility,scale and overall,
appearance.
10160 2-25-89
§ 100-263 ZONING § 100-264
F. That all proposed structures, equipment and material shall be
readily accessible for fire and police protection.
§ 100-264. Matters to be considered.
In making such determination, consideration shall also be given,
among other things, to:
A. The character of the existing and probable development of
uses in the district and the peculiar suitability of such district
for the location of any of such permitted uses.
B. The conservation of property values and the encouragement of
the most appropriate uses of land.
C. The effect that the location of the proposed use and the location
that entrances and exits may have upon the creation or undue
increase of vehicular traffic congestion on public streets,
highways or sidewalks to assure the public safety.
D. The availability of adequate and proper public or private
water supply and facilities for the treatment, removal or
discharge of sewage, refuse or other effluent(whether liquid,
solid, gaseous or otherwise) that may be caused or created by
or as a result of the use.
E. Whether the use or the materials incidental thereto or
produced thereby may give off obnoxious gases, odors, smoke
or soot.
F. Whether the use will cause disturbing emissions of electrical
discharges, dust, light, vibration or noise.
G. Whether the operation in pursuance of the use will cause
undue interference with the orderly enjoyment by the public of
parking or of recreational facilities, if existing or if proposed
by the town or by other competent governmental agencies.
H. The necessity for bituminous-surfaced space for purposes of
off-street parking of vehicles incidental to the use and whether
such space is reasonably adequate and appropriate and can be
furnished by the owner of the plot sought to be used within or
adjacent to the plot wherein the use shall be located.
10161 2-25-89
§ 100-264 SOUTHOLD CODE § 100-265
I. Whether a hazard to life, limb or property because of fire,
flood, erosion or panic may be created by reason of or as a
result of the use or by the structures to be used therefor or by
the inaccessibility of the property or structures thereon for the
convenient entry and operation of fire and other emergency
apparatus or by the undue concentration or assemblage of
persons upon such plot.
J. Whether the use or the structures to be used therefor will
cause an overcrowding of land or undue concentration of
population.
K. Whether the plot area is sufficient, appropriate and adequate
for the use and the reasonably anticipated operation and
expansion thereof.
L. Whether the use to be operated is unreasonably near to a
church, school, theater, recreational area or other place of
public assembly.
M. Whether the site of the proposed use is particularly suitable
for such use.
N. Whether adequate buffer yards and screening can and will be
provided to protect adjacent properties and land uses from
possible detrimental impacts of the proposed use.
0. Whether adequate provision can and will be made for the
collection and disposal of stormwater runoff, sewage, refuse
and other liquid,solid or gaseous waste which the proposed use
will generate. . {
P. Whether the natural characteristics of the site are such that
the proposed use may be introduced there without undue
disturbance or disruption of important natural features,
systems or processes and without risk of pollution to
groundwater and surface waters on and off the site.
§ 100-265. Additional conditions and safeguards.
In deciding on any application for a special exception use, the Board
having jurisdiction thereof may impose such conditions and
10162 2-25-89
§ 100-265 ZONING § 100-271
safeguards as it deems necessary or appropriate to preserve and
protect the spirit and the objectives of this chapter.
ARTICLE XXVII
Board of Appeals
(Last amended 1-10-89 by L.L. No. 1-19891
§ 100-270. Appointment; membership.
The Town Board shall appoint a Board of Appeals consisting of five
(5) members, as provided by the Town Law.
§ 100-271. Powers and duties.
In addition to such powers as may be conferred upon it by law, the
Board of Appeals shall have the following powers:
A. Appeals: to hear and decide appeals from and review any
order, requirement, decision or determination made by the
Building Inspector.
B. Variances: Where there are practical difficulties or unneces-
sary hardships in the way of carrying out the strict letter of
these regulations,the Board of Appeals shall have the power to
vary or modify the application of such regulations so that the
spirit of this chapter shall be observed, public safety and
welfare secured and substantial justice done.
C. Special exceptions, special permits and other approvals:
Whenever a use or the location thereof is permitted only if the
Board of Appeals shall approve thereof, the Board of Appeals
may, in a specific case and after notice and public hearing,
authorize such permitted use and its location within the
district in which this chapter specifies the permitted use may
be located.
D. Interpretations: on appeal from an order, decision or
determination of an administrative officer or on request of any
town officer, board or agency, to decide any of the following.
10163 2-25-89
§ 100-271 SOUTHOLD CODE § -100-275
(1) Determine the meaning of any provision in this chapter
or of any condition or requirement specified or made
under the provisions of this chapter.
(2) Determine the exact location of any district boundary
shown on the Zoning Map.
§ 100-272. Additional conditions and safeguards.
In deciding any matter before it, the Board of Appeals may impose
such conditions and safeguards as it deems necessary or appropriate
to preserve and protect the spirit and the objectives of this chapter.
§ 100-273. Rules of conduct and procedure.
The Board of Appeals shall, consistent with the law, determine its
own rules of conduct and procedure.
§ 100-274. Fees.
All applications to the Board of Appeals for any relief herein shall
be accompanied by a fee of one hundred fifty dollars ($150.).
§ 100-275. Notice of hearing.
A. In all cases where the Board of Appeals is required to hold a
public hearing, in addition to the notice of such hearing
required by law, a written notice containing the following =.=
information shall be sent by the person petitioning such Board,
or his agent, by either certified or registered mail, to every
owner of property immediately adjacent thereto. In the event
that any petitioner owns or has any interest in any property
immediately adjacent to the property which is the subject of
such petition, then written notice shall also be given to the
owners of the property adjacent to such other property of the
petitioner. For the purpose of this section, the words "owner"
or "property owner"mean the owner as shown on the current
assessment roll of the Town of Southold. The notice required
by this section shall be mailed by the petitioner, or his agent,
10164 2-25-89
§ 100-275 ZONING § 100-275
within five (5) days preceding the filing of the petition in the
Town Clerk's office. Proof of mailing of such notices in the
form of a sworn statement shall be filed with the Town Clerk
at the time of filing of the petition. Such notice shall contain
the following information:
(1) A statement that the petitioner proposes to apply to the
Board of Appeals of the Town of Southold for a variance,
special exception, special permit or other specified relief,
as the case may be.
(2) A description sufficient to identify the property which is
the subject of the petition.
(3) The Zone district classification of such property.
(4) A detailed statement of the relief sought by the petitioner.
(5) The provisions of the Zoning Law applicable to the relief
sought by the petitioner.
(6) A statement that, within five (5) days, such petition will
be filed in the Southold Town Clerk's office, Main Road,
Southold, New York, and may then be examined during
regular office hours.
(7) A statement that a public hearing with respect to such
petition must be held by the Board of Appeals of the
Town of Southold before the relief sought can be granted;
` that the person to whom the notice is addressed, or his
representative, has the right to appear and be heard at
such hearing; and that a notice of such hearing will be
published in the official town newspaper not less than five
(5) days prior to such public hearing.
B. In lieu of complying with the provisions of this section,written
verified waivers of notice executed by the persons entitled to
receive such notice may be filed with the Town Clerk at the
time of filing the petition.
C. Failure to comply with the provisions of this section shall not
affect the validity of any action taken by the Board of Appeals.
10165 2-25-89
§ 100-280 SOUTHOLD CODE § 100-280
ARTICLE XXVIII
Administration and Enforcement
[Last amended 1-10-89 by L.L. No. 1-1989]
§ 100-280. Administrative and enforcing officer.
A. It shall be the duty of the Building Inspector and such
deputies and assistants as may be appointed by the Town
Board to administer and enforce the provisions of this chapter
and of all rules, conditions and requirements adopted or
specified pursuant thereto.
B. The Building Inspector and/or his Assistant and Deputy
Building Inspectors shall have such right to enter and inspect
buildings, structures or premises and to perform other acts
necessary for the enforcement of this chapter as is conferred
upon them by law. He shall maintain files of all applications
for building permits and plans submitted therewith and for
certificates of occupancy and records of all building permits
and certificates of occupancy issued by him, which files and
records shall be open to public inspection and to perform such
other acts necessary for the enforcement of this chapter as is
conferred upon them by law.
C. Said Building Inspector shall keep a record of every
identifiable complaint of a violation of any of the provisions of
this chapter and of the action taken on each such complaint,
which records shall be public records. He shall report to the
Town Board, at intervals of not greater than three(3)months,
summarizing for the period since his previous report all
building permits and certificates of occupancy issued by him
and all complaints of violations and the action taken by him
thereon.
D. The Building Inspector shall make the necessary inspections
for the purpose of ascertaining whether or not existing
conditions comply with the provisions of this chapter.
E. At the request of the Town Board,the Building Inspector shall
inspect any premises for the purpose of ascertaining whether
or not existing conditions comply with the provisions of this
chapter and report, in writing, to said Board the results of his
findings.
10166 2-25-89
§ 100-280 ZONING § 100-281
F. At the request of the Planning Board, the Building Inspector
shall review site plan applications for compliance with this
chapter and requirements, established in the presubmission
conference.
§ 100-281. Building permits.
No building in any district shall be erected,reconstructed, restored,
moved or structurally altered without a building permit duly issued
upon application to-the Building Inspector. No building permit shall
be issued unless the proposed construction or use is in full conformity
with all the provisions of this chapter and the provisions of all other
applicable laws, ordinances, rules and regulations. Any building
permit issued in violation of the provisions of this chapter shall be null
and void and of no effect without the necessity for any proceedings,
revocations or nullification thereof; and any work undertaken or use
established pursuant to the issuance of a permit in violation of the
provisions of this chapter shall be invalid.
A. Applications. Every application for a building permit shall
contain the following information and be accompanied by the
required fee and a plot plan drawn to scale and signed by the
person responsible for each drawing. If no such plot plan is
available, a survey is required, prepared by a licensed
engineer or land surveyor. If the Building Inspector deems it
necessary that plans and specifications be examined to
ascertain if the proposed building will comply with applicable
building construction, housing and fire codes, he may require
that plans and specifications be filed with the building permit
application.
(1) The actual shape, dimensions, radii, angles and area of
the lot on which the building is proposed to be erected,or
of the lot on which it is situated if an existing building,
except in the case of the alterations of a building which do
not affect the exterior thereof.
(2) The section, block and lot numbers, if any,as they appear
on the latest tax records.
(3) The exact size and locations on the lot of the proposed
building or buildings or structural alteration of an
10167 2-25-89
§ 100-281 SOUTHOLD CODE § 100-281
existing building and of other existing buildings on the
same lot.
(4) The dimensions of all yards in relation to the subject
building, and the distances between such building and
any other existing buildings on the same lot and adjacent
lots.
(5) The existing and intended use of all buildings,existing or
proposed, the use of land and the number of dwelling
units the building is designed to accommodate; and the
necessary computations to establish conformity to the
bulk and density regulations.
(6) Such topographic or other information with regard to the
building, the lot or neighboring lots as may be necessary
to determine that the proposed construction will conform
to the provisions of this chapter.
B. No building permit shall be issued for the construction or
alteration of any building upon a lot without access to a street
or highway as provided by § 280-a of the Town Law.
C. No building permit shall be issued for any building where the
site plan of such building is subject to approval by the
Planning Board,except in conformity with the plans approved
by the said Board.
D. No building permit shall be issued for a building in any
district where such use is permitted by special exception
unless and until such approval has been duly granted by the
board having jurisdiction thereof.
E. No building permit shall be issued for any building until
approval has been received from the Suffolk County Depart-
ment of Health Services for the proposed water supply and
sewage disposal system.
F. The building permit application and all supporting documen-
tation shall be made in triplicate. Upon the issuance of a
building permit, the Building Inspector shall return one (1)
copy of all filed documents to the applicant.
G. The Building Inspector shall, within ten (10) business days
after the filing of a complete and properly prepared
10168 2-25-89
§ 100-281 ZONING § 100-281
application, either issue or deny a building permit. If a
building permit is denied, the Building Inspector shall state in
writing to the applicant the reasons for such denial.
H. Every building permit shall expire if the work authorized has
not commenced within twelve (12) months after the date of
issuance or has not been completed within eighteen (18)
months from such date. If no zoning amendments or other
regulations affecting the property have been enacted in the
interim, the Building Inspector may authorize, in writing, the
extension of the permit for an additional six (6) months.
Thereafter, a new permit shall be required.
I. As soon as the foundation of a building or of any addition to an
existing building is completed and before first-story framing
or wall construction is begun, there shall be filed with the
Building Inspector an accurate survey, signed by the person
responsible for said survey, showing the exact location of such
foundation with respect to the street and property lines of the
lot. No further construction shall be performed--until such
survey is approved by the Building Inspector.
J. Permit fees.
(1) The following fees shall be paid upon the filing of an
application with the Building Inspector for a building
permit, which fees shall be paid into the general fund if
the application is approved or returned to the applicant if
the application is denied:
(a) Single-family dwellings.
[1] New dwellings and additions to existing dwell-
ings: fifty dollars ($50.), plus fifteen cents
($0.15) for each square foot of floor area in
excess of eight hundred fifty (850) square feet.
[2] Accessory buildings and additions and altera-
tions to existing accessory buildings: twenty-
five dollars ($25.), plus fifteen cents ($0.15) for
each square foot of floor area in excess of five
hundred (500) square feet.
10169 2-25-89
§ 100-281 SOUTHOLD CODE § 100-281
(b) Farm buildings and additions and alterations to
existing farm buildings: fifty dollars ($50.) for each
building.
(c) Hotel, motel, multiple dwellings and business,
industrial and all other buildings.
[1] New buildings and additions and alterations to
existing buildings: one hundred dollars ($100.),
plus twenty cents ($0.20)for each square foot of
floor area in excess of one thousand (1,000)
square feet.
[2] Accessory buildings and additions and altera-
tions to existing accessory buildings: twenty-
five dollars ($25.), plus fifteen cents ($0.15) for
each square foot of floor area in excess of five
hundred (500) square feet.
(d) Foundations constructed under existing buildings:
seventy-five dollars ($75.).
(e) Swimming pools, together with required enclosure
fencing: one hundred fifty dollars ($150.).
(f) All other structures (i.e., fences, etc.) and additions
and alterations to such structures: twenty-five
dollars ($25.).
(g) Signs. The fee for all signs, except signs permitted
by § 100-31C(9Xa), shall be one dollar ($1.) for each
square foot of sign area, with a minimum fee of
twenty-five dollars ($25.).
(h) Demolition and/or removal and/or relocation of any
building ten dollars ($10.) minimum and five cents
($0.05) for each square foot in excess of three
hundred (300) square feet of floor area.
(2) For the purposes of this Subsection J, cellars, decks,
attached garages and any habitable area shall be
included in the calculation of floor area.
10170 z-Ls-ss
§ 100-282 ZONING § 100-284
§ 100-282. Revocation of permit.
The Building Inspector may revoke a building permit theretofore
issued and approved in the following instances:
A. Where he finds that there has been any false statement or
misrepresentation as to a material fact in the application, plan
or specifications on which the building permit was based.
B. Where he finds that the building permit was issued in error
and should not have been issued in accordance with the
applicable law.
C. Where he finds that the work performed under the permit is
not being prosecuted in accordance with the provisions of the
application, plans or specifications.
D. Where the person to whom a building permit has been issued
fails or refuses to comply with a stop order issued by the
Building Inspector.
§ 100-283. Stop orders.
Whenever the Building Inspector has reasonable grounds to believe
that work on any building or structure is being prosecuted in violation
of the provisions of the applicable law,ordinances or regulations or not
in conformity with the provisions of an application, plans or
specifications on the basis of which a building permit was issued or in
an unsafe and dangerous manner, he shall notify the owner of the
property or the owner's agent or the person performing the work to
suspend all building activities until the stop order has been rescinded.
Such order and notice shall be in writing and shall state the conditions
under which the work may be resumed and may be served upon a
person to whom it is directed either by delivering it personally to him
or by posting the same upon a conspicuous portion of the building
under construction and sending a copy of the same by certified mail.
§ 100-284. Certificates of occupancy.
A. A certificate of occupancy shall be applied for from the
Building Inspector and it shall be unlawful to do any of the
following until a certificate of occupancy is issued therefor:
10171 2-25-89
§ 100-284 SOUTHOLD CODE § 100-284
(1) Occupancy and use of a building erected, reconstructed,
restored, structurally altered or moved or any change in
use of an existing building.
(2) Occupancy, use or any change in the use of any land.
(3) Any change in use of a nonconforming use.
B. No certificate of occupancy shall be issued for the use of a
building or lands requiring a special exception approval or
special permit or for any land use requiring a site plan
approval by the Planning Board unless and until such special
exception or special permit approval or site plan approval has
been duly granted. Every certificate of occupancy for which a
special exception,special permit or site plan approval has been
granted or in connection with which a variance has been
granted by the Board of Appeals shall contain a detailed
statement of any condition to which the same is subject.
C. Application for a certificate of occupancy on a form furnished
by the Building Inspector for a new building or for an existing
building which has been altered shall be made after the
erection of such building or part thereof has been completed in
conformity with the provisions of this chapter and, in the case
of a new building, shall be accompanied by an accurate plot
plan or, if not available, by a survey prepared by a licensed
land surveyor or engineer,showing the location of the building
as built. Such certificate shall be issued within ten (10) days
after receipt of the property completed application, provided
that the application states that all requirements of all other
applicable codes or ordinances in effect are complied with.
D. If the proposed use is in conformity with the provisions of this
chapter and all other applicable codes and ordinances, a
certificate of occupancy for the use of vacant land or for a
change of use or a nonconforming use shall be issued by the
Building Inspector within ten (10) days after receipt of a
properly completed application. If a certificate of occupancy is
denied, the Building Inspector shall state the reasons therefor
in writing to the applicant.
E. Every application for a certificate of occupancy or a
temporary certificate of occupancy shall be accompanied by
10172 2-25-e9
§ 100-284 ZONING § 100-284
the fee hereinafter specified. Copies of such certificate will be
issued upon the payment of the fee hereinafter specified.
F. A certificate of occupancy shall be deemed to authorize and is
required for both initial occupancy and use of the building or
land to which it applies.
G. Upon written request and upon payment of the fee hereinafter
specified, the Building Inspector shall, after inspection, issue a
certificate of occupancy for any building or use thereof or of
land existing at the time of the adoption of this chapter,or any
amendments thereto, certifying such use and whether or not
the same and the building conform to the provisions of this
chapter.
H. A record of all certificates of occupancy shall be kept in the
office of the Building Inspector, and copies shall be furnished
on request to any agency of the town or to any persons having
an interest in the building or land affected.
I. Certificate of occupancy fees. The following fees-shall be paid
upon the filing of an application with the Building Inspector
for a certificate of occupancy,which fees shall be paid into the
general fund if the application is approved or returned to the
applicant if the application is denied:
(1) Business buildings and/or business uses and additions
and alterations thereto: fifty dollars ($50.).
(2) New dwellings and additions and alterations thereto:
twenty-five dollars ($25.).
(3) Accessory buildings and additions and alterations thereto:
twenty-five dollars ($25.).
(4) Preexisting dwellings: fifty dollars ($50.).
(5) Vacant land: twenty dollars ($20.).
(6) Updated certificates of occupancy by reason of additions
or alterations: fifty dollars ($50.).
(7) Copies of certificates of occupancy issued five(5)or fewer
years ago: five dollars ($5.).
10173 2-25-ss
w
§ 100-284 SOUTHOLD CODE § 100-286 ,
(8) Copies of certificates of occupancy issued more than five
(5) years ago: ten dollars ($10.).
§ 100-285. Penalties for offenses.
For each offense against any of the provisions of this chapter or any
regulations made pursuant thereto or for failure to comply with a
written notice or order of any Building Inspector within the time
fixed for compliance therewith, the owner, occupant, builder,
architect,contractor or their agents or any other person who commits,
takes part or assists in the commission of any such offense or who
shall fail to comply with a written order or notice of any Building
Inspector shall, upon a first conviction thereof, be guilty of a violation,
punishable by a fine of not exceeding five hundred dollars ($500.) or
by imprisonment for a period not to exceed fifteen (15) days, or both.
Each day on which such violation shall occur shall constitute a
separate, additional offense. For a second and subsequent conviction
within eighteen (18) months thereafter, such person shall be guilty of
a violation punishable by a fine not exceeding one thousand five
hundred dollars ($1,500.) or by imprisonment for a period not to
exceed fifteen (15) days, or by both such fine and imprisonment.
§ 100-286. Remedies.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained or any
building,structure or land is used in violation of this chapter or of any
regulations made pursuant thereto, in addition to other remedies
provided by law, any appropriate action or proceeding, whether by
local process or otherwise, may be instituted or taken to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use or to restrain, correct or abate such
violation or to prevent the occupancy of said building, structure or
land or V) prevent any illegal act, conduct, business or use in or about
such premises.
10174 2-2s-<s
§ 100-290 ZONING § 100-292
ARTICLE XXIX
Amendments
[Amended 5-30-75 by L.L. No. 3-1975; 11-15-83 by
L.L. No. 13-1983; 1-8-85 by L.L. No. 1-1985;
1-10-89 by L.L. No. 1-19891
§ 100-290. Procedures.
The Town Board, upon its own motion or by petition, may, from
time to time, amend, supplement, change, modify or repeal this
chapter, including the Zoning Map, by proceeding in the following
manner:
A. The Town Board, by resolution adopted at a stated meeting,
shall fix the time and place of a public hearing on the
proposed amendment and cause notice thereof to be given
pursuant to the provisions of the Town Law.
B. The Town Board, before advertising for a public hearing,shall
in a written request, instruct the Town Planning Board to
prepare an official report defining the conditions described in
a petition and to determine the area so affected, with its
recommendations.
§ 100-291. Fees.
Every petition for a change or amendment to this chapter or the
Zoning Map shall be filed with the Town Clerk and shall be
accompanied by a fee of five hundred dollars ($500.).
§ 100-292. Notice of proposed change of zone classification.
A. In the case of a petition requesting a change in zoning district
classification, in addition to the notice required by law, a
written notice containing the following information shall be
sent by the petitioner, or his agent, by either certified or
registered mail, to every owner of property immediately
adjacent thereto. In the event that any petitioner owns or has
any interest in any property immediately adjacent to the
property proposed to be changed in zoning district classifica-
tion,then written notice shall also be given to the owners of the
10175 2-25-89
§ 100-292 SOUTHOLD CODE § 100-292
property adjacent to such other property of the petitioner. For
the purpose of this section, the words "owner" or "property
owner" mean the owner as shown on the current Southold
Town assessment roll. The notice required by this section shall
be mailed by the petitioner, or his agent, within five (5) days
preceding the filing of the petition in the Town Clerk's office.
Proof of mailing of such notice in the form of a sworn
statement shall be filed with the Town Clerk at the time of
filing the petition. Such notice shall contain the following
information:
(1) A statement that the petitioner proposes to file a petition
with the Southold Town Clerk requesting a change of
zone classification.
(2) A description of the property which is the subject of such
petition.
(3) The present zone district classification of the property
and the proposed zone district classification.
(4) A statement that within five (5) days the petition
requesting such change in zone district classification will
be filed in the Southold Town Clerk's office, Main Road,
Southold, New York, and may then be examined during
regular office hours.
(5) A statement that a public hearing with respect to such
petition must be held by the Southold Town Board before
such change of zone can become effective;that the person
to whom the notice is addressed,or his representative,has
the right to appear and be heard at such hearing and
that a notice of such hearing will be published in the
official town newspaper not less than ten (10) days prior
to such public hearing.
B. In lieu of complying with the provisions of this section,written
verified waivers of notice executed by the persons entitled to
receive such notice may be filed with the Town Clerk at the
time of filing the petition.
C. Failure to comply with the provisions of this section shall not
affect the validity of any action with respect to such petition.
10176 2-25-89
Town of Southold
Density and Minimum Lot Size Schedule for Residential Districts'
[Added 1.10-89 by I.L.No.1-19891
R-40 R-80 R-120 R-200 R-400 HD
A-C Residential Residential Residential Residential Residential Hamlet RR RO
Agricultural- Low-Density Low-Density Low-Density Low-Density Low-Density Density Resort Residential
Districts Conservation (One-Acre) (Two-Acre) (Three-Acre) (Five-Acre) (Ten-Acre) Residential Residential Office
MINIMUM LRT SIZE(square feet):
1-family detached dwelling
Residential unit without utilities 80,000 40,000 80,000 120,000 200,000 400,000 20,000(vii) 20,000(vii) 40,000
Residential unit with community water NA NA NA NA NA NA 20,000(vii) 20,000(vii) NA
Residential unit with community water NA NA NA NA NA NA 10,000(xi) 12,000(xi) NA
and sewer
2-family detached dwelling
2-family dwelling without utilities 160,000(xii) 80,000(iii) 160,000(xii) 240,000(v) 400,000(vi) 800,000(vi) 40,000(ii) 40,000(ii) 80,000(iii)
2-family dwelling with community water NA NA NA NA NA NA 40,000(ii) 40,000(ii) NA
2-family dwelling with community water NA NA NA NA NA NA 20,000(vii) 20,000(vii) NA
and sewer
Multiple dwelling unit or townhouses
Multiple dwelling or townhouse without NA NA NA NA NA NA 20,000 20,000 NA
utilities
Multiple dwelling or townhouse with NA NA NA NA NA NA 20,000 20,000 NA
community water
Multiple dwelling or townhouse with NA NA NA NA NA NA 10,000 10.000 NA
community water and sewer
Motel,hotel or conference center guest
unit2
Guest unit without utilities NA NA NA NA NA NA NA 6,000 NA
Guest unit with community water NA NA NA NA NA NA NA 6.000 NA
Guest unit with community water and NA NA NA NA NA NA NA 4,000 NA
sewer
Nonresidential use(as permitted)
Use with or without utilities 80,000 40,000 80,000 120,000 200,000 400,000 NA 40,000 40.000
KEY:
NA=Not applicable.
NOTES:
Roman numerals refer to applicable column in the Residential Bulk Schedule.Where no Roman numeral is indicated,refer to the district column in the Residential Bulk Schedule.
s For multiple dwelling,hotel,motel and/or conference uses(where permitted),this table refers to minimum lot area per unit.Refer to the Residential Bulk Schedule for total lot size,yard
and setback dimensions for the applicable district,unless more-restrictive requirements are indicated in the text of the chapter.
W
§ 100-300 ZONING § 100-300
ARTICLE XXX
Severability
[Added 1-10-89 by L.L. No. 1-19891
§ 100-300. Severability.
Should any section or provision of this chapter be decided by the
courts to be unconstitutional or invalid, such decision shall not affect
the validity of the chapter as a whole or any part thereof other than
the part so decided to be unconstitutional or invalid.
10177 2-25-89
s
s r f •
Town of Southold
Density and Minimum Lot Size Schedule for Nonresidential Districts'
[Added 1-10-89 by LL No. 1-1989]
LIO
LB HB B Light Industrial LI
Limited Hamlet General M-I M-II Park/Planned Light
District Business Business Business Marine I Marine II Office Park Industrial
MINIMUM LOT SIZE(square feet):
Business,office,industrial or other nonresidential use
Use with or without utilities 80,000 20,000 10,000 40,000 80,000 120,000 40,000
1-family detached dwelling
Residential unit without utilities 80,000(iii) 20,000(vii) NA 40,000 40,000(vii) NA NA
Residential unit with community water NA 20,000(vii) NA 20,000 20,000(vii) NA NA
Residential unit with community water and sewer NA 10,000(xi) NA 10,000 10,000(xi) NA NA
2-family detached dwelling
2-family dwelling without utilities 160,000 40,000(ii) NA NA NA NA NA
(xii)
2-family dwelling with community water NA 40,000(ii) NA NA NA NA NA
2-family dwelling with community water and sewer NA 20,000(vii) NA NA NA NA NA
Multiple dwelling unit or townhouse=
Multiple dwelling or townhouse without utilities NA 20,000 NA NA NA NA NA
Multiple dwelling or townhouse with community water NA 20,000 NA NA NA NA NA
Multiple dwelling or townhouse with community water and sewer NA 10,000 NA NA NA NA NA
Motel,hotel or conference center guest unite
Guest unit without utilities NA 6,000 6,000 NA 6,000 6,000 6.000
Guest unit with community water NA 6,000 6,000 NA 6,000 6,000 6.000
Guest unit with community water and sewer NA 4,000 4,000 NA 6,000 6,000 4.000
KEY:
NA=Not applicable.
NOTES:
Roman numerals refer to the applicable column in the Residential Bulk Schedule.
For multiple dwelling,hotel,motel and/or conference uses(where permitted),this table refers to minimum lot size per unit. Refer to the Residential Bulk Schedule for total lot size,
yard and setback dimensions for the applicable district,unless more-restrictive requirements are indicated in the text of the chapter.
2-25.89
Town of Southold
Bulk Schedule for Residential Districts
[Added 1-10-89 by LL No. 1.1989]
Column No. i ii Iii iv v A vii ix x xi xii
Residential Unit
Where Community 2-Family Detached
Water and Sewer Dwellings in R-80
District A-C R40 R-80 R-120 R-200 R400 HD RR RO Available District
Minimum Requirements for 1-family detached
dwellings'
Lot site(square feet) 80,000 40,000 80,000 120,000 200,000 400,000 20,000 20,000 40,000 10,000 1611,000
Lot width(feet) 175 150 175 200 270 270 75 75 150 60 270
Lot depth(feet) 260 175 250 300 400 400 120 120 175 80 400
Front yard(feet) 60 50 60 60 60 60 35 35 50 30 till
Side yard(feet) 20 15 20 30 30 30 15 15 15 15 31)
Both side yards(feet) 45 35 45 60 60 60 30 30 35 30 60
Rear yard(feet) 75 50 75 85 100 100 35 35 50 30 K5
Livable floor area(square feet per dwelling 850 850 850 850 850 850 8502 850 850 850 8.50
unit)
Maximum permitted dimensions:
Lot coverage(percent) 20 20 20 10 5 5 25 25 20 25 10
Building height(feet) 35 35 35 35 35 35 35 35 35 35 :15
Number of stories 2;2 2V2 2;4 2Y, 2'Y2 2% 2'Y2 2)¢ 2,� 2Y2 21,
NOTES:
'See text of chapter and Density and Minimum Lot Size Schedules for applicable districts.
2 Except one-bedroom or studio in multiple dwelling may have six hundred(600)square feet.Minimum floor area may be reduced up to two hundred(200)for moderate-and/or lower-cost
dwellings.
3 Except one-bedroom or studio in multiple dwelling may have six hundred(600)square feet.
2.25.89