HomeMy WebLinkAboutZoning Update Diagnostic Report 2023-04-03 Southold NY.pdfApril 04, 2023
ZONING DIAGNOSTIC REPORT
TOWN OF SOUTHOLD, NY
TABLE OF CONTENTS
01: INTRODUCTION
Introduction 1
Guiding Principles 3
Comprehensive Goals 4
Identified Issues 5
02: CODE SNAPSHOT
Code Snapshot 7
03: ANALYSIS AND CONSIDERATIONS
Administrative Sections 9
Zoning District Standards Generally 11
Generally Applicable Regulations (Articles 8-11) 28
04: SUMMARY CONCLUSION
Summary Conclusion 31
APPENDICES
A: Consistency Matrix: Administrative Articles 33
B: Consistency Matrix: Zoning District Articles 39
C: Consistency Matrix: Generally Applicable Regulations 55
D: New Code: Table of Contents 59
E: Comprehensive Use Tables 65
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Section01
Introduction
1
Section 1: Introduction
As the first English speaking settlement in New York, the Town of Southold
and its nine hamlets hold a special place in the state’s history. For over
three hundred years, the Town was settled and developed without
zoning. The twentieth century brought new development pressures to the Town
as the New York City region, particularly Long Island, grew rapidly. A zoning
code was first adopted for Southold Town in 1957 and was overhauled in 1971 and
again in 1989. In the decades that followed, increased development pressures,
a burgeoning agritourism industry, erosion, and sea level rise have presented
challenges, many of which have been addressed by piecemeal amendments to
the code.
Southold is a unique community – a small historic town at the eastern edge
of Long Island’s north fork. But the Town’s zoning code places it in the
undistinguished company of many American communities that have outdated,
piecemeal updated, cumbersome, and inadequate zoning codes that serve
as a barrier to fully achieving the community’s vision. One might retort that
Southold is doing “just fine” and ask why the Town would spend precious public
resources on something as insipid as revising the zoning code. The answer is
that zoning impacts everyone who owns, uses, or interacts with real property –
which is everyone who lives in, works in, or visits Southold Town and its hamlets.
When the Town’s first major zoning code overhaul was completed in 1971, the
legal concept of zoning was a little more than 50 years old. For a century now,
zoning has been recognized as a legitimate exercise of a local government’s
police powers. Zoning was originally conceived to protect against the adverse
public health, safety, and welfare impacts of severe overcrowding and
incompatible land uses in New York City, in particular Manhattan. At the time,
New York City was rapidly transitioning from a crowded nineteenth century-
built environment to an even more crowded, denser, and much taller twentieth
century-built environment. Regulations to address overcrowding were of
paramount importance to a burgeoning metropolis.
In the decade that followed its adoption, New York City-style zoning made its
way to towns and cities across America, including the Village of Euclid, Ohio
adjacent to Cleveland. In 1926, the legal concept of zoning was tested by the
United States Supreme Court in the Euclid v. Ambler Realty Co. Following
the Euclid case, many American communities adopted what is commonly
referred to as Euclidean zoning – a brand of zoning known for its emphasis on
use segregation and setbacks to guard against incompatible land uses and to
preserve natural light and adequate airflow. Southold’s zoning code is primarily
Euclidean, with some form elements only recently added.
2
Euclidean zoning is a proscriptive approach to land use that focuses on what
cannot be done on real property. In response to trends that have emerged over
the last decade, contemporary zoning codes focus on promoting a community’s
vision by prescribing regulations focused on advancing a community’s vision.
This approach is outcome driven and concentrates on varied land use issues,
including use, building form, the pedestrian experience, and relationships
among the public and private realm. It allows the community to set the vision
and then regulate to the outcome instead of regulating only to protect against
undesirable outcomes.
A community’s zoning should be the implementation of its vision as outlined in
its planning. The Town’s zoning should reflect the uniqueness of Southold and
its hamlets and the collective vision of its residents. That vision should radiate
through the regulations. As the Town prepares to consider amendments to the
zoning code, this report provides a critical review of the Town’s existing zoning
regulations as they relate to the community’s vision and desired outcomes. It
also provides considerations of ways to better promote the Town’s vision and
desired outcomes through zoning amendments.
It is important to note that this analysis is not scientific or absolute. Revising a
zoning code to better align it with a community’s vision and desired outcomes is
an iterative process among the Town’s residents, its officials, and the consultant
team.
The analysis, conclusions, and considerations in this report are based on our
professional judgment derived from on our knowledge and experience with
land use regulations and zoning codes in communities of all shapes and sizes,
including coastal communities and other communities in New York. It is also
informed by our visits to Southold and our extensive discussions with Town
officials.
This report is the beginning not the end of the discussion. It is intended to start
the conversation in earnest by exposing shortfalls with the Town’s current land
use regulatory scheme and suggested considerations that will be the focus of
robust policy discussions. Decisions on the scope and content of revisions are
ultimately that of the Town upon extensive community engagement and input.
The considerations in this report are subject to change as we more deeply
engage with the community and learn more.
3
GUIDING PRINCIPLES
We have reviewed the zoning code through the policy lens of the Town’s 2020
Comprehensive Plan – specifically Goal #1 “Update Town Code” – and in light of
the following general zoning principles that inform ZoneCo’s work:
1. Zoning should regulate only what needs to be regulated to advance the vision
and promote public health, safety, and welfare.
Zoning regulations should place limits on the use of land only when necessary to
promote general welfare. Regulations that do not relate to public interests, such as
health and safety, may overstep the police power and may not be legally defensible.
2. Zoning should respect both existing and desired development patterns.
Zoning regulations should relate to a community’s desired development
patterns and quality of life. When regulations are out of step with desired
development patterns, landowners will often resort to variances to gain
approvals for projects that should otherwise be permitted. This increases
the cost of investing in a community. Furthermore, processing such
approvals and variances can unduly burden government departments.
3. Zoning should be the implementation of a plan, not a barrier to achieving
desired outcomes.
Zoning should be a tool to implement a community’s vision as expressed in its
comprehensive plan. In many instances, a community invests time, funds, and
energy into the development of a comprehensive plan, but zoning regulations
are overlooked or revised over time in a disjointed manner. This scenario
leads to outdated, inconsistent, and disorganized zoning regulations that are
cumbersome, intimidating, and costly for property owners and administrators
alike, and impede planning goals and economic development. On the other
hand, a comprehensive update to zoning within the long-term planning
process allows for clear, usable, defensible, and consistent regulations that
operate efficiently to protect the public’s interests and promote desired
outcomes.
4
COMPREHENSIVE PLAN GOALS
The Comprehensive Plan includes 13 Town-Wide Goals. The first three objectives
relate specifically to zoning. Goals five through thirteen are focused on protecting
and enhancing the Town’s character, natural resources, open space, parklands,
and environment, agriculture and farmland preservation, environmental resilience,
economic prosperity, and overall quality of life (collectively, hereinafter, the “Land
Use Goals”). Each of the zoning code sections has been reviewed in light of the
above goals, and their objectives and the considerations in this report are made in
light of advancing one or more of them.
Goal 1: Update the Town Code
Revise the Town Code, particularly the Zoning Chapter and other Land-Use-
related chapters, to be easier to use.
Goal 2: Review and Update Zoning Town-wide
Ensure that the existing zoning is appropriately located, uses are of the
appropriate scale and intensity for the location, and all are consistent with the
other goals of this plan.
Goal 3: Enforce the Town Code
Southold Town will continue to enhance its ability to enforce its regulations.
Goal 4: Improve Traffic Congestion and Safety
Ensure Infrastructure supports Town residents and businesses.
Goal 5: Protect the Town Character
Southold retains much of its small-town charm.
Goal 6: Protect and Enhance the Town’s Natural Resources and Environment
The importance of managing and preserving Southold’s natural resources
while promoting responsible user experiences is paramount in maintain the
quality of life within the Town.
Goal 7: Economic Prosperity
Facilitate the growth of existing businesses, and encourage new businesses
for stable and sustainable employment.
Goal 8: Enable the Creation of Attainable Homes
The Town must take steps to facilitate the creation of attainable housing in
Southold.
5
Goal 9: Retain and Advance the Business of Agriculture
Agricultural uses occur on 30 percent of the land area in Southold Town, are
important to the economy, and represent vital elements of the community’s
character.
Goal 10: Continue to Preserve Farmland and Open Space
Southold’s character is created in large part by its open spaces, including
farmland, natural lands, and parks.
Goal 12: Prepare the Town for Natural Hazards
Southold Town is subject to natural hazards, including hurricanes, flooding,
and sea level rise, which can imperil human lives, property, and the
environment.
Goal 13: Provide Quality Parks and Recreation Opportunities in the Town
Southold offers a diversity of recreational opportunities, from public tennis
courts and playing fields, to nature trails and beaches.
The overarching goal of this zoning code re-write project is to craft custom-
tailored, clear, consistent, user-friendly, resilient, equitable, and defensible zoning
regulations that advance the Town’s quality-of-life vision. The new code should be
streamlined, made more user-friendly and more effective at achieving the Town’s
desired outcomes. Southold is not a one-size-fits-all community, and its zoning
regulations should not be one size fits all.
Section02
Code Snapshot
7
While the Town of Southold was established in 1640, the Town’s first
municipal zoning code was introduced in 1957. A major zoning
code rewrite and overhaul occurred in 1971 and again in 1989. Most
of the provisions in the code’s 244 pages have been piecemeal
updated since, with a substantial number of updates having been made in 1994
and 2017. A significant number of piecemeal updates is usually a reaction to a
zoning code that is not keeping up with an evolving community
Ch. 280 “Zoning” contains three categories of regulations:
(i) administrative regulations (Articles I, XXIII-XXIX);
(ii) zoning district regulations (Articles II-XV, XXX-XXXV); and
(iii) generally applicable regulations (Articles XVI-XX, XXXVI).
The code has been regularly updated to address the land use issues of the
day, which has created a set of regulations that do not reflect a cohesive and
consistent vision for the Town. The zoning code should be written so that it
proactively promotes the community’s vision. For example, setting forth a
clear vision for the size, scale, massing, and location of all structures in the
Town should be as important, and in some instances, more important than their
function.
The zoning code is decidedly outdated in key areas that adversely affect the
usability, clarity, and overall effectiveness of the regulations. Some examples
include the use of gender-specific pronouns, exclusively “he,” “him,” and “his,”
antiquated definitions, land uses that do not reflect desired uses, and a lack of
graphics or tables to help convey complex concepts. It also uses appendices for
important information, such as bulk standards, which if integrated into the code
would make it easier to use and administer.
As a result of the piecemeal updates, the code needs to be read as a cohesive
set of regulations promoting a commonly understood vision. It is a mashup
of layers of decades of regulations that attempts one-size-fits-all solutions
to bespoke issues – issues specific to a community on a narrow land mass
at the end of an island (in one case, an island off an island) with significant
development pressures and high land values.
Section 2: Code Snapshot
Analysis & Considerations
Section03
9
Administrative Sections
(Articles I, XXIII-XXIX)Articles I, XXIII-XXIX contain the code’s administrative sections, which
include general introductory provisions and definitions, nonconforming
uses and buildings, site plan approval, special exception uses, board of
appeals, and administration and enforcement. These sections provide
the avenue for zoning applications, approvals, and appeals.
With respect to these sections, the Comprehensive Plan includes the following
goals and objectives:
• Goal 1, Objective 1.4 - Review definitions.
• Goal 1, Objective 1.5 - Change obsolete terminology to more easily
recognizable terms.
• Goal 1, Objective 1.6 - Revise the code to provide more clarity about the
development process, including providing more clarity on when a site
plan is required, landscaping requirements on commercial and industrial
sites, parking schedule, special exception uses, and residential site plans.
Article I has a total of 266 definitions. Approximately 170 defined terms, or
64%, are original to a 1973 amendment of the code and approximately 36% of
defined terms have been amended since then. Of those, the largest number were
amended in 2017 (primarily agricultural terms) and 2019 (primarily recreational
terms). With a majority of terms having been defined 50 years ago, many of
which are uses, it is no wonder that two of the Comprehensive Plan’s objectives
include “review definitions” and “change obsolete terminology to more easily
recognizable terms.” (See Goal 1, Objectives 1.3, 1.4). We have aggregated all
definitions in one place and are prepared to review and revise them during the
project’s calibration module (Module II).
Approximately 40% of the administrative code provisions were amended later
than 2010. The administrative sections of the code are not necessarily broken;
however, they could be improved and clarified for ease of use, streamlining, and
administration. The following are considerations for the code rewrite:
Section 3: Analysis & Considerations
10
Considerations: Consider the following:
• Include tables and graphics to organize procedures where appropriate.
For example, a comprehensive procedures summary table is helpful for
the user and administrator.
• Include “how to” provisions at the beginning of the code in a “Introduction
and How to Use This Code” section. Glossaries tend to be long and despite
previous conventional thinking not introductory or a helpful or effective
way to begin a code. Move the definitions to a comprehensive glossary
at the end of the code.
• Update the code’s purpose and intent statements to reflect the
Comprehensive Plan goals and objectives.
• Relocate the administrative sections to the end of the code. Modern
zoning codes typically locate the administration, procedures, and glossary
sections toward the end of the code to focus the reader’s attention on
answers to the primary questions: what can I do with my property and
how can I do it? These important questions should be answered up front
with procedures on how to seek and obtain approvals to follow later in the
code for better organizational flow for the reader and the administrator.
• How to measure, interpret language, and how to read the zoning map are
essential elements of using the code and should be clearly spelled out
with concise wording and graphics/charts.
• Rename the code to better reflect the Comprehensive Plan goals and
objectives as follows: “Southold Town Land Use Regulations.”
• Clarify and streamline the site plan review process; particularly the
application perfection procedures and provide Town staff with authority
to determine application completeness.
• Remove all fee schedules from the code and replace them with a reference
to a fee schedule maintained by the Town that may be updated from time
to time.
• Review all regulations involving legal standards for compliance with state
statutory and common law by the Town attorney.
• For additional comments and recommendations, please see the
“Administrative Articles” worksheet attached hereto as Appendix A.
• For a proposed table of contents, please see “Proposed Table of Contents”
attached hereto as Appendix B.
• For comprehensive existing use tables, please see “Comprehensive Use
Tables” attached hereto as Appendix C.
11
Zoning District Standards - Generally
(Articles II-XV, XXX-XXXV)
The zoning districts and associated standards could be more user-friendly using
tables and illustrative and regulatory graphics. This will allow each district to be
efficiently laid out so that all standards specific to that district are contained in a
maximum of two-to-three pages.
Further, duplication abounds in the district sections. Provisions related to general
exceptions to height and yard regulations, to lot grade topography and drainage,
and any provisions that are generally applicable across districts should be
located either in an introductory section or included with generally applicable
regulations. Fewer long paragraphs and more tables and graphics will streamline
each district.
The code contains 23 distinct zoning districts, eight of which being residential
districts, six of which being business districts, and the remainder being agricultural,
recreational, conservation, and preservation districts. The zoning districts are
one-size-fits-all districts, meaning they are mapped throughout the Town based
solely on desired land use and irrespective of their geographic location within
the Town.
As such, the building standards and uses prescribed in each zoning district are
not particularly calibrated to the numerous unique development patterns in and
around each of the Town’s hamlets. Some zoning districts are more frequently
mapped in certain hamlets. Zoning districts that are most frequently mapped
in a certain hamlet(s) should be custom tailored and particularly calibrated to
the existing and desired development patterns in the hamlet(s) rather than
generally calibrated to be mapped anywhere in the Town. Doing so would ensure
regulations that are more intentional to desired outcomes.
The following are observations and considerations for each zoning district.
The specific standards for each district along with those generally applicable
standards will be reviewed and revised as part of the calibration module (Module
II).
12
Agricultural-Conservation (AC)
The Agricultural Conservation (AC) zoning district is the most frequently
mapped district in Southold and is most frequently mapped in Cutchogue and
Mattituck/Laurel in the western portions of the Town. This zoning district is
generally serving its intended purpose and is well crafted to advance the Land
Use Goals related to the preservation and proliferation of agricultural uses in
Southold.
Considerations: Consider the following:
• Including more robust farmstand regulations to address externalities such
as increased traffic, parking, signage, and sales of food and products.
• Allowing an accessory dwelling unit (ADU) outside of the principal
building to allow for additional affordable housing for farm workers.
• Reformatting and addition of tables and graphics.
• See the Consistency Matrix at Appendix “A” for specific comments and
considerations for each section within the district.
An example of an AC District development pattern
13
Low-Density Residential (R-80, R-120, R-200, R-400)
The R-80, R-120, R-200, and R-400 zoning districts are collectively the second
most mapped districts in Southold Town. R-80 is found in all the Town’s hamlets
and alone is the third most mapped zoned in Southold Town, whereas R-120 and
R-200 are found in only one hamlet each, Fishers Island and Orient (primarily
on protected wetland areas owned by the State of New York), respectively. The
R-80, R-120, and R-400 zoning districts are each mapped on more than 500
acres of property.
As its name indicates, these zoning districts are intended to be a “low-density”
residential district, with minimum lot sizes of 40,000, 80,000, 120,000, 200,000,
and 400,000 square feet, respectively. The distinction between these districts
is primarily lot size. These districts evidence the Town’s largely low-density
residential development pattern.
While these zoning districts should be reorganized, reformatted, and recalibrated
to address issues of redevelopment and infill construction, they are advancing
six of the Land Use Goals.
An example of R-200 and R-400 District development patterns
14
Considerations: Consider the following:
• Separating R-80 from the other districts because of its prevalence.
• The R-120 zoning district only applies to Fishers Island and R-200 only
applies to Orient. Consider recalibrating these districts specifically
for the existing and desired development patterns in these respective
hamlets and more aptly rename them “Fishers Island Residential” and
“Orient Residential.”
• Creating tolerances through setback and height averaging so that
property owners have a range of acceptable dimensions that are context
sensitive and harmonious with surrounding properties. Do not allow
variances outside of the range.
• Simplifying the accessory building height standards by calibrating
them to the scale and height of the principal building For example, an
accessory structure to a one-story principal building could be 16 feet and
an accessory structure to a two-story principal building could be 22 feet
and could be measured in the same manner as the principal building.
• Creating residential scale, massing, and placement typologies to assist
in achieving desired development patterns for redevelopment and infill
construction.
• Reformatting and addition of tables and graphics.
• See the Consistency Matrix at Appendix “A” for specific comments and
considerations for each section within the district.
15
Low-Density Residential (R-40)
The Low-Density Residential (R-40) zoning district is mapped in all hamlets
and is the third most mapped zone in Southold Town. The R-40 zoning district
is the most common residential district and most closely reflects the most
prevalent development pattern in Town – the single-unit house. This zoning
district should be recalibrated to ensure that it is accurately reflecting current
trends in residential development.
Considerations: Consider the following:
• Simplifying the accessory building height standards by calibrating
them to the scale and height of the principal building For example, an
accessory structure to a one-story principal building could be 16 feet and
an accessory structure to a two-story principal building could be 22 feet
and could be measured in the same manner as the principal building.
• Reformatting and addition of tables and graphics.
• See the Consistency Matrix at Appendix “A” for any specific comments
and considerations for each section.
An example of R-40 District development pattern
16
Hamlet Density (HD) Residential District
The Hamlet Density (HD) Residential District is mapped primarily in the Greenport
West hamlet. It appears to have limited application to only a few higher intensity
planned residential developments.
Considerations: Consider the following:
• Eliminating this district as it has very limited application and rezone the few
existing HD zones to a residential district that reflects this development
pattern.
• If not eliminated, renaming this district to better reflect its intent and
purpose.
• Adding accessory building requirements as in other residential
districts.
• Reformatting the district and addition of tables and graphics.
• See the Consistency Matrix at Appendix “A” for any specific comments
and considerations for each section.
An example of Hamlet Density Residential District development pattern
17
Affordable Housing (AHD) District
The Affordable Housing (AHD) District is primarily mapped in the hamlets
of Greenport West and Southold. This zoning district contemplates “high-
density” “affordable” housing yet neither term is precisely defined in the code.
The code also differentiates between tenant-occupied and owner-occupied
units and includes minimum unit sizes in the AHD. The AHD directly promotes
Land Use Goal 8 – Enable the Creation of Attainable Homes – but could do so
in a more flexible manner and more effective manner.
Considerations: Consider the following:
• Defining terms used in relation to this district, including “Smart Growth
planning” and “Hamlet Locus Zones.”
• Reviewing the justification for the public purpose of differentiating
between tenant and owner-occupied units as zoning does not typically
differentiate between ownership and non-ownership. The justification
is unclear.
• Clarifying the reference to “MIFDU tenant-occupied dwelling unit less
than 850 square feet” under Minimum Requirements. The justification
for this numerical requirement is unclear.
• Reviewing the existing 24 dwelling unit maximum and its impact on
meeting the need for attainable homes in the Town. The genesis of this
maximum requirement us unclear. The Town removed the 24-unit cap
on March 14, 2023.
• Reviewing the law related to the Planning Board granting a variance
contrary to New York State Town Law (referral to Town Attorney).
• Reformatting and addition of tables and graphics.
• See the Consistency Matrix at Appendix “A” for any specific comments
and considerations for each section.
18
An example of AH District development pattern
19
Resort Residential (RR) District
The Resort Residential (RR) District is primarily mapped for waterfront resort-
style developments in Cutchogue, Greenport West, and Southold. It is currently
only mapped on approximately 83 acres of the Town. The RR district addresses
a very specific land use and development pattern and does not widely promote
the Land Use Goals.
Considerations: Consider the following:
• Reformatting and addition of tables and graphics.
• See also the Consistency Matrix at Appendix “A” for specific comments
and considerations for each section.
An example of RR District development pattern
20
An example of RO District development pattern
Residential Office (RO) District
The Residential Office (RO) District is primarily mapped along County Roads
25 and 48 in Cutchogue, Greenport West, and Southold. The district is found
on the edge of hamlet business districts where residential structures have been
primarily converted to professional offices, each with their own driveway curb
cut. This zoning district is only mapped on approximately 86 acres of the Town
and is not likely to be expanded as conversions of single-family residences to
commercial uses is not in furtherance of the Land Use Goals.
Considerations: Consider the following:
• Reviewing permitted uses to ensure they are appropriate transitions
from commercial to residential uses.
• Reformatting and addition of tables and graphics.
• See also the Consistency Matrix at Appendix “A” for specific comments
and considerations for each section).
21
Limited Business (LB) District
The Limited Business (LB) District is mapped primarily along County Road 48.
It is applied to approximately 102 acres and appears to be achieving the desired
purposes of small-scale commercial uses along corridors outside of hamlet
business districts. These uses are auto-oriented with at least one curb cut on
County Road 48.
Considerations: Consider the following:
• Reviewing permitted uses to ensure they are appropriate transitions
from commercial to residential uses.
• Revising language in this district to more clearly determine whether it is
intended to allow for lots smaller than 40,000 square feet.
• Allowing a shallower front yard setback and encouraging side and rear
yard parking as the minimum front yard setback of 100 feet guarantees
a building setback from the street with front yard parking.
• Reformatting and addition of tables and graphics.
• See the Consistency Matrix at Appendix “A” for specific comments and
considerations for each section.
An example of LB District development pattern
22
Hamlet Business (HB) District
The Hamlet Business (HB) District is primarily mapped in the hamlet
business districts of Cutchogue, Mattituck/Laurel, and Southold, but is
mapped in all hamlets other than Greenport West. It is small town center
zoning. Each of the hamlet business districts have unique attributes.
Most of these districts have a pedestrian-orientated development pattern;
however, in a few instances the district includes commercial development
with front yard parking. This district should be re-calibrated to ensure that it is
protecting existing development patterns while achieving desired development
patterns in this relatively small-scale fabric of the Town.
Considerations: Consider the following:
• Creating a Hamlet Business (HB) District with a subdistrict calibrated
specifically for each unique hamlet commercial center.
• Reformatting and addition of tables and graphics.
• See the Consistency Matrix at Appendix “A” for specific comments and
considerations for each section.
An example of HB District development pattern
23
General Business (B) District
The General Business (B) District is primarily mapped on the outskirts of
Mattituck/Laurel Southold, and Cutchogue along County Roads 25 and 48, and
is also mapped in all hamlets save New Suffolk. The auto-oriented district applies
to approximately 154 acres of the Town. Existing development patterns in the
district include traditional suburban-style commercial with front yard parking,
including retail plazas, junior-box retail pharmacies and grocery, drive-through
banks, standalone restaurants, and gas stations.
Considerations: Consider the following:
• Creating a new district called “Corridor Commercial (CC) District” that
combines the General Business and Limited Business districts into one
district calibrated for desired development patterns and uses along the
Town’s commercial corridors.
• Allowing a shallower front yard setback and encouraging side and rear
yard parking as the minimum front yard setback of 100 feet guarantees a
building setback from the street with front yard parking.
• Reformatting and addition of tables and graphics.
• See the Consistency Matrix at Appendix “A” for specific comments and
considerations for each section.
An example of GB District development pattern
24
Marine I, II, III (MI) Districts
These districts are sparsely mapped and serve their intended purposes.
Considerations: Consider the following:
• No major considerations other than reformatting and addition of tables
and graphics.
• See the Consistency Matrix at Appendix “A” for specific comments and
considerations for each section).
An example of LIO District development pattern
25
Light Industrial Park/Planned Office Park (LIO) District
The Light Industrial Park/Planned Office Park (LIO) District is primarily mapped
in Cutchogue and Greenport West and on less than 100 total acres of the Town.
It is intended for planned office/industrial park development off County Road
48 in Cutchogue and an existing light industrial park on County Road 25 in
Greenport West.
Considerations: Consider the following:
• Combing the LIO and LI districts as they promote similar development
patterns.
• Consider allowing additional uses such as artist live-work/maker spaces.
• No major considerations other than reformatting and addition of tables
and graphics.
• See the Consistency Matrix at Appendix “A” for specific comments and
considerations for each section).
Light Industrial (LI) District
The Light Industrial (LI) District is primarily mapped in Cutchogue, but is also
found in Greenport West, Mattituck/Laurel, Peconic, and Southold. The largest
concentration of LI District zoning is adjacent to the largest LIO District, which
is located on County Road 48 in Cutchogue.
Considerations: Consider the following:
• Combining the LIO and LI districts as they promote similar development
patterns.
• No major considerations other than reformatting and addition of tables
and graphics.
• See the Consistency Matrix at Appendix “A” for specific comments and
An example of LI District development pattern
26
considerations for each section).
Agricultural Planned Development (APD) District
The Agricultural Planned Development (APD) District does not appear to
be mapped and its purpose is unclear. Zoning agricultural property for
development one acre at a time does not seem to effectuate any of the goals
of the Comprehensive Plan. Consider removing this district and amending the
Agriculture-Conservation (AC) district to allow similar rights under limited
circumstances. There are no other major considerations other than reformatting
and the addition of tables and graphics to more clearly explain these regulations.
See the Consistency Matrix at Appendix “A” for specific comments and
considerations for each section).
Plum Island Research District (PIR)
The Plum Island Research District is a special district tailored to Plum Island in
the hamlet of Orient. This zoning district should be maintained. There are no
major considerations other than reformatting and the addition of tables and
graphics to more clearly explain these regulations.
See the Consistency Matrix at Appendix “A” for specific comments and
considerations for each section).
Plum Island Conservation District (PIC)
The Plum Island Conservation District is a special district tailored to Plum Island
in the hamlet of Orient. It appears to be achieving its intended purpose of
conserving Plum Islands’ natural features and should be maintained. There are
no major considerations for this district.
See the Consistency Matrix at Appendix “A” for specific comments and
considerations for each section).
Historic Preservation District
The Historic Preservation District (HPD) does not appear to be mapped. There
are no major considerations other than reformatting and the addition of tables
and graphics to more clearly explain these regulations.
See the Consistency Matrix at Appendix “A” for specific comments and
considerations for each section).
27
Recreational Floating Zone District (RFZ)
The Recreational Floating Zone District (RFZ) does not appear to be mapped.
There are no major considerations other than reformatting and the addition of
tables and graphics to more clearly explain these dimensional regulations.
A floating zone is an optional zone that may be mapped upon petition of a
property owner. These could also be what are referred to as overlay zones,
which overlay existing base zones. These terms should be further clarified and
we will whether this zone continues to be necessary.
See the Consistency Matrix at Appendix “A” for specific comments and
considerations for each section).
Residential Dwelling Size Limits
The residential dwelling size limits were recently introduced and are applicable to
all residential construction in Southold Town. There are no major considerations
other than reformatting and the addition of tables and graphics to more clearly
explain these dimensional regulations.
For additional comments and recommendations, please see the “Zoning District
Articles” worksheet attached hereto as Appendix B.
For a proposed table of contents, please see “Proposed Table of Contents”
28
attached hereto as Appendix D.
For comprehensive existing use tables, please see “Comprehensive Use Tables”
attached hereto as Appendix E.
Generally Applicable Regulations
(Articles XVI-XX, XXXVI)
Articles XVI-XX, XXXVI contain regulations that apply across all zoning districts.
These provisions, particularly signs and off-street parking, lend themselves well to
tables and illustrative/regulatory graphics and they should be included where they
are helpful.
Overall, the generally applicable regulations cover the basics but are imprecise and
outmoded. These provisions most frequently promote Goal 5 – Protect the Town
Character, Goal 7 – Economic Prosperity, and Goal 12 – Prepare the Town for Natural
Hazards. While promoting the Land Use Goals, these provisions could be doing
more to promote the other goals of the Comprehensive Plan, as follows:
• The existing wireless communications facilities provisions will require review
and updating by a wireless communications consultant.
• While signage is generally tasteful in Southold, the sign code will need to be
reviewed in its entirety and replaced with a content-neutral code following the
United States Supreme Court’s decision in Reed v. Gilbert.
• The landscaping regulations should be updated to include a native species and
prohibited species list and should include pervious surface requirements and
limits on new impervious surfaces to address the impacts of development on
stormwater runoff.
• Regulations regarding tourist camps, camp cottages, and trailers do not reflect
modern trends in this industry.
• Off-street parking is an important issue in a spread-out and largely auto-
dependent community. Bicycles are an important part of the transportation
network of Southold, yet important bike infrastructure such as protected bike
lanes and bicycle parking is lacking.
• Transportation is by private car and on foot. Ensuring adequate on-and-off-
street parking is important to the success of the Town’s businesses and quality
of life. It is difficult to know whether the current off-street parking standards
are adequate without undertaking a comprehensive parking demand study.
Like most places, parking may be at a premium at certain times and readily
available at others, which depends on the location with the Town.
• Historically, zoning codes have prescribed off-street parking minimums to
address peak demand, such as holidays and busy seasons. While this may
ensure adequate off-street parking is provided for peak times of the year, it
overburdens private property other times. Communities across the nation
have eliminated or right sized their off-street parking minimums in favor of
29
fair market determinations. Surface parking lots, while convenient, do not
contribute to a vibrant pedestrian-oriented environment. In areas with
pedestrian infrastructure, surface parking lots should not be permitted in
the front yard or their location in the front yard should be limited such that
most of the off-street parking is located in the rear or side yards.
• Outdoor lighting technology has evolved considerably since the lighting
restrictions were enacted in 1994. These provisions should be reviewed
to determine modifications based on new technologies such as LED and
whether to relocate the existing to lighting standards from Chapter 172 to
the Zoning Code.
• There are three Municipal Code Chapters that require updating and aligning
with the zoning chapter for consistency. Additional Chapters will be
reviewed for consistency, discussed during the zoning update. The zoning
chapter should reference these three chapters to indicating the importance
and warrant review alongside the zoning chapter.
• Chapter 277 Wind Energy;
• Chapter 72 Agricultural Uses;
• Chapter 253 Tourist and Trailer Camps; and
• Others identified during zoning chapter update.
The best evidence of an effective zoning code is what is on the ground. The
form of multi-family buildings is regulated solely relative to building length
and separation, among other things. These provisions should be reviewed to
determine whether this is the appropriate form for new multi-family construction
in Southold. It may make sense to create a multi-unit building scale, massing,
and design typology that can be followed to create certainty around this
development type.
For additional comments and recommendations, please see the “Generally
Applicable Articles” worksheet attached hereto as Appendix C.
For a proposed table of contents, please see “Proposed Table of Contents”
attached hereto as Appendix D.
For comprehensive existing use tables, please see “Comprehensive Use Tables”
attached hereto as Appendix E.
Section04
Summary Conclusion
31
In summary, the zoning code has been piecemeal updated since 1971 to address
the zoning and development issues of the day. While some more recent
updates have been made to address more recent issues, the piecemeal nature
of the revisions to date have created a disjointed code with inconsistencies
and ambiguities that does not portray a unified or clear vision for the Town. The
code lacks tables to organize lists such as uses. It also lacks illustrations and
graphics to explain complex concepts more simply.
Overall, the code most notably promotes low-intensity development and
agricultural uses, with some emphasis on economic prosperity and environmental
sustainability. Where it does allow for commercial development, the code applies
zoning in a one-size-fits-all manner that creates generic development patterns
not reflective of the diversity of character of the numerous unique hamlets
within the Town. Development pattern, geographic-based districts would allow
for custom calibration of standards to the desired outcomes in these unique
areas of the Town, which are numerous.
Every provision in the new zoning code should promote one or more of
the Land Use Goals. A new zoning code should be simplified to reflect the
relatively simple, small-scale, fine-grain development patterns of this historic
area. Furthermore, the new code should focus on desired outcomes relative
to new construction, additions, and infill development. Critical environmental
issues including stormwater runoff, seal level rise, and erosion should be at
the forefront of every decision in the new code. The code could be further
streamlined by combing certain existing districts.
As this report details, there is much that can be done to establish clear, consistent,
user-friendly, streamlined, resilient, and defensible land use regulations that are
custom tailored to the Southold of today and tomorrow. We look forward to
your comments and feedback.
Section 4: Summary Conclusion
AppendixA
Consistency Matrix: Administrative Articles
33
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE I. - GENERAL PROVISIONS
Generally -Generally, this Article should include all introductory and explan-
atory provisions, including a rules of interpretation and measure-
ment, and an ordinance roadmap to assist the user. Explanatory
graphics and tables should be included where appropriate.
280-1 - Title 1983 The title of the code has not changed since 1983 and describes a
code focused only on zoning. The Comprehensive Plan acknowl-
edges that "[l]and use patterns, together with zoning regulations,
are key aspects of how a community functions and develops. (Plan,
Chapter 3). The Plan prioritizes land preservation, particularly ag-
ricultural lands (Plan, Chapter 3). In light of the overall goals and
objectives of the Town, consider renaming the code the "Southold
Land Use & Zoning Code"
280-2 - Purpose 1989 The stated purposes of the code have not been updated since 1989.
Plan goals 4-13 (Plan, Chapter 3) should be incorporated into the
stated purposes and existing purposes should be review for confor-
mance with the Plan goals.
280-3. - Interpretation and
Conflicts
1989 No considerations. This section is general legal language that
should remain in the code.
280-4. - Definitions.2021 Per Plan Objectives 1.3 and 1.4, all defined terms will be review and
revised to reflect modern usage. Modern codes tend to include a
single, comprehensive glossary at the end of the code rather than
at the beginning. A defined term inventory has been created to
aggregate all terms in one place for review and updating.
ARTICLE XXIII. - NONCONFORMING USES AND BUILDINGS
Generally -Generally, this Article is legal in nature and should be reviewed by New York legal counsel to ensure conformance with the latest state laws on vested rights and property abandonment. This concept of nonconforming uses is especially important in a jurisdiction with such a large inventory of historic buildings.
280-120 - Purpose.1989 This section is acceptable, subject to New York law review.
280-121 - Nonconforming uses.1989 This section is acceptable, subject to New York law review.
280-122 - Nonconforming buildings with conform-ing uses.
2017 This section is acceptable, subject to New York law review.
280-123 - Nonconforming buildings with noncon-forming uses.
2012 This section is acceptable, subject to New York law review.
280-124 - Nonconforming
lots.
2021 It is unclear why lot coverage is a requirement for the use of a non-
conforming lot. It is also unclear whether the lot coverage require-
ment is a minimum or maximum.
280-125 - Repairs and
maintenance.
1989 "Normal maintenance" is not defined and is open to interpretation.
Consider defining "normal maintenance" for purposes of clarity.
280-126 - Involuntary
moves.
1989 This section is subject to New York law review. One consideration is
expanding the exceptions to include involuntary movements due
to soil erosion or sea level rise.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
34
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE XXIV. - SITE PLAN APPROVAL
Generally -Generally, the site plan review process should be clearly articulated
and all specific requirements set forth in tables for ease of use.
280-127 - Applicability.2012 Consider including a table clearly indicating when site plan review
is required. Also, consider exempting agricultural uses other than
argi-tourism uses from site plan approval.
280-128 - Findings of fact;
purpose.
2012 Consider reviewing and updating the purposes of site plan review
to more closely reflect the Plan goals and objectives.
280-129 - Objectives.2014 The list of objectives were added in 2012 and 2014. These should be
reviewed to determine whether any objectives should be added/
revised to reflect the superseding Comprehensive Plan. Additional-
ly, the landscaping and screening requirements are not specified.
They should either be specified herein or a reference to locate the
specifications elsewhere in the code.
280-130 - Approval of site
plan required.
2012 No considerations.
280-131 - Review proce-dure.2012 To improve the efficiency and clarity of the site plan application process, we should consider making changes to the current code. This will benefit all parties involved, including applicants, staff, the Planning Board, and the Building Department. One potential improvement could be to streamline the determination of applica-tion acceptability, possibly through administrative review by Town staff (with appropriate technological upgrades) and input from the Planning Board on the application’s merits.
280-132 - Duration of plan.2012 No considerations.
280-133 - Application re-quirements.2012 Consider including the submission requirements in table for ease of use. Additionally, the number of hard copies could be a burden on applicants. The Town should consider moving towards electron-ic review with a PDF reader. However, the Town will need to update it’s technology with hardware and software updates.
280-134 - Architectural review standards.2005 The architectural review standards are one-size-fits-all for the en-tirety of the Town. As warranted by differences in architecture and character, consider creating specific architectural standards for each hamlet.
280-135 - Architectural Review Committee.2005 No considerations.
280-136 - Land clearing.2006 This section has not been updated since 2006. Consider reviewing
the fine amount to determine whether it is still an effective deter-
rent/penalty in 2023. Additionally, consider prohibiting land clear-
ing unless permits for new development requiring clearing are
in process. Additionally, this section should be moved to general
regulations in order for all properties are subject to it.
280-137 - Standards for
residential site plans.
2009 It is unclear to what type of residential development this site plan
review process is applicable. Sec. 280-127 exempts single-family
residences from site plan review. It is unclear whether this section
contradicts Sec. 280-127. This section should be amended to make
it clear that it applies to all residential development other than sin-
gle-family uses on single-lots, if that is the intent.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
35
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE XXV. - SPECIAL EXCEPTION USES
Generally -Generally, all special exception uses in the code require a public
hearing, but certain special exception uses may consistently raise
the same issues. For those special exception uses, consider creat-
ing permitted uses with specific conditions that would be reviewed
administratively by Town staff. This will reduce demands on the
Zoning Board of Appeals and streamline the process without ad-
versely impacting surrounding land uses.
280-139. Purpose.1989 No considerations.
280-140. Special exception
uses; approval required.
1992 Consider including a comprehensive table of special exception
uses either in this section for ease of reference.
280-141. Application; hear-
ing; approval; violations of
conditions.
2018 Consider deputizing Town staff to determine application complete-
ness rather than the Zoning Board of Appeals. Also, consider allow-
ing any special exception use that also requires site plan approval
to be reviewed in a single hearing rather than two separate hear-
ings.
280-142. General stan-
dards.
2012 It is unclear whether all or some of the general standards must be
satisfied to justify the approval of a special exception. This should
be clarified.
280-143. Matters to be considered.1989 It is unclear whether all or some of the general standards must be satisfied to justify the approval of a special exception. This should be clarified.
280-144. Additional condi-tions and safeguards.1993 This is duplicative of Sec. 280-141 above. Consider moving this provi-sion into Sec. 280-141.
ARTICLE XXVI - BOARD OF APPEALS
Generally -Generally, this section should be combined in an omnibus "Admin-istration and Procedures" article for code streamlining.
280-145. Appointment; membership.1989 No considerations.
280-146. Powers and du-
ties.
2014 No considerations.
280-147. Additional condi-
tions and safeguards.
1989 No considerations.
280-148. Rules of conduct
and procedure.
1989 No considerations.
280-149. Fees.2010 This is a model fee provisions that could be used in other fee sec-
tions of the code.
280-150. Notice of hearing.1995 No considerations.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
36
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE XXVII - ADMINISTRATION AND ENFORCEMENT
Generally -Generally, the provisions can be effective to enforce viola-
tions of the code. The issue with enforcement tends to be re-
sources and staffing more than teeth in the code. Plan Goal
3 - Enforce the Town Code will be more of a resources issue
than a code issue.
280-151. Administrative
and enforcing officer.
2010 No considerations.
280-152. Revocation of
permit.
1989 Consider gender neutral pronouns rather than assuming
that the Building Inspector will be a male employee.
280-154. Certificates of
occupancy.
1989 Are certificates of occupancy necessary for re-tenanting
space? If so, consider exempting replacement of like uses
from certificate of occupancy requirement.
280-155. Penalties for of-
fenses.
2019 Updated in 2019. Requires New York law review.
280-156. Remedies.2010 More than 10 years since adoption. Needs New York law re-
view.
ARTICLE XXVIII - AMENDMENTS
Generally -Generally, amendments are legislative acts and are gov-
erned by the rules of procedure of the Town Board.
280-157 - Procedures.2003 No considerations.
280-158 - Fees for petitions
for proposed amend-
ments.
2003 No considerations.
280-159 - Additional no-
tice requirements relating
to petitions for proposed
amendments.
2003 No considerations.
ARTICLE XXIX - SEVERABILITY
Generally -Generally, the severability clause should be included in the
general provisions of Article I.
280-160 - Severability.1989 No considerations.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
37
AppendixB
Consistency Matrix: Zoning District Articles
39
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE II. Districts
Sec. 280-5 - District desig-
nations.
2013 There are 19 zoning districts, five of which are mapped on less than
100 acres and four of which are only mapped in one hamlet. Addi-
tionally, the districts represent one-size-fits-all zoning across the
Town and its boroughs. The list of districts also does not include
new zoning classifications added since 2013, including the Historic
Preservation District (HP); Recreation Floating Zone District (RFZ),
and the Marine III District (MIII).
Sec. 280-6 - Zoning map.2004 Consider moving this section to a new Article I: Introduction to and
Using this Code. Also, consider including specific information on
where the official map is held on file and made available to the
public.
Sec. 280-7 - District bound-
aries.
2004 Consider moving this section to a new Article I: Introduction to and
Using this Code.
Sec. 280-8 - Effect of estab-
lishment of districts.
1989
Sec. 280-9 - Lot recognition. 1997
Sec. 280-10 - Merger.2007
Sec. 280-11 - Waiver of
merger.
2008
"ARTICLE IV: Agricultural-Conservation (AC) District and Low-Density Residential R-80,
R-120, R-200 and R-400 Districts"
280-12. Purpose.1989 Consider creating a separate section for R-80. R-120 only applies to
Fishers Island and R-200 only applies to Orient. As such, consider
creating new sections titled "Fishers Island Residential District" (for-
merly R-120) and "Orient Residential District" (formerly R-200).
280-13. Use regulations.2022 Per Plan Objective 1.1, a comprehensive use table listing all per-
mitted uses in the left column and each zoning district across the
top will be developed and included in the new code. Also, all uses
will be reviewed, modernized, and defined per Plan Objective 1.4.
Consider more robust farmstand regulations. Consider allowing an
accessory dwelling unit outside of the principal building as of right
subject to the conditions in the code rather than as a special ex-
ception. Consider allowing two-family dwellings as of right on lots
larger than 10,000 square feet. Consider removing the special ex-
ception standards from the use regulations and instead including
them once in the administration and procedures section. Consider
updating the chain link fence requirement for swimming pools to
include any child-safe fencing. Consider adding wedding barn/ven-
ue regulations. Consider removing specific fee amounts from the
code.
280-14. Bulk, area and park-
ing regulations.
1996 The modern trend in zoning is to incorporate requirements for
broad categories of uses such as retail, office, etc... All dimensional
standards should be included in a table in the districts. A compre-
hensive table of standards can be included as an attachment or
appendix. All dimensional standard will be reviewed once the list of
districts are determined as part of the Calibration Module.
280-15. Accessory buildings
and structures.
2018 The nuances in accessory building height with a sloping roof seem
overcomplicated. More typically, accessory structure height is tied
to the height of the principal building. For example, an accessory to
a one-story principal building could be 16 feet and 22 feet if acces-
sory to a two-story building.
40
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE V: Low-Density Residential (R-40)
280-16. Purpose.1989 No considerations.
280-17. Use regulations.2019 Per Plan Objective 1.1, a comprehensive use table listing all
permitted uses in the left column and each zoning district
across the top will be developed and included in the new
code. Also, all uses will be reviewed, modernized, and de-
fined per Plan Objective 1.4. Per Plan Objective 1.2, each zon-
ing district will be re-written to eliminate the need to refer to
other zoning districts for the complete list of uses.
280-18. Bulk, area and
parking regulations.
1989 The modern trend in zoning is to incorporate requirements
for broad categories of uses such as retail, office, etc... All
dimensional standards should be included in a table in the
districts. A comprehensive table of standards can be includ-
ed as an attachment or appendix. All dimensional standard
will be reviewed once the list of districts are determined as
part of the Calibration Module.
280-19. Accessory build-
ings and structures.
1989 The nuances in accessory building height with a sloping roof
seem overcomplicated. More typically, accessory structure
height is tied to the height of the principal building. For ex-
ample, an accessory to a one-story principal building could
be 16 feet and 22 feet if accessory to a two-story building.
ARTICLE V: Hamlet Density (HD) Residential District
280-20. Purpose.1989 The purpose and intent of this district is unclear from its
application. It is mapped for higher-intensity auto-oriented
cluster developments.
280-21. Applicability.2019 No considerations.
280-22. Use regulations.2006 Per Plan Objective 1.1, a comprehensive use table listing all
permitted uses in the left column and each zoning district
across the top will be developed and included in the new
code. Also, all uses will be reviewed, modernized, and de-
fined per Plan Objective 1.4. Per Plan Objective 1.2, each zon-
ing district will be re-written to eliminate the need to refer to
other zoning districts for the complete list of uses.
280-23. Bulk, area and
parking regulations.
1989 There are no accessory building requirements as in other
residential districts. These should be established and includ-
ed in this section. The modern trend in zoning is to incorpo-
rate requirements for broad categories of uses such as retail,
office, etc... All dimensional standards should be included in
a table in the districts. A comprehensive table of standards
can be included as an attachment or appendix. All dimen-
sional standard will be reviewed once the list of districts are
determined as part of the Calibration Module.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
41
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE VI: Affordable Housing (AHD) District
280-24. Purpose; applica-
bility of amendments.
2004 Use of the terms "high-density housing" and "affordable" are sub-
jective and fluid terms unless more precisely defined or not used.
280-25. Definitions.2016 All defined terms should be consolidated in a single comprehen-
sive glossary.
280-26. Applicability.2016 While the concepts in this section are laudible, they are not de-
fined. For example, "Smart Growth planning" is not defined nor is
the term "Hamlet Locus Zones." If terms are being used to guide
decisions, they should be defined.
280-27. Use regulations.2016 Per Plan Objective 1.1, a comprehensive use table listing all permit-
ted uses in the left column and each zoning district across the top
will be developed and included in the new code. Also, all uses will
be reviewed, modernized, and defined per Plan Objective 1.4. Per
Plan Objective 1.2, each zoning district will be re-written to elim-
inate the need to refer to other zoning districts for the complete
list of uses. Consider allowing detached accessory dwelling units in
addition to those allowed in dwelling units. Restrictions could be
introduced to mitigate any impacts on infrastructure.
280-28. Bulk, area and
parking regulations.
2016 The only difference between a tenant-occupied unit and an own-
er-occupied unit is minimum unit size. It is unclear what the public
purpose of differentiating between tenant and owner-occupied
units as zoning does not typically differentiate between owner-
ship and non-ownership. Additionally, the reference to "MIFDU
tenant-occupied dwelling unit less than 850 square feet" under
Minimum Requirements is unclear to what it related. Further, the
24 dwelling unit maximum is contrary to the goal of enabling the
creation of attainable homes in any meaningful manner. Assume
it is lawful for the Planning Board to grant a variance contrary to
New York State Town Law? The modern trend in zoning is to either
eliminate off-street parking minimum requirements or to incorpo-
rate requirements for broad categories of uses such as retail, office,
etc... All dimensional standards should be included in a table in the
districts. A comprehensive table of standards can be included as an
attachment or appendix. All dimensional standard will be reviewed
once the list of districts are determined as part of the Calibration
Module.
280-29. Application proce-
dure.
2014 No considerations.
280-30. General regula-
tions and requirements.
2019 These provisions are legal in nature and require review for compli-
ance with current law by a New York licensed attorney.
280-31. Administration 2016 These provisions are legal in nature and require review for compli-
ance with current law by a New York licensed attorney.
280-32. Applicability of
other Code provisions.
2004 No considerations.
280-32.1. Maintenance and
upkeep.
2006 Consider whether the fine amounts, which were established in
2006, should be increased.
280-33. Penalties for of-
fenses.
2009 Consider whether the fine amounts, which were established in
2009, should be increased.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
42
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE VII: Resort Residential (RR) District
280-34. Purpose.1989 This district is only mapped on approximately 83 acres and ap-
pears to achieve the desired purposes for certain unique water-
front development patterns in the Town.
280-35. Use regulations.1995 Per Plan Objective 1.1, a comprehensive use table listing all permit-
ted uses in the left column and each zoning district across the top
will be developed and included in the new code. Also, all uses will
be reviewed, modernized, and defined per Plan Objective 1.4. Per
Plan Objective 1.2, each zoning district will be re-written to elim-
inate the need to refer to other zoning districts for the complete
list of uses.
280-36. Bulk, area and park-
ing regulations.
1989 The modern trend in zoning is to incorporate requirements for
broad categories of uses such as retail, office, etc... All dimensional
standards should be included in a table in the districts. A compre-
hensive table of standards can be included as an attachment or
appendix. All dimensional standard will be reviewed once the list
of districts are determined as part of the Calibration Module.
ARTICLE VIII: Residential Office (RO) District
280-37. Purpose.1989 This district is only mapped on approximately 86 acres and ap-
pears to achieve the desired purposes for residential to office
conversions. Uses need to be reviewed to determine whether they
are appropriate for transition between commercial and residential
uses as these zones tend to be in transition areas.
280-38. Use regulations.1995 Per Plan Objective 1.1, a comprehensive use table listing all permit-
ted uses in the left column and each zoning district across the top
will be developed and included in the new code. Also, all uses will
be reviewed, modernized, and defined per Plan Objective 1.4. Per
Plan Objective 1.2, each zoning district will be re-written to elim-
inate the need to refer to other zoning districts for the complete
list of uses.
280-39. Bulk, area and park-
ing regulations.
1989 The modern trend in zoning is to incorporate requirements for
broad categories of uses such as retail, office, etc... All dimensional
standards should be included in a table in the districts. A compre-
hensive table of standards can be included as an attachment or
appendix. All dimensional standard will be reviewed once the list
of districts are determined as part of the Calibration Module.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
43
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE IX: Limited Business (LB) District
280-40. Purpose.2008 This district is only mapped on approximately 102 acres and
appears to achieve the desired purposes for small-scale com-
mercial uses along corridors outside of hamlet's central busi-
ness areas.
280-41. Use regulations.2022 Per Plan Objective 1.1, a comprehensive use table listing all
permitted uses in the left column and each zoning district
across the top will be developed and included in the new
code. Also, all uses will be reviewed, modernized, and defined
per Plan Objective 1.4. Per Plan Objective 1.2, each zoning dis-
trict will be re-written to eliminate the need to refer to other
zoning districts for the complete list of uses.
280-42. Bulk, area and
parking regulations.
Subsection B is confusing as written and should be rewrit-
ten to clearly demonstrate the intent. Is it intended to allow
for lots smaller than 40,000 square feet? The modern trend
in zoning is to either eliminate off-street parking minimum
requirements or to incorporate requirements for broad cate-
gories of uses such as retail, office, etc... All dimensional stan-
dards should be included in a table in the districts. A compre-
hensive table of standards can be included as an attachment
or appendix. All dimensional standard will be reviewed once
the list of districts are determined as part of the Calibration
Module.
280-43. Front yard set-
backs.
1999 The minimum front yard setback of 100 feet guarantees a
building setback from the street with front yard parking.
Consider allowing a more shallow front yard setback and
encouraging side and rear yard parking. The modern trend
in zoning is to either eliminate off-street parking minimum
requirements or to incorporate requirements for broad cat-
egories of uses such as retail, office, etc... The Bulk Schedule
does not appear in the regulations.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
44
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE X: Hamlet Business (HB) District
280-44. Purpose.2017 The Hamlet Business (HB) District is a one-size-fits-all district for
all hamlet commercial centers. It is challenging and unecessary
to group each unique hamlet commercial center into a single
district. This puts pressure on this district to be all things to all
hamlets. A more strategic and intentional approach would be to
create a Hamlet Business (HB) District with a subdistrict calibrat-
ed specifically for each unique hamlet commercial center.
280-45. Use regulations.2003 Per Plan Objective 1.1, a comprehensive use table listing all permit-
ted uses in the left column and each zoning district across the top
will be developed and included in the new code. Also, all uses will
be reviewed, modernized, and defined per Plan Objective 1.4. Per
Plan Objective 1.2, each zoning district will be re-written to elim-
inate the need to refer to other zoning districts for the complete
list of uses.
280-46. Bulk, area and park-
ing regulations.
1989 The modern trend in zoning is to incorporate requirements for
broad categories of uses such as retail, office, etc... All dimensional
standards should be included in a table in the districts. A compre-
hensive table of standards can be included as an attachment or
appendix. All dimensional standard will be reviewed once the list
of districts are determined as part of the Calibration Module.
ARTICLE XI: General Business (B) District
280-47. Purpose.1989 The primary difference between the Limited Business (LB) Dis-
trict and the General Business (GB) District appears to be the lot
size and thus scale of the development. A new combined district
called "Corridor Commercial (CC) District" could be created and lot
size, use, and bulk standards calibrated specifically to certain cor-
ridors. This would allow for the regulations to be more customized
by location rather than being one-size-fits-all.
280-48. Use regulations.2022 Per Plan Objective 1.1, a comprehensive use table listing all permit-
ted uses in the left column and each zoning district across the top
will be developed and included in the new code. Also, all uses will
be reviewed, modernized, and defined per Plan Objective 1.4. Per
Plan Objective 1.2, each zoning district will be re-written to elim-
inate the need to refer to other zoning districts for the complete
list of uses.
280-49. Bulk, area and park-
ing regulations.
1989 The modern trend in zoning is to incorporate requirements for
broad categories of uses such as retail, office, etc... All dimensional
standards should be included in a table in the districts. A compre-
hensive table of standards can be included as an attachment or
appendix. All dimensional standard will be reviewed once the list
of districts are determined as part of the Calibration Module.
280-50. Front yard setbacks.1995 The minimum front yard setback of 100 feet guarantees a build-
ing setback from the street with front yard parking. Consider
allowing a more shallow front yard setback and encouraging side
and rear yard parking. The modern trend in zoning is to either
eliminate off-street parking minimum requirements or to incor-
porate requirements for broad categories of uses such as retail,
office, etc... The Bulk Schedule does not appear in the regulations.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
45
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE XII - Marine I (MI) District
280-51. Purpose.1989 This district appears to serve its intended purposes.
280-52. Use regulations.2008 Per Plan Objective 1.1, a comprehensive use table listing all
permitted uses in the left column and each zoning district
across the top will be developed and included in the new
code. Also, all uses will be reviewed, modernized, and defined
per Plan Objective 1.4. Per Plan Objective 1.2, each zoning dis-
trict will be re-written to eliminate the need to refer to other
zoning districts for the complete list of uses.
280-53. Bulk, area and
parking regulations.
1989 The modern trend in zoning is to incorporate requirements
for broad categories of uses such as retail, office, etc... All
dimensional standards should be included in a table in the
districts. A comprehensive table of standards can be included
as an attachment or appendix. All dimensional standard will
be reviewed once the list of districts are determined as part of
the Calibration Module.
ARTICLE XIII - Marine II (MII) District
280-54. Purpose.1989 This district appears to serve its intended purposes.
280-55. Use regulations.2008 Per Plan Objective 1.1, a comprehensive use table listing all
permitted uses in the left column and each zoning district
across the top will be developed and included in the new
code. Also, all uses will be reviewed, modernized, and defined
per Plan Objective 1.4. Per Plan Objective 1.2, each zoning dis-
trict will be re-written to eliminate the need to refer to other
zoning districts for the complete list of uses.
280-56. Bulk, area and
parking regulations.
1989 The modern trend in zoning is to incorporate requirements
for broad categories of uses such as retail, office, etc... All
dimensional standards should be included in a table in the
districts. A comprehensive table of standards can be included
as an attachment or appendix. All dimensional standard will
be reviewed once the list of districts are determined as part of
the Calibration Module.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
46
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE XIV - Light Industrial Park/Planned Office Park (LIO) District
280-56. Purpose.1989 This district appears to serve its intended purposes.
280-57. Use regulations.2022 Per Plan Objective 1.1, a comprehensive use table listing all
permitted uses in the left column and each zoning district
across the top will be developed and included in the new
code. Also, all uses will be reviewed, modernized, and defined
per Plan Objective 1.4. Per Plan Objective 1.2, each zoning dis-
trict will be re-written to eliminate the need to refer to other
zoning districts for the complete list of uses.
280-58. Bulk, area and
parking regulations.
1989 The modern trend in zoning is to incorporate requirements
for broad categories of uses such as retail, office, etc... All di-
mensional standards should be included in a table in the
districts. A comprehensive table of standards can be included
as an attachment or appendix. All dimensional standard will
be reviewed once the list of districts are determined as part of
the Calibration Module.
280-50. Front yard set-
backs.
2018 No considerations.
ARTICLE XV - Light Industrial (LI) District
280-56. Purpose.1989 This district appears to serve its intended purposes.
280-57. Use regulations.2022 Per Plan Objective 1.1, a comprehensive use table listing all
permitted uses in the left column and each zoning district
across the top will be developed and included in the new
code. Also, all uses will be reviewed, modernized, and defined
per Plan Objective 1.4. Per Plan Objective 1.2, each zoning dis-
trict will be re-written to eliminate the need to refer to other
zoning districts for the complete list of uses.
280-58. Bulk, area and
parking regulations.
1989 The modern trend in zoning is to either eliminate off-street
parking minimum requirements or to incorporate require-
ments for broad categories of uses such as retail, office, etc...
All dimensional standards should be included in a table in the
districts. A comprehensive table of standards can be included
as an attachment or appendix. All dimensional standard will
be reviewed once the list of districts are determined as part of
the Calibration Module.
280-50. Front yard set-
backs.
2018 No considerations.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
47 *Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE XVI - Density, Minimum Lot Size and Bulk Schedules
280-65. Repeal of existing
schedule; incorporation of
new schedules.
1989 All dimensional standards should be incorporated into each
district.
280-66. Conformance re-
quired.
1989 This is a general statement that should be included in Article
I.
ARTICLE XXX - Agricultural Planned Development (APD) District
280-170. Purpose 2007 The purpose and intent of this district is unclear from its
application.
280-171. Definitions 2007 No considerations.
280-172. Classification 2007 No considerations.
280-173. Requirements for
eligibility
2007 No considerations.
280-174. Zoning approval;
application and review
procedures
2007 No considerations.
280-175. Conditions of ap-
proval
2007 No considerations.
280-176. Price for develop-
ment rights
2007 No considerations.
280-177. Subsequent de-
velopment right sales to
Town
2007 No considerations.
280-178. Reserved 2007 No considerations.
280-180. Conditions 2007 No considerations.
280-181. Subdivision 2007 No considerations.
48
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE XXXI - Plum Island Research District (PIR)
Sec. 280-182. Purpose 2013 This district appears to serve its intended purposes.
Sec. 280-183. Use regu-
lations
2013 Per Plan Objective 1.1, a comprehensive use table listing all
permitted uses in the left column and each zoning district
across the top will be developed and included in the new
code. Also, all uses will be reviewed, modernized, and defined
per Plan Objective 1.4. Per Plan Objective 1.2, each zoning dis-
trict will be re-written to eliminate the need to refer to other
zoning districts for the complete list of uses.
Sec. 280-184. Bulk, area
and parking regulations
2013 The modern trend in zoning is to incorporate requirements
for broad categories of uses such as retail, office, etc... All
dimensional standards should be included in a table in the
districts. A comprehensive table of standards can be included
as an attachment or appendix. All dimensional standard will
be reviewed once the list of districts are determined as part of
the Calibration Module.
Sec. 280-185. Setbacks 2013 No considerations.
ARTICLE XXXII - Plum Island Conservation District (PIC)
Sec. 280-186. Purpose 2013 This district appears to serve its intended purposes.
Sec. 280-187. Use regu-
lations
2013 Per Plan Objective 1.1, a comprehensive use table listing all
permitted uses in the left column and each zoning district
across the top will be developed and included in the new
code. Also, all uses will be reviewed, modernized, and defined
per Plan Objective 1.4. Per Plan Objective 1.2, each zoning dis-
trict will be re-written to eliminate the need to refer to other
zoning districts for the complete list of uses.
Sec. 280-188. Bulk, area
and parking regulations
2013 The modern trend in zoning is to incorporate requirements
for broad categories of uses such as retail, office, etc... All
dimensional standards should be included in a table in the
districts. A comprehensive table of standards can be included
as an attachment or appendix. All dimensional standard will
be reviewed once the list of districts are determined as part of
the Calibration Module.
Sec. 280-189. Setbacks 2013 No considerations.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
49
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE XXXIII - Historic Preservation District (HPD)
280-190. Purpose; appli-
cability of amendments
2015 This is a relatively new district, 2015, and does not appear to
be currently mapped.
280-191. Definitions 2015 All defined terms should be consolidated in a glossary.
280-192. Eligibility 2015 No considerations.
280-193. Use regulations 2015 No considerations.
280-194. Pre-application
procedure
2015 No considerations.
280-195. Application
procedure
2015 No considerations.
280-196. Maintenance
and termination
2015 No considerations.
ARTICLE XXXIV - Recreational Floating Zone District (RFZ)
280-197. Purpose 2019 This is a relatively new district, 2019, and does not appear to
be currently mapped.
280-198. Applicability 2019 No considerations.
280-199. Eligibility 2019 No considerations.
280-200. Boundaries 2019 No considerations.
280-201. Application
procedure
2019 No considerations.
280-202. Permitted
uses
2019 No considerations.
280-203. Dimensional
and parking require-
ments
2019 No considerations.
280-204. Parking re-
quirements
2019 No considerations.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
50
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE XXXV - Marine III Zone District (MIII)
208-205. Use regulations 2019 Per Plan Objective 1.1, a comprehensive use table listing all
permitted uses in the left column and each zoning district
across the top will be developed and included in the new
code. Also, all uses will be reviewed, modernized, and de-
fined per Plan Objective 1.4. Per Plan Objective 1.2, each zon-
ing district will be re-written to eliminate the need to refer to
other zoning districts for the complete list of uses.
208-206. Bulk, area, and
parking regulations
2019 The modern trend in zoning is to incorporate requirements
for broad categories of uses such as retail, office, etc... All
dimensional standards should be included in a table in the
districts. A comprehensive table of standards can be includ-
ed as an attachment or appendix. All dimensional standard
will be reviewed once the list of districts are determined as
part of the Calibration Module.
ARTICLE XXXVI - Residential Dwelling Size Limits
280-207. Maximum gross
floor area for residential
dwellings in A-C, R-40,
R-80,
2022 These are the newest provisions in the code. The usability of
these provisions would benefit greatly from illustrations.
280-208. Pyramid Law 2022 The term "sky plane" should be defined. These provisions
would benefit greatly from illustrations.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971, and
1989)
51
ARTICLE MAPPED*
ADVANCES
COMP PLAN
LAND USE GOAL**
ARTICLE IV: Agricultural-Con-
servation (AC) District and
Low-Density Residential R-80,
R-120, R-200 and R-400 Dis-
tricts
R-80 ALL; R-120
ONE (Fishers);
R-200 ONE (Ori-
ent); R-80 >500;
R-120 >500; R-400
>500
5,6,7,9,10
ARTICLE V: Low-Density Resi-
dential (R-40)
ALL; <500 5,6,8
ARTICLE V: Hamlet Density
(HD) Residential District
5,6
ARTICLE VI: Affordable Hous-
ing (AHD) District
<100 7,8
ARTICLE VII: Resort Residential
(RR) District
<100 7
ARTICLE VIII: Residential Office
(RO) District
<100 7
ARTICLE IX: Limited Business
(LB) District
7
ARTICLE X: Hamlet Business
(HB) District
5,6,7
ARTICLE XI: General Business
(B) District
7
ARTICLE XII - Marine I (MI) Dis-
trict
<100 7, 13
ARTICLE XIII - Marine II (MII)
District
7, 13
ARTICLE XIV - Light Industrial
Park/Planned Office Park (LIO)
District
<100 7
ARTICLE XV - Light Industrial
(LI) District
7
ARTICLE XVI - Density, Mini-
mum Lot Size and Bulk Sched-
ules
5
52
ARTICLE MAPPED*
ADVANCES
COMP PLAN
LAND USE
GOAL**
ARTICLE XXX - Agricultural
Planned Development (APD)
District
7,9,10
ARTICLE XXXI - Plum Island
Research District (PIR)
ONE (Orient)6
ARTICLE XXXII - Plum Island
Conservation District (PIC)
ONE (Orient)6
ARTICLE XXXIII - Historic Pres-
ervation District (HPD)
Not mapped 5
ARTICLE XXXIV - Recreational
Floating Zone District (RFZ)
Not mapped 13
ARTICLE XXXV - Marine III Zone
District (MIII)
Not mapped 13
ARTICLE XXXVI - Residential
Dwelling Size Limits
5,8
*Mapped in all hamlets (ALL); Mapped in only one hamlet (ONE); Mapped on more than 500 acres (>500)
**Goal 5: Protect the Town Character;
Goal 6: Protect and Enhance the Town’s Natural Resources and Environment;
Goal 7: Economic Prosperity;
Goal 8: Enable the Creation of Attainable Homes;
Goal 9: Retain and Advance the Business of Agriculture;
Goal 10: Continue to Preserve Farmland and Open Space;
Goal 12: Prepare the Town for Natural Hazards;
Goal 13: Provide Quality Parks and Recreation Opportunities in the Town)
AppendixC
Consistency Matrix: Generally Applicable Regualtiuons
55
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE XVII - Wireless Communication Facilities
280-67-76.5 2010 These provisions will be reviewed separately by a telecommu-
nications consultant TBD.
ARTICLE XVIII - Parking and Loading Areas
280-77. Purpose 1989 The purpose statement does not address the reason for off-street
parking minimums - namely for alleviating the overburden on
public streets and ways for vehicular parking. Off-street parking
minimums are not effective at addressing the issues raised in the
purpose statement.
280-78. Off-street parking
areas
2009 The modern trend in zoning across America is to eliminate mini-
mum off-street parking requirements in favor of market-driven de-
terminations. The Town must determine whether the public roads,
ways, and public parking facilities are overcrowded with vehicular
parking. If so, then minimum off-street parking requirements may
be appropriate. If not, then there is no justification for minimum
off-street parking requirements and they can be eliminated. If
they are maintained, consider expaning the ability of the Planning
Board to exempt any property from minimum off-street parking
requirements if the applicant can demonstrate adequate public
parking is available within a certain distance, say 600 feet from the
proposed use. The parking location, dimension, and related regula-
tions are comon and generally accepted practices.
280-79. Off-street loading
areas
1989 These provisions are common and generally accepted practices.
Consider adding landscape and buffer requirements to all off-
street loading areas.
ARTICLE XIX - Signs
280-80-90.1994 The sign code will need to be amended to be made content neu-
tral in compliance with the United States Supreme Court decisoin
in Reed v. Gilbert. Signs cannot be catergorized by their content i.e.
real estate sign. Modern signs codes include a menu of signs as-
signed by district and including illustrations. The entire sign code
will be updated as part of this project.
ARTICLE XX - Landscaping, Screening and Buffer Regulations
280-91. Purpose 1989 No considerations.
280-92. General require-
ments
1989 Consider including a list of prohibited vegetation re: invasive spe-
cies and non-native species. Further consider including a pervious
surface minimum requirement for all lots to facilitate rainwater
absorbtion rather than runoff.
280-93. Front landscaped
area
1989 No considerations.
280-94. Transition buffer
area
1989 No considerations.
280-95. Landscaped park-
ing area
1989 No considerations.
280-96. Properties located
adjacne to creeks
1989 No considerations.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971)
56
Town of Southold, New
York (Ch. 280 “Zoning”)Year*Consultant’s Notes
ARTICLE XXI - Farmland Bill of Rights
280-97-103 1997 No considerations.
ARTICLE XXII - Supplementary Regulations
280-104. Exceptions and
modifications
1997 These provisions are intended to address context-sensitive devel-
opment patterns and flexibility.
280-105. Height of fences,
walls and berms
2021 Consider requiring front-yard fences to be a maximum of 50%
opaque to avoid creating closed-off environments in front yards.
Retaining walls should be set back from property lines to allow for
280-106. Corner lots 2021 Consider renaming this section "visibility triangle" or "sight trian-
gle" which are more commonly used terms for this concept. The
heading "corner lots" could be confused with provisions related to
corner lot lines and yards.
280-107. Building length and
separation for buidlings con-
taining multiple dwellings
1989 Consider creating a typology for multi-unit buildings for the Town
to simplify.
280-108. Courts 1989 The purpose of these provisions is unclear. Consider removing.
280-109. Access require-
ments
1996 No considerations.
280-110. Open storage 2006 No considerations.
280-111. Prohibited uses in all
districts
2022 These provisions describe performance standards and have re-
cently been updated. No considerations.
280-112. Provisions for com-
munity water, sewer and
utility facilities
1989 These provisions are likely duplicated in building and other utility
codes. Not sure they are necessarily repeated in the zoning code.
280-113. Land under water;
filled water
1989 Consider locating this provisions in the zoning map section of the
code.
280-114. Excavations 1993 No considerations.
280-115. Tourist camps, camp
cottages and trailers
1989 These provisions seem out-of-date and may not reflect modern
camping facilities. Additionally, specifically allowing a certain user
to the exclusion of other users may not be legally defensible. This
should be reviewed by a licensed NY attorney.
280-116. Building setback
requirements adjacent to
water bodies and wetlands
2017 These provisions have been recently updated. They should be
reviewed to determine whether the setback distances remain
sufficient.
280-117. Lighting restrictions 1994 The term "recreational lighting" is not defined. Additionally, a
maximum height for recreational lighting should be included. The
provisions of Ch. 172 should be incorporated into the zoning code.
280-118. Temporary outdoor
display or storage
1996 No considerations.
280-119. Long-term outdoor
display or storage
1996 No considerations.
*Year Last Modified(Code Originally Adopted April 9, 1957 and amended in its entirety on November 23, 1971)
AppendixD
New Code:Table of Contents
59
New Code Table of Contents
ARTICLE I INTRODUCTION AND USING THIS ZONING CODE
Title
Purpose and Intent
Applicability
Compliance with Regulations
Establishment of Districts
Establishment of Districts Map
Rules of Interpretation
Rules of Measurement
Determining Building Heights
Determining Yards and Setbacks
Determining Lot Coverage
Determining Building Envelope
Corner Lots and Double Frontage
Encroachments
Building Length
Access Requirements
Saving Provision/Invalidity
Severability
Ordinance Roadmap
ARTICLE II DISTRICTS
Agricultural Conservation (AC)
Intent and Uses
Site Standards
Standards for Improvements
Open Space Standards
Farmland Bill of Rights
Residential - Large (RL)
Intent and Uses
Site Standards
Standards for Improvements
Open Space Standards
Residential - Medium (RM)
Intent and Uses
Site Standards
Standards for Improvements
Open Space Standards
Residential - Hamlet (RH)
Intent and Uses
Site Standards
Standards for Improvements
Open Space Standards
60
Affordable Housing District (AHD)
Intent and Uses
Site Standards
Standards for Improvements
Open Space Standards
Resort Residential (RR)
Intent and Uses
Site Standards
Standards for Improvements
Open Space Standards
Hamlet Transition (HT)
Intent and Uses
Site Standards
Standards for Improvements
Open Space Standards
Corridor Commerce (CC)
Intent and Uses
Site Standards
Standards for Improvements
Open Space Standards
Hamlet Commerce (HC)
Intent and Uses
Site Standards
Standards for Improvements
Open Space Standards
Marine District
Intent and Uses
Site Standards
Standards for Improvements
Open Space Standards
Marine District (M)
Intent and Uses
Site Standards
Standards for Improvements
Open Space Standards
Commerce Park (CP)
Intent and Uses
Site Standards
Standards for Improvements
Open Space Standards
61
SPECIAL DISTRICTS
Agricultural Planned Development District
Plum Island Research District
Plum Island Conservation District
Historic Preservation District
Recreational Floating Zone District
ARTICLE III SPECIFIC USE STANDARDS
Specific Use Standards (A-Z)
Nuisance Uses Prohibited
Tourist camps, camp cottages and trailers.
ARTICLE IV GENERALLY APPLICABLE REGULATIONS
Parking and Loading
On-Site Parking Count Requirements
On-Site Parking and Drive Aisle Standards
On-Site Loading Standards
SIGNS
Menu of Sign Types
Sign Dimensions
Sign Materials
Sign Lighting
Temporary Signs
Exempt Signs
Inspection, Removal and Safety
LANDSCAPING AND BUFFERING
HEDGES, WALLS, FENCES, AND SCREENING
Corner Visibility
OUTDOOR LIGHTING
OUTDOOR STORAGE
SITE WORK
WIRELESS COMMUNICATION FACILITIES
62
ARTICLE V NONCONFORMITIES
Continuance and Discontinuance
Nonconforming Uses
Nonconforming Structures
Nonconforming Lots
Nonconforming Signs
Maintenance and Repair
Restoration and Reconstruction
Expansion and Substitution
ARTICLE VI ADMINISTRATION AND PROCEDURES
VARIANCES
Allowable Variances
Variance Review and Standards
Floodplain Variances
Stormwater Management Variances
ARCHITECTURAL COMMITTEE REVIEW
SITE DEVELOPMENT PLAN REVIEW
TEXT AND MAP AMENDMENTS
PERMITS
AUTHORITY TO EXECUTE INJUNCTION BONDS
ENFORCEMENT AND PENALTIES
ARTICLE VII GLOSSARY OF TERMS
Defined Terms (A-Z)
AppendixE
Comprehensive Use Tables
65
1 Agriculture - Barns, storage buildings, greenhouses (including plastic-covered) and other related structures
2 Agriculture - The keeping, breeding, raising and training of of specific animals
3 Agriculture - 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.
4 Agriculture - The retail sale of local produce from structures of less than 20 square feet floor area shall be
set back at least 10 feet from any lot line.
5 Art, antique and auction galleries.
6 Artisan markets
7 Artists' and craftsmen's workshops.
8 Auditorium/theatre, library, art gallery, exhibit halls.
9 Auditoriums or meeting halls.
10 Auto repair shop.
11 Bakeshops (for on-premises retail sale).
12 Banks and financial institutions.
13 Beach clubs, yacht clubs or boat clubs, including uses accessory to them, such as swimming pools,
tennis courts and racquetball facilities.
14 Bed-and-breakfast uses as set forth in and as regulated by § 280-13B(14).
15 Boardinghouses and tourist homes.
16 Boat and marine engine repair and sales and display, yacht brokers and marine insurance brokers.
17 Boat building, boat servicing and boat storage facilities, excluding retail sales of boats and accessories.
18 Boat docks, slips, piers or wharves for charter boats carrying passengers on excursions, pleasure or
fishing trips or for vessels engaged in fishery or shellfishery.
19 Building, electrical and plumbing contractors' businesses or yards.
20 Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities
typically conducted by a fraternal organization,
21 Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts
and fire districts.
22 Bus or train stations.
23 Business, professional and governmental offices.
24 Churches or similar places of worship, parish houses, convents and monasteries.
25 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.
26 Contractors' businesses or yards, including but not limited to building, electrical, plumbing, and
landscapers' yards.
27 Convenience stores.
28 Custom workshops.
29 Dance Studios
30 Day-care facilities.
Permitted Use
66ACR-80R-40R120R-200R-400Hamlet DensityAffordable Housing District (AHD)Resort Residential RRResidential Office ROLimited Business LBHamlet Business HBGeneral Business GBMarine I Marine IIMarine IIILight Industrial Park/Planned Office ParkLight Industrial DistrictPlum Island Research DistrictPlum Island Conservation DistrictHistoric DistrictRecreation floating1 P P P P P P P P P P P
2 P P P P P P P P P P P
3 P P P P P P P P P P P
4 P P P P P P P P P P P
5 P P
6 P
7 P P P
8 P P
9 P P
10 P
11 P P
12 P P
13 P
14 P P P P P
15 P P
16 P P
17 P P
18 P P
19 P P
20 P
21 P P P P P P P P P P P P P P P P
22 P P
23 P P
24 P
25 P P P
26 P
27 P P
28 P P P P
29 P
30 P
67
31 Educational facilities, with multiple buildings allowed in a campus-style development.
32 Educational facility related to the study of natural resources conservation.
33 Educational institutions.
34 Exercise Studios
35 Ferry terminals for ferry service to and from Plum Island only.
36 Food catering facility.
37 Funeral homes.
38 Garden Centers
39 Grocery stores up to a maximum of 25,000 square feet of gross floor area, exclusive of unfinished
basements or attic areas,
40 Hotels.
41 Indoor dog and cat care facilities.
42 Land-based aquaculture operations, including research and development,
43 Laundromats.
44 Libraries or museums.
45 Libraries, museums, art galleries, exhibit halls, artists'/photographers' studios and dance studios.
46 Light industrial uses, with conditions
47 Machine and equipment workshop.
48 Major recreational facility.
49 Mariculture or aquaculture operations or research and development.
50 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 marina.
51 Meeting hall and cultural centers.
52 Multiple dwelling units - apartments (for properties within one mile of hamlet centers).
53 Multiple dwellings, townhouses, row or attached dwellings
54 Museums and historical societies.
55 Museums housed in a designated historic landmark. All sewage will be treated by a sewage treatment
plant or similar.
56 Museums with a nautical theme or galleries
57 Nature preserve.
58
Office buildings for businesses, governmental and professional uses, including administrative training, data
processing, publication, financial and sales
offices.
59
One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in
accordance with § 280-13D and the following
requirements:
Permitted Use
68ACR-80R-40R120R-200R-400Hamlet DensityAffordable Housing District (AHD)Resort Residential RRResidential Office ROLimited Business LBHamlet Business HBGeneral Business GBMarine I Marine IIMarine IIILight Industrial Park/Planned Office ParkLight Industrial DistrictPlum Island Research DistrictPlum Island Conservation DistrictHistoric DistrictRecreation floating31 P
32 P
33 P
34 P
35 P
36 P
37 P P
38 P
39 P P
40 P
41 P
42 P P P P P P P P P P
43 P P
44 P P P
45 P
46 P P
47 P P
48 P
49 P
50 P P
51 P
52 P
53 P P P
54 P
55 P P
56 P
57 P
58 P P
59 P P P P P P P P
69
60 One-family detached dwellings, not to exceed one dwelling on each lot.
61 Owner-occupied moderate-income family dwelling unit ("MIFDU"),
62 Owner-occupied two-family dwellings.
63 Personal service stores and shops, including barbershops, beauty parlors,
professional studios and travel agencies.
64 Philanthropic, eleemosynary (charitable) or religious institutions.
65 Printing and publishing plants.
66 Professional offices.
67 Public park.
68 Publishing and printing plants.
69 Recreational facilities with conditions:
70 Recreational facility, minor.
71 Repair shop (not including auto and marine).
72 Repair shops for household, business or personal appliances
73 Research laboratories with multiple buildings allowed in a campus-style development
74 Restaurants, except drive-in restaurants or formula restaurants.
75 Restaurants, excluding formula food and take-out restaurants.
76 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
77
Retail stores, up to a maximum of 6,000 total square feet of gross floor area Such retail stores greater
than 3,000 total square feet shall comply
with the retail building standards for HB Districts listed below, in addition to
the site plan requirements of this chapter:
78
Retail stores, up to a maximum of 8,000 total square feet of gross floor area. Such retail stores greater
than 4,000 total square feet shall comply with the retail building standards for B Districts listed below, in
addition to the site plan requirements of this chapter.
79 Retail uses supplemental to the service business establishment.
80
Small business offices such as insurance agencies, real estate agencies,computer software services,
financial planning securities brokers and like-kind small business establishments excluding retail sales of
any kind or nature and limited to overall floor space of 3,000 square feet.
Permitted Use
70ACR-80R-40R120R-200R-400Hamlet DensityAffordable Housing District (AHD)Resort Residential RRResidential Office ROLimited Business LBHamlet Business HBGeneral Business GBMarine I Marine IIMarine IIILight Industrial Park/Planned Office ParkLight Industrial DistrictPlum Island Research DistrictPlum Island Conservation DistrictHistoric DistrictRecreation floating60 P P P P P P P P P P P P P P
61 P
62 P
63 P P
64 P
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66 P P
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68 P
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70 P P
71 P
72 P P P
73 P
74 P
75 P P
76 P P
77 P
78 P
79 P
80 P
71
81 Small business offices.
82
Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated
primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in
Chapter 277 of this Town Code.
83 Standard regulation golf course.
84 Telephone exchanges.
85 Tenant-occupied MIFDU, in accordance with the following requirements:
86 Theaters or cinemas (other than outdoor).
87 Tourist camp.
88 Train or bus stations.
89 Two-family dwelling, not to exceed one dwelling on each lot. The dwelling
must be occupied by the owner of the property.
90 Wholesale businesses, private warehousing and public warehousing, and
building material storage and sale, but excluding storage of coal, coke, fuel oil or junk.
91
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 feet of the property line.
92 Wholesale/retail beverage distribution.
93 Wineries as regulated by § 280-48A(11).
Permitted Use
72ACR-80R-40R120R-200R-400Hamlet DensityAffordable Housing District (AHD)Resort Residential RRResidential Office ROLimited Business LBHamlet Business HBGeneral Business GBMarine I Marine IIMarine IIILight Industrial Park/Planned Office ParkLight Industrial DistrictPlum Island Research DistrictPlum Island Conservation DistrictHistoric DistrictRecreation floating81 P
82 P P P P P P P P
83 P
84 P P P
85
86 P P
87 P
88 P
89 P P P P
90 P P P
91 P P
92 P
93 P P P P P P P P P P
73
1 Accessory apartments in single-family residences
2 Antique, art and craft shops and galleries
3 Apartments may be permitted over business and professional offices
4 Automobile laundries
5 Basic Utility Stage II airport, subject to the following conditions
6 Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs
7 Bed-and-breakfast uses
8 Boarding and/or tourist homes
9 Cemeteries
10
Children's recreation camps organized primarily for seasonal use and subject
to the following requirements
11 Commercial solar energy production system, subject to the following criteria
12 Conference facilities, subject to the following conditions
13 Contractors' businesses or yards
14 Conversion of an existing building to apartments
15 Custom workshops, provided that they shall not be all or part of a commercial center
16 Drinking establishments
17 Farm labor camps, subject to the following requirements
18 Ferry terminals
19 Fish markets, include a combination of wholesale and retail sale of finfish and shellfish
20 Fish processing plants
21 Flea markets
22 Food processing and packaging plants, not including fish processing plants
23 Formula food restaurants located within a shopping center in this zone
24 Fraternal or social institutional offices or meeting halls (nonprofit)
25 Fully enclosed commercial recreation facilities
26 Funeral homes
27 Health care facilities [Added 1 1 -1 2-1 996 by LL No 20-1 996]
28 Historical society
29
Hotel or motel uses as set forth in and regulated by § 280-35B(4) of the Resort
Residential (RR) District, except that the minimum lot size shall be three acres
Special Permitted Use
74ACR-80R-40R120R-200R-400Hamlet DensityAffordable Housing District Resort Residential RRResidential Office ROLimited Business LBHamlet Business HBGeneral Business GBMarine I Marine IIMarine IIILight Industrial Park/Planned Light Industrial DistrictPlum Island Research Plum Island Conservation Historic DistrictRecreation floating1 SP
2 SP
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75
30 Laundry or dry-cleaning plants, subject to the following conditions
31 Light industrial uses, subject to the following conditions
32 Mariculture or aquaculture operations or research and development
33 Marinas for the docking, mooring or accommodation of noncommercial boats
34
Motel and hotel uses as set forth in and regulated by § 280-35B(4) of the Resort Residential (RR)
District, except that minimum lot size shall be three acres
35 Museums with a nautical theme or art galleries
36 Nursery schools
37
One accessory apartment in a lawfully existing detached accessory garage, barn or storage building
38 Partial self-service gasoline service stations
39
Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities,
but excluding facilities for the treatment of all types of drug addiction
40
Places of worship, including parish houses (but excluding a rectory or parsonage, which shall
conform to the requirements for a one-family dwelling)
41
Preservation and use of a federal or state designated historic building for the purpose of hosting
community events, together with the use of part of such building for professional offices and/or one
apartment, not to exceed a total of three uses per building, provided that such building is owned and
maintained by a not-for-profit historic organization
42 Private elementary or high schools, colleges and other educational institutions
43 Private transportation service, including garage and maintenance facilities
44
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
45 Public garages
46
Public utility rights-of-way as well as structures and other installations necessary to serve areas
within the Town
47
Public utility structures and uses, except that wireless communication facilities
must obtain approval pursuant to Article XVII
48 Repair of boats and marine items
49
Research, design or development laboratories, provided that any manufacturing shall be limited to
prototypes and products for testing
50 Restaurants, takeout and formula food restaurants
Special Permitted Use
76ACR-80R-40R120R-200R-400Hamlet DensityAffordable Housing District Resort Residential RRResidential Office ROLimited Business LBHamlet Business HBGeneral Business GBMarine I Marine IIMarine IIILight Industrial Park/Planned Light Industrial DistrictPlum Island Research Plum Island Conservation Historic DistrictRecreation floating30 SP SP SP
31 SP
32 SP
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SP SP SP SP SP SP SP
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SP
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51 Restaurants, freestanding, , except fast-food or formula restaurants
52 Restaurants, excluding outdoor counter service, drive-ins or curb-service establishments
53 Retail sale of items manufactured, assembled, processed and produced on site
54 Retail stores in excess of 6,000 -12,000 total square feet of gross floor area
55 Retail stores in excess of 8,000 - 15,000 total square feet of gross floor area in any building,
56 Solar energy generation in excess of that needed to provide power to permitted
57 Stables and riding academies
58
Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be
permitted only inside the structure or in areas specifically designated and properly maintained
outside of the structure and where the minimum lot size for a freestanding structure is 40,000 square
feet
59 Telephone exchanges
60
Tourist camps as regulated by Chapter 88 or Chapter 253, Tourist and Trailer Camps, of the
Town Code
61 Transient hotels or motels,
62 Truck or bus terminals (garages, parking facilities, loading docks, etc)
63 Two-family dwellings not to exceed one such dwelling on each lot
64
Veterinarian's offices and animal hospitals, subject to the following
requirements
65 Yacht clubs
Special Permitted Use
78ACR-80R-40R120R-200R-400Hamlet DensityAffordable Housing District Resort Residential RRResidential Office ROLimited Business LBHamlet Business HBGeneral Business GBMarine I Marine IIMarine IIILight Industrial Park/Planned Light Industrial DistrictPlum Island Research Plum Island Conservation Historic DistrictRecreation floating51 SP SP
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SP
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79
1
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
2 Any customary structures or uses which are customarily incidental to the principal use
3 Apartments are permitted within the principal building only
4 Boat docking facilities for the docking, mooring or accommodation of noncommercial
boats5Cafeteria for personnel associated with permitted or special exception uses
6 Central heating and power plants accessory to the principal use
7 Child care
8
Convenience store located with a gas station use shall be considered an accessory use
9
Convenience stores associated with gas stations that do not meet these
requirements are considered a second principal use and must meet the
minimum bulk schedule requirements (eg, a gas station with a convenience
store that is 1 ,200 square feet in size must have a minimum of 40,000 square
feet of lot area)
10
Convenience stores associated with gas stations that do not meet these
requirements are considered a second principal use and must meet the
minimum bulk schedule requirements (eg, a gas station with a convenience
store that is 1 ,200 square feet in size must have a minimum of 60,000 square
feet of lot area)
11 Direct marketing of aquaculture or mariculture products
12 Fully enclosed storage facilities incidental to the principal use
13
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 gain
14 Home occupation, including home professional office and home business office
Accessory Use
80ACR-80R-40R120R-200R-400Hamlet DensityAffordable Housing District (AHD)Resort Residential RRResidential Office ROLimited Business LBHamlet Business HBGeneral Business GBMarine I Marine IIMarine IIILight Industrial Park/Planned Office Light Industrial DistrictPlum Island Research DistrictPlum Island Conservation DistrictHistoric DistrictRecreation floating1
A A
2 A A A A A A A A A A A A A A A A A A A A A A
3 A A A
4 A A A A A A A A A A A A A A A
5 A
6 A A
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8 A A
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A
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15 Horses and domestic animals other than household pets
16
Indoor and outdoor recreation facilities for the exclusive use of executives and employees
of the principal use and their families
17 Infrastructure necessary to the operation of the permitted or special exception uses
18 In-service training schools for employees of the principal use
19 Maintenance and utility shops incidental to the principal use
20 Museum
21 Off-street parking and loading
22 Off-street parking spaces accessory to uses on the premises
23 Off-street parking or loading areas
24 Offices for executive and administrative uses
25 On-site storage and repair facilities directly related to the primary permitted use
26
Open storage of materials or equipment, provided that such storage shall be at least 25
feet from any lot line, not be more than six feet high and be suitably screened by a solid
fence or other suitable means of at least six feet in height
27
Outdoor pavilion, provided that no one pavilion shall be more than 500 square feet and the
total lot coverage of pavilion on any one lot shall not exceed 1 ,500 square feet
28
Outside storage of equipment, supplies and materials associated with any of the normal
operations of the principal use, provided that the storage is adequately screened along
the road frontage and contiguous residential lots with natural vegetation, landscaping,
fencing and/or as shall be deemed appropriate by the Planning Board
29
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
30
Private garages; provided, however, that not more than two passenger automobile
spaces in such garages may be leased to persons not resident on the premises
Accessory Use ACR-80R-40R120R-200R-400Hamlet DensityAffordable Housing District (AHD)Resort Residential RRResidential Office ROLimited Business LBHamlet Business HBGeneral Business GBMarine I Marine IIMarine IIILight Industrial Park/Planned Office Light Industrial DistrictPlum Island Research DistrictPlum Island Conservation DistrictHistoric DistrictRecreation floating15 A A A A A A A A
16 A
17 A
18 A A
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20 A
21 A
22 A A A A A A A A A A A A A A A
23 A
24 A
25 A
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A
27 A
28
A
29
A A
30 A A A A A A A A A A A A A A
82ACR-80R-40R120R-200R-400Hamlet DensityAffordable Housing District (AHD)Resort Residential RRResidential Office ROLimited Business LBHamlet Business HBGeneral Business GBMarine I Marine IIMarine IIILight Industrial Park/Planned Office Light Industrial DistrictPlum Island Research DistrictPlum Island Conservation DistrictHistoric DistrictRecreation floating15 A A A A A A A A
16 A
17 A
18 A A
19 A A
20 A
21 A
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23 A
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25 A
26
A
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A
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A A
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31 Processing of agricultural products, which meet the following standards
32 Recreational uses
33 Sanitary and laundry facilities
34
Sleeping quarters, apartments or dormitories providing accommodations solely for
personnel associated with permitted or special exception uses
35 Snack bar
36 Storage sheds and tool sheds
37 The existing harbor and ferry facility for transportation by boat to and from the Island
38 Ticket offices, waiting areas, snack bar
39
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
40 Use of aircraft in agricultural operations, provided that
41 Wineries may have an accessory gift shop
42
Yard sales, attic sales, garage sales, auction sales or similar types of sales of
personal property
Accessory Use
84ACR-80R-40R120R-200R-400Hamlet DensityAffordable Housing District (AHD)Resort Residential RRResidential Office ROLimited Business LBHamlet Business HBGeneral Business GBMarine I Marine IIMarine IIILight Industrial Park/Planned Office Light Industrial DistrictPlum Island Research DistrictPlum Island Conservation DistrictHistoric DistrictRecreation floating31 A A A A A A
32 A A A A A A
33 A
34 A A
35 A
36 A
37 A
38 A
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42 A A A A A A A A