HomeMy WebLinkAboutLL-2003 #10Local Law Filing
NEW yORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBA31Y, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or maderlining to indicate new matter.
City
Town of
SOUTHOLD
LOCAL LAW NO. 10 2003
TOWN OF SOUTHOLD
A Local Law entitled, "A Local Law in relation to the Hamlet Business (HB) District in Chapter 100 of the
Zoning Code of the Town of Southold"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose -To provide alternative uses for business properties, and to provide the community with alternative
housing opportunities within the hamlet centers.
IL Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
§ 100-91. Use regulations.
In the HB District, no building or premises shall be used and no building or part of a building shall be erected or
altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the
following:
A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L. No. 3-1995]
Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1);
A(2) and A(20) hereof, are subject to site plan approval by the Planning Board:
(1) One-family detached dwelling, not to exceed one (1) &veiling on each. lot. The dwelling must be
occupied by the owner of the property.
(2) Two-family dwelling, not to exceed one (1) dwelling on each lot. The dwelling must be occupied by the
owner of the property.
(3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park
districts and fire districts.
(4)
(5)
(6)
(7)
(8)
Boardinghouses and tourist homes.
Business, professional and governmental offices.
Banks and financial institutions.
Retail stores. -'
Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L. No. 9-1994]
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. i 1/99)
(9) Bakeshops (for on-premiseS retail sale).
(10) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel
agencies.
(11) Art, antique and auction galleries.
(12) Artists~ and craftsmen's workshops.
(13) Auditoriums or meeting hails.
(14) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops,
electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops.
(15) Custom workshops.
(16) Bus or train stations.
(17) Theaters or cinemas (other than outdoor).
(18) Libraries or museums.
(19) Laundromats.
(20) Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(14).
(21) Multiple dwellings.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a
special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning
Board:
(1) Any special exception use set forth in and as regulated by § I00-3 lB(3) to (6) and (13) and (14) ofthe
Agricultural-Conservation District.
(2) Motel and hotel uses as set forth in and regulated by § 100-6 lB(4) of the Resort Residential (RR)
District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by L.L. No. 16-1990]
(3) Boarding and/or tourist homes as set forth and regulated by § 100-6 lB(5) of the Resort Residential (RR)
District. [Amended 2-7-1995 by L.L. No. 3-1995]
(4) Fraternal or social institutional offices or meeting halls.
(5) Drinking establishments.
(6) Public garages.
(7) Funcrai homes.
(8) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995]
(9) [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restamants, subject to the following
requirements:
(a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking and
Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking distance of the
site or three hundred (300) feet, whichever is less. The improvement or development of municipal parking may
be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning
Board as part of its site plan review procedure by conducting a parking survey of the capacity of the existing
municipal parking area to accommodate the projected increase in usage due to the introduction of the subject
land use.
(b) An assessment of the potential traffic impacts of the proposed use must accompany the long
environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or
walkup window or door.
(d) Exterior siguage shall conform in ail respects to Article XX, Signs, of this chapter and, further, may not
be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of
the business or onto any exterior structures, including waste disposal receptacles and flags.
(f) The physical design, including color and use of materials, of the establishment shall be compatible with
and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the
particular location.
2
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory
uses and, except for resi.dential accessory uses and signs, which are subject toArticle XX, are subject to site
plan review:
(1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricnltural-
Conservation District, and subject to the conditions set forth in § 100-33 thereof.
(2)
Apartments are permitted within the principal building only, subject to the following requirements:
i) The Building Department issuing an accessory apartment permit.
ii) The habitable floor area of each apartment shall be at least three hundred and fifty (350) square
feet.
iii) There shall be no more than three (3) apartments created or maintained in any single structure.
iv) Each apartment shall have at least one (1) off street parking space.
v) Construction andJor remodeling of an existing structure to create an accessory apartment shall
not trigger the need for site plan approval set forth specifically in section 100-250 and Article
XXV in general unless such construction or remodeling results in an increase of the foundation
size of the structure..
vi) The Apartment(s) shall not comprise more than forty percent (40%) of the principal building.
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no build'mg or part thereof shall be erected or altered in the HB
District unless the same conforms to the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such
regulations were set forth herein in full.
§ 100-93. (Reserved)
III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part
there of other than the part so decided to be unconstitutional or invalid.
IV. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
3
(Complete the certification in the paragraph that applies to the fding of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, desi~ated as local law No. 10 of 20 03 . ofthe
(County)(C!~y)(Town) (V!~:.?,z) of SOUTHOLD was duly passed by the
TOWN BOARD on May 6 ,20 03 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 __, and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason ora (mandatoEf)(penrfissive) referendum, and received the affrrmative vote of a majority of
the qualified electors voting thereon at the (geneml)(special)(armual) election held on 20__, in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(Connty)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of ha~fmg been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 ___,
became operative.
6: (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Iocal law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Cie k~~~ty~
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date: __.May 8, 2003
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment o£the local law annexed hereto.
Patricia A. ~orney
Gregory F. Yakaboski, Esq., Town AttOrney
Title
City
Town of
SOUTHOLD
Date:
May 8, 2003
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Ro~d
P.O. Box 1179
Southald, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southold~own,northferk.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 278 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MAY 6, 2003:
WHEREAS, there was been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 4th day of February 2003 a Local Law entitled "A Local Law in
relation to the Hamlet Business (liB) District in Chapter 100 of the Zonin~ Code of the
Town of Sonthold"; and
WHEREAS a public hearing on the aforesaid Local Law was held on the 1 lth day of March
2003 at which time all interested persons were given the opportunity to be heard thereon, now,
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following
Local Law:
LOCAL LAW NO. 10 OF 2003
TOWN OF SOUTHOLD
A Local Law entitled, "A Local Law in relation to the Hamlet Business (liB) District in
Chapter 100 of the Zonina Code of the Town of Southold"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose -To provide altemative uses for business properties, and to provide the community
with alternative housing opporminties within the hamlet centers.
II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
§ 100-91. Use regulations.
In the l-lB District, no buikFmg or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by
L.L. No. 3-1995] Permitted uses. The following are permitted uses and, except for those uses
permitted under Subsection A(1), A(2) and A(!9) A(20) hereof, are subject to site plan approval
by the Planning Board:
(1) Any permitted use set forth in and regulated by § 100 3 IA(I) and (3) of the Agricultural
Conservation District. One-family detached dwelling, not to exceed one (1) dwellin~ on each
lot. The dwellin~ must be occupied by the owner of the l~ropertv.
(2) Any permitted uses as set forth in and as regulated by § 100 ~;2A(2) of the Hamlet
Residential District. Two-family dwelling~ not to exceed one (1) dwellin~ on each lot. The
dwellin~ must be occupied by the owner of the property.
(3) Buildings, structures and uses owned or operated by the Town of Southold, school
districts, park districts and fire districts.
(-3) 4~ Boardinghouses and tourist homes.
(4) 5~1 Business, professional and governmental offices.
(-5) 6~ Banks and financial institutions.
(6) ~ Retail Stores.
(-79 8~1 Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by
L.L. No. 9-1994]
(g) ~ Bakeshops (for on-premises retail sale).
(9) (10) Personal service stores and shops, including barbershops, beauty parlors, professional
studios and travel agencies.
(10) (11) Art, antique and auction galleries.
(11) (12) Artists' and craftsmen's workshops.
(12) (13) Auditoriums or meeting halls.
(13) (14) Repair shops for household, business or personal appliances, including cabinet shops,
carpenter shops, electrical shops, plumbing shops, fumintre repine shops and bicycle and
motorcycle shops.
(44) (15) Custom workshops.
(15) (16) Bus or train stations.
(14) (17) Theaters or cinemas (other than outdoor).
(17) (18) Libraries or museums.
(18) (19) Laundromats.
(19) (20) Bed-and-breakfast uses as set forth in and as regulated by § 100-3 lB(14).
(21) Multiple dwellinas.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site
plan approval by the Plamting Board:
(1) Any special exception use set forth in and as regulated by § 100~31B(3) to (6) and (13)
and (14) of the Agricultural-Conservation District.
(2) Multiple dwellings and to~mahouses:.
(-3) 2~ Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort
Residential (RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-
1990 by L.L. No. 16-19901
(4) [Amended 12 12 1989 by L.L. No. 23 1989] Apartments may bc pennitted over retail
stores and business, professional and governmental offices, subject to the following
requirements:
(a) The explicit ~x~tten approval of thc Town Fire Prevention Inspector shall be obtained for
the design, location, access and other safety related clements of every such apartment. No
apartment shall bc permitted over filYmg stations, stores retailing flammable or fume producing
goods, restaurants or other businesses with kitchens or other facilities producing intense heat or
any other establishment whicli the Fire Prevention Inspector determines to pose a greater than
average built in fire risk.
(b) The habitable floor area of each apartment shall be at least four hundred fif[y (450)
square feet, but in no case more than seven hundred fifty (750) square feet. The apartment shall
not bc located on the first floor of the building, and the apartment shall contain all services for
safe and convenient habitation, meeting the New York State Uniform Fire Prevention and
Building Code and the Sanitary Code.
(c) There shall be no more than three (3) apamnents created or maintained in any single
(d) Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have
a separate access to the outside of the build'rog, which must bc distinct fi:om the access to uses on
the first floor.
(e) Each apartment shall have at least one (1) on site off street parking space meeting the
standards of this chapter, conveniently located for access to the apartment.
(f) Only the owner of the building in which it is proposed to locate the apartment(s) may
apply for this special permit. Thc Board of Appeals shall require that such applicant execute such
agreements, contracts, ermcments, covenants, deed restrictions or other legal instruments running
in favor of thc town as, upon recommendation of thc Town Attorney, thc Board shall determine
to be necessary to-ensure that:
[11 Thc apartment, or any proprietary or other interest therein, will not be sold to the tenant
or any other party, except as part ora sale of thc entire build'rog in xvhich the apartment is
[21 The apartment is made available for year round rental.
[31 The ~partment is properly constructed, maintained and used, and unapproved uses are
excluded therefrom.
[4] Any other condition deemed reasonable and necessary to ensure the immediate and long
term success of the apartment in helping to meet identified housing needs in the community is
complied with.
(-5) (3) Boarding and/or tourist homes as set forth and regulated by § 100-6IB(5) of the Resort
Residential (PR) District. [Amended 2-7-1995 by L.L. No. 3-1995]
(6) (~_ Fraternal or social institutional offices or meeting halls.
67-) 5~ Drinking establishments.
~ ~'~ Public garages.
¢9) (7) Funeral homes.
(10) ~)Flea markets. [Added 10-17-1995 by L.L. No. 21-1995]
(11) 9~ [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restaurants, subject to
the following requirements:
(a) Adequate parking shall be provided in accordance with that reqffrred by Article XIX,
Parking and Loading Areas, of this chapter. All parking spaces shall be located within reasonable
walking distance of the site or tlu-ee hundred (300) feet, whichever is less. The improvement or
development of municipal parking may be used to satisfy this requirement. The adequacy of
municipal parking shall be detcmnined by the Planning Board as part of its site plan review
procedure by conducting a parking survey of the capacity of the existing municipal parking area
to accommodate the projected increase in usage due to the introduction of the subject land use.
(b) An assessment of the potential traffic impacts of the proposed use must accompany the
long environmental assessment form. The appropriate mitigation measures must be incorporated
into the site plan.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up,
drive-by or walkup window or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and,
further, may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the
windows of the business or onto any exterior structures, including waste disposal receptacles and
flags.
(f) The physical design, including color and use of materials, of the establishment shall be
compatible with and sensitive to the visual and physical characteristics of other buildings, public
spaces and uses in the particular location.
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are
permitted as accessory uses and, except for residential accessory uses and signs, which are
subject to Article XX, are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the
Agricultural-Conservation District, and subject to the conditions set forth in § 100-33 thereof.
(2)
requirements:
i)
ii)
Apartments are perr~ltted within the principal buikVmg only, subject to the following
iii)
iv)
v)
The Building Department issuing an accessory apartment permit.
The habitable floor area of each apartment shall be at least three hundred and fifty
(350) square feet.
There shall be no more than three (3) apartments created or maintained in any
single structure.
Each apartment shall have at least one (1) off street parking space.
Construction and/or rc~aodermg of an existing structure to create an accessory
apartment shall not trigger the need for site plan approval set forth specifically in
section 100-250 and Article XXV in general unless such construction or
remodeling results in an increase of the foundation size of the structure..
The Apartment(s) shall not comprise more than forty percent (40%) of the
principal building.
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or altered
in the HB District unless the same conforms to the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter by reference, with the same force and
effect as if such regulations were set forth herein in full.
§ 100-93. (Reserved)
III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law
as a whole or any part there of other than the part so decided to be unconstitutional or invalid.
IV. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Strike-through represents deletion.
Underline represents insertion.
See next page
Elizabeth A. Neville
Southold Town Clerk
STATE OF NEW YORK
DEPARTMENT OF STATE
4 t STATE STREET
ALBANY, NY ! 223 i-0oo i
G~oR~B E. PATAKI
May 30, 2003
RANDY A. DANI~I..S
SEOR~I'ARY OF STAT~
RECEIYED
ELIZABETH A. NEVILLE
TOWN HALL, 53095 MAiN RD.
PO BOX 1179
SOUTHOLD NY 11971
"B" S HB Districts"
Re: TOWN of SOUTHOLD, Local Law 9 & I0, 2003, filed on 5/12103
To Whom it May Concern:
The above referenced material was received and filed by this office as indicated,
Additional local few filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518)474-2755
WW¥/. DOS. STATE. NY. US * E-MAIL: I N FO@ DOS, ~TATF--. NY. U-=,
El JT. ABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
1Vi~_RRIAGE OFFICER '
RECORDS MANAGEMENT OFFICER
FREEDOM OF LNFORMATION OFFICER
offiCE or TIlE TOwN CLERK
TOW Or SOUT OL,
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-t800
southoldtown.northfork.net
May 8, 2003
New York State Department of State
State Records and Law Bureau
41 State Street
Albany, NY 12231
RE: Local Law Number 9 & 10 of 2003
Town of Southold, Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am
enclosing herewith certified copies of Local Law Number 9 & 10 of 2003 of the Town of
Southold suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the enclosures
in your office. Thank you.
SENDER: COMPLETE THIS SECTION
· Complete items 1, 2, and 3, Also complete
item 4 if Restricted Delivery s desired.
· Pr nt your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. ArticleAddressed to:
NYS Department of State
State Records S Law Bureau
¢1 State Street
il~,lbany, NY 12231
2. Article Number (Copy from service label)
7000 1530 0003 8334 7060
Very truly yours,
x MAY 1
[] Addressee
If YES, enter delivery address below: [] No
3. Sen/ice Type ~> ~
[~Cer[ified Mail [] Express Mail
[~Registered [] Return Receipt for Merchandise lrtment of
I~ Insured Mail [] C.O,D.
4. Restricted Delivery? (Extra Fee) ~ Yes
;y 12231
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER ~
RECORDS lvLkNAGEIv~ENT OFFICER
FREEDOM oF INFORMATION OFFICER
· OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, N~w York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor thfork.net
May 8, 2003
Attention: Shirley Flint
Code Supplementation
General Code Publishers Corp.
72 Hinchey Road
Rochester, New York ~ 14624
Re: Town of Southold Code
Local Law Number 9 & 10 of 2003
Dem' Ms. Flim:
Transmitted herewith please find the Local Law Number 9 & i0 of 2003.
Please make the appropriate amendments to the Southold Town Code.
Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
cc: Town Attorney
2003
Bas[neSs (HB} District
In Chaoter 100 of the Zoning
Codee of the- Town
Southold~'.
?¢TED
Towff B0~ ~of ~e To~ :~
J. J~t~rpo~t' Jo plan
~L Ch~q~ ()0 of Ihu ~oniI~
~utlding ~ p~'at,a
shall be crated or.
w~ch 'is arranged, i~tended or
d~ign~ to be used,m whol~ or
in pm, ~br ~y uses except
~ollowing: ' '
A. ~ended 5-9-1989
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being-duly sworn, says
that she is the Legal Advertising
Coordinator. of the Traveler Watchman.
a public newspaper printed at Southold,
in Suffolk County; and that the notice of
which the annexed is a printed copy, has
been published in said TraVeler
Watchman once eaCh week
for ..... ./......week(s) c~ Successively,
co~mme.~leijag on the ..... ..c~....C) ...... dayof
....... ....... ,2003.
Swo..~j~_ ~o.be..f,o/~ej me this..~..U...day of
.... ].%. t3..(..~. ~ P..~.., 2003,
Notary Public
Emily Hamill
NOTARY PUBLIC. State of New York
No. 01HA5059984
Qualified in Suffolk CountT'
Commission expires May 06. 2006
~ , -
The ~llowi~g materi~i h~s been received
~nd wi]J be pro~ssed for inclusion in your
Code ~s suppiement~ pages (where
~pplicsble):
Loc~ Law Nos. 9-2003 and 10-2003
C/O C!erk's Office
FO Box i i 79
Southoid. NY 1! 971
Genera] Code Publishers
Phone: 800/886-8834
Fax: 585/328-8189
dance halls billiard parlors,
bow~ ling allp~, health si>as and
Clubs and Uses normally
accessory and incidental to
commercial recreation, such as
rooms, eating and
facilities and retail sale
o~
.... J,:opc, I~ m,'.,,iaii:.,d,;[,
~-xit
.... : ....... c M.:¼_,,._~2~_~',~[_~_.~_ oe ,oca~u tne ~eus~tv and Minimu~
uperatco oy me customer at me '~-~ ')~ ~;~g cents ~fit ,Siz,e Schedule, ~
-self-se~i~p~isl~d~dthe -';~q~]~fi'ff~n cO lex Xon[~, 1 ,
...... X.III.OI ]t,l,r~t ,~ - - . . ,
dis' . ..... ~Y;~,~-,.~~ ,~c~at sfl~i- nc:~ ~h~ "~~:
~ US~ s~t fo~ ia eff~t ~iamly upo~ filing
~i~ ~e Seeret~ of S~te as
provid~ by law.
Strike-thrOugh represehts
deletion. -
Und~line repr~ents inse~on.
Dated: Fe~ 10, 2003 - -
BY O~ER OF ~ TO~
BO~
OF THE TOWN O~
SOU~O~
E~be~ Nevffie
To~ Clerk
1X-2/20/03(562)
113-
be no latch-
solid
means of at least six (6) feet in
height '
.(fi). Ap.artments are permitted
wzonn [n~ principal swacture
only: subject'to the following
re mrements
~ habitable fio~r area of
?,ach apartmeMt shall be at least
three hundred and' fifty (350~
ni) There ~ha ! be no more Than
~ aoartmefit shall have
at least one-(1) off s~'eet
parking s~ace.
v) Construction and/or
remndel~n.- of an ~'Xi~t:n.,,
ill(l-250 arid \:'ll,'l,: XX'~-;~
~eneral unl ~;s such
and
and ]
same ~ ~ and effect
:r_e ~g~,~ations were Set herein
LEGAL NOTICE
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY
GIVEN that the Town Board of
the Town of Southold will hold
a public hearing on the
aforesaid Local Law at the
Southold- Town Hall, 53095
Main Road, Sonthold; New
York, on the l~t~ d~v of
March. 2003 at 5.05 P.m. at
which time all interested
persons will be 'given an
opportunity to be heard.::
T~e proposed "A Loi:al Law
in relation to-th~ Itamlet
Business ¢li,qi D ,,ii'Jcl ill
bnlllhold", n,tl:d, :IN !0-~'.10'¢,%. =
]_.'~'t~'~.--I'. [N,% %{),
A Local Law entitled~ "A
Local Law in relation to t~
llamlel Bush ~ ~,,, OIBI D ~1
ENACTED hy the
Town Board of the ToWn of
Sonthold, as follows
L Purpose - To I/rovide
alternative uses for business
properties, and to provide the
conmaunity with alternative
housing opportunities within
hamlet cehters. ·
IL Chapter 100 of the Zoning
Gode of ~he Town of Soathol3
ia hereby amended as follows:
§ 100-91. Use regulations2
: Irrthel-IB District, no building
or p.r..e:mbes ~hall be used and no
building or part of a biiilding
Sfialt 15~ erected or~ altere~
which is arranged..intended o~
22A -:rraveter W tcnr,,a.- ThmOay; February 20, 2003
}Legals
from Preceding page
(2) Any permitted uses as set '
forth in and as regulated by ,~
t00 42A (2) of the Hamlet-
ResidentiaI District, Two-
familv dweltin~, not to exc-"~'~
(1] one-dwellin~ on each lot.
Thb dweltin~ must beoccudied
by the owner of the property.
(3) Buildinas. structures and
uses owned or operated by the
Town of Southold. school
distridts, park districts end.fire
districts.
---'~_'~ Boardinghouses and
toimlst homes.
such apama.nt. No ,tpadmcut subjecl to the following
slmll be p,am}tted ow~ fillhlg r~ukemea~:
statio~xs; -~tm~s lctailing (a) Ad~uate p~ng sh~ be
fl~m~bt~ 0~ fm~-p~Uc~g provided m accord~ce wi~
goo~. ~eshma~ts ~ ua~c, ~5~ r~ed by' ~cle X~,
b~hF~hs~ wifl~ h~heus o~ PgMng ~d ~a~ng~, of
oth6i faciHti'6s ' ~oduch~g ~s chapmr. ~ p~Bng spaces
;ntc,Sse heat ut any od,c, sh~l be lochted' w~thin
c~t~b~[~hmLut whLh ti,c Ykc maso~blew~ng ~s~ce of
~tc~et!lJ[,. hmpe~t61 detmmiaes ~e site or
tu i)osc fl ~[caleJ flzan a~.,age feet,' whichever is less. ~e
bugt4a fhe fisL '
~"~e habJ~blc Enoz mca of used
rum Iron&ed ~[~y (450)
feet, but in ~u case m&c fl~
~*veu-l~m&~ fifty (750):
sqa~e feet. The opm ~mnt sl~
nut be lo~atcd on the fhst
of tim building, mxd the
apmhxwut ~h~I con~n ~1 ~a to
~ fo~ sMe ~d ~Uvcnicnt
habi~fion, m~fing fl~ New
(q9 (5) Business, professional
and governmental offices.,
(fir) (6) Banks and financial
insfitnti6us. ., .
(6~ .(2) Retail stores.
(q9 (8) Restaurants, excluding
formula food and take-out
restaurants. [Amended 5-16-
1994 by LL No; 9-199~]
ftc0 (9) Bakeshops [for on-
prem/ses ret~ sale),
(9) (10) Personal service
stores-and shops, including
~barbersh0ps, beauty parlors,
professional studios and travel
agencies.
-(-t0) (11) Art, antique and
aucfi6n gaileries.
(11) (12) Artists and
craftsmen's workshops.
Auditoriums or
Pmveutiou and:Bui/dh~g Code
and the Saaitaty Code.
(0 Thcs. shail b~ 11o mole
thau ghee Q) apm~xents
cleated ox ll~ll~l~ in_
sin~e b~lding.
(d) Eadt 'apaunent,
co.non lr~way sci vicing t~o
(2) ~l fl. ~ (3) ~pa m~nts, sh~l
oBNide of file buil~ng,
~mst ~ ~finct tom thc
to asc~ oti the fh~t'flool.
(e) Each a~mh~nt sh~I ha~e
at l~a~t One G) un-site off-s
~tandi& ~f tiffs chapta,
to the ap,u h'~ent.
shops for '~ (1) Oi~Iy .fl~{ o'wuet of the
building in wlfi~h it is p-,vosed
{o lo~ate the ap,~hnent(s)
apply fo~ flfi~ special pe~t/
~ BOred of App~Ms sl~l
A~qhh~ fl~at such applLm~t
d~d' ~*ahicfionS. OI othel leg~
' , insh~l~u[~ lUllllh~t faVOl of
~earers or me~s .....
ClX) Li~}mes or Attoincy, the Bum~
(17) , ' ' detem~O~.to be.
~ Lanndro~t
~'~295 (20) Bed-~d~e~t ;[~j fine ap~n~
fl~s ~ ~2* fomh ih .-d-as piopltc~y m ome~
~,ilat a~~ s~100 3~g/1--~ fl~miin, will not bc s~ld m the
F~15 M.l~inle dwellinas; -' ~l~t o~ arty othe~ pmty, exc*pt
- ~:d~n~n wldch
site
Multiple dwdlLgs aim ?"~ ..... .
:,Og(2)Motelandhotel,u~es~as .. .~ ..,.. .
use.
(b) An assessment of-the
potential traffic impactsof the
proposed use must accompany
the long environmental
assessment f6rm. The
appropriate mitigation measures
rfifist 0e incorporated into the
site plan.
(¢) There shall be no .counter
sarvin~ outdoor traffic via a
driveqh, drive.tin, ugh, dfive~
up, dave-by or walkup window
or door.
(d) Exterior signage shall
conform in ail respects to
Article XX, Signs, of thig
chapter, and, further, may not be
lit from within.
i (e) Advertiseanetus, including
trademark logos, may not be
aly. ixed, painted or glued onto
the windows of the business or
out6 any ex/sting structures,.
including waste disposal
receptacles and flags.
(f) The physical design,
including co]or and use of
materials, of the establishment
shall be compatible with and
sensifige to the visual and
f other
1989] Accessory
g are
which are
XX. are
re,uaw:
) Accessory uses as set forth
in and £egulated by § 100-
MC(l) through (7)) of the
Agricultural:Conservation
District, 'and subject to the
conditions set forth in § 100-33
thereof.
(2) Apartments are i~ermitted
within the pbrmitted within,the
principal structure only subject
tothe following req~n:ements:
!) The Bullring 'Department
issuing an accessory
aparunent vermit
XXV in ~eneral unless
construction or remo~
results in an increase {
foundation size of
mrtment(s) sN
comvrise more than
nercent (40%) of the vri~
§ 100-92. Bulk. area
parking regulations.
NO bdilding or premises
be used and no building o
thereof shall be erecte
altered in the HB Distric~ t
the same conforms to the
Schedule and Parking
Loading Schedtfles incorpc
into this cMpter by refe~
with the same force and ~
as~ if such regulations weJ
f6rth herein in full
§ 100-93. (Reserved)'
III. Severabillty.
If any . clause, sero
paragraph, section, or part c
Local Law shall be adjudg
any court of comp
jurisdiction to be'invaiid
lud .g/~e. nt shall not effec
valtdity of this law as awN
any p~Zt thereof other tha
part so decided to
unconstitutional or invalid.
1V. Effective Date.
This Local La~ shall
effect immedi~tely upon
with'lhe~ Secretary of Sta
~ovided by 1,a,w. -
rike-through repres
deletion.
Underline represents ingert
Dated: Feb~ary 10; 2003
BY ORDEROF ,THE T(
BOARD -
OF :THE TOWN
SO!oq'HOLD
Elizabeth Neveilie
Town Clerk
1X-2/20/03(563) ~
LEGAL NOTICE
NOTICE OF PUBLIC H-EARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold
a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main
Road, Southold, New York, on the llth day of March, 2003 at 5:05 p.m. at which
time all interested persons will be ~ven an opportunity to be heard.
The proposed "A Local Law in relation to the Hamlet Business OtB) District in
Chapter 100 of the Zonin~ Code of the Town of Southold", reads as follows:
LOCAL LAW NO.
2003
TOWN OF SOUTHOLD
A Local Law entitled, "A Local Law in relation to the Hamlet Business OtB) District
in Chapter 100 of the Zonin~ Code of the Town of Southold"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose -To provide alternative uses for business properties, and to provide the
community with alternative housing opportunities within the hamlet centers.
IL Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as
follows:
§ 100-91. Use regulations.
In the HB District, no build'rog or premises shall be used and no building or part of a
building shall be erected or altered which is arranged, intended or designed to be used, in
whole or in part, for any uses except the following:
A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-
1995 by L.L. No. 3-1995] Permitted uses. The following are permitted uses and, except
for those uses permitted under Subsection A(1), A(2) and A(19) A(20) hereof, are subject
to site plan approval by the Planning Board:
(1) Any permitted use set forth in and regulated by § 100 3 iA(l) and (3) of the
Agricultural Conservation District. One-family detached dwelling, not to exceed one (D
dwelling on each lot. The dwelling must be occupied by the owner of the proverty.
(2) Any permitted uses as set forth in and as regulated by § 100 42A(2) of the Hamlet
Residential District. Two-family dwelling, not to exceed one (D dwelFmg on each itt.
The dwellin~ must be occupied by the owner of the property.
3~ BnilcFmgs, structures and uses owned or operated by the Town of Southold, school
districts, park districts and fire districts.
(-3) (4~ Boardinghouses and tourist homes.
(4) 5~ Business, professional and govm-nmental offices.
~5) ~ Banks and financial institutions.
(6) ~T} Retail stores.
(-7-) (8~ Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-
1994 by L.L. No. 9-1994]
(-8) (9~ Bakeshops (for on-premises retail sale).
(9) (10) Personal service stores and shops, inclucFmg barbershops, beauty parlors,
professional studios and travel agencies.
(10) (11) Art, antique and auction galleries.
(11) (12) Artists' and craftsmen's workshops.
(12) (13) Auditoriums or meeting halls.
(13) (14) Repair shops for household, business or personal appliances, including cabinet
shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and
bicycle and motorcycle shops.
(44) (15) Custom workshops.
(15) (16) Bus or train stations.
(16) (17) Theaters or cinemas (other than outdoor).
(17) (18) Libraries or museums.
(18) (19) Laundromats.
(!9) (20) Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(14).
(21) Multiple dwellings.
B. Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals as hereinafter provided,
subject to site plan approval by the Planning Board:
(1) Any special exception use set forth in and as regulated by § 100-3 lB(3) to (6) and
(13) and (14) of the Agricultural-Conservation District.
(2) Multiple dwellings and townhouses.
(-3) 2~ Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort
Residential (RR) District, except that minimum lot size shall be three (3) acres.
[Amended 7-31-1990 by L.L. No. 16-1990]
(d) [Amended 12 12 1989 by L.L. No. 23 1989] Apartments may be permitted over
retail stores and business, professional and govcmmental offices, subject to the following
requirements:
(a) The-explicit written approval of the Town Fire Prevention Inspector shall be
obtained for the design, location, access and other safety relatcd elements of every such
apartment. No apartment shall bc permitted ovcr filling stations, stores retailing
flammable or fume producing goods, rcstaurants or other businesses with ldtchens or
other facilities producing intense heat or any other-establisinnent which the Fire
Prevention Inspector determines to pose a greater than average built in fire risk.
(b) The habitable floor area of each apartment shall bc at least four hundred fifty
(450) square feet, but in no case more than seven hundred fifty (750) square feet. The
apartment shall not be located on the first floor of the building, and the apar~ent shall
contain all services for safe and convenient habitation, mecting the Ne~v York State
Uniform Fire Prevention and Building Code and the Sanitary Code.
(c) There shall be no more than three (3) apartments created or maintained in any
single building.
(d) Each apartment, or common hallway servicing two (2) or three (3) apartments,
shall have a separate access to the outside of the building, which must be distinct fi:om
the access to uses on the first floor.
(e) Each apartment~ shall have at least one (1) on site off street parldng space meeting
the standards of this chapter, conveniently located for access to the apartment.
(f) Only the owner of thc building in which it is proposed to locate the aparmmnt(s)
may apply for this special permit. Thc Board of Appeals shall require that such applicant
execute such agremueuts, contracta, easements, covenants, deed restrictions or other legal
instruments running in favor of the town as, upon recommendation of the Town Attorney,
the Board shall det~nine to be necessary to ensure that:
[1] The apartment, or any proprietary or other interest therein, will not be sold to the
tenant or any other party, except as part of a sale of the-entire building in which the
apartment is located.
[2] The apartment is made available for year round rental.
[3] The apartment is properly constructed, maintained and used, and unapproved uses
are excluded therefrom.
[4] Any other condition deemed reasonable and necessary to-ensure the immediate
and long term success of the apartmant in helping to meet identified housing needs in thc
community is complied with.
(5) (3~ Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the
Resort Residential (P.R) District. [Amended 2-7-1995 by L.L. No. 3-1995]
~6) (4~ Fraternal or social institutional offices or meeting lmlls.
~7) (5~ Drinking establishments.
(8) (6~ Public garages.
(9) (7] Funeral homes.
(!0) .(~ Flea markets. [Added 10-17-1995 by L.L. No. 21-1995]
(11) (9) [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restaurants,
subject to the following requirements:
(a) Adequate parking shall be provided in accordance with that required by Article
XIX, Parking and Loading Areas, of this chapter. All parking spaces shall be located
within reasonable walking distance of the site or three hundred (300) feet, whichever is
less. The improvement or development of municipal parking may be used to satisfy this
requirement. The adequacy of municipal parking shall be determined by the Planning
Board as part of its site plan review procedure by conducting a parking survey of the
capacity of the existing municipal parking area to accommodate the projected increase in
usage due to the introduction of the subject land use.
(b) An assessment of the potential traffic impacts of the proposed use must
accompany the long environmental assessment form. The appropriate mitigation
measures must be incorporated into the site plan.
(c) There shall be no countc-r serving outdoor traffic via a drive-in, drive-through,
drive-up, drive-by or walkup window Or door.
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter
and, further, may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued
onto the windows of the business or onto any exterior structures, including waste disposal
receptacles and flags.
(f) The physical design, including color and use of materials, of the establishment
shall be compatible with and sensitive to the visual and physical characteristics of other
buildings, public spaces and uses in the particular location.
3
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are
permitted as accessory uses and, except for residential accessory uses and signs, which
are subject to Article XX, are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the
Agricultural-Conservation District, and subject to the conditions set forth in § 100-33
thereof.
(2) Apartments are permitted within the principal structure only, subject to the
following requ'rrements:
i) The Building Department issuing an accessory apartment permit.
ii)" The habitable floor area of each apartment shall be at least three hundred
and ilftv (350) square feet.
iii) There shall be no more than three (3) apartments created or maintained in
any single structure.
iv) Each apartment shall have at least one (1) off street parking space.
v) Construction and/or remodeling of an existing structure to create an
accessory apartment shall not trigger the need for site plan approval set
forth specifically in section 100-250 and Article XXV in general unless
such construction or remodeYmg results in an increase of the foundation
size of the structure..
vi) The Apartment(s) shall not comprise more than forty percent (40%) of the
principal structure.
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or
altered in the HB District unless the same conforms to the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter by reference, with the same force
and effect as if such regulations were set forth herein in full.
§ 100-93. (Reserved)
IlL Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged
by any court of competent jurisdiction to be invalid, the judgment shall not effect the
validity of this law as a whole or any part there of other than the part so decided to be
unconstitutional or invalid.
IV. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Strike-through represents deletion.
Underline represents insertion.
4
Dated: February 10, 2003
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON FEBRUARY 20, 2003, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Traveler Watchman
Building Dept
Town Clerk's Bulletin Board
Planning Board
Town Board Members
Town Attorney
Zoning Board
5
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the/D ~ day of ,.~.~Z~o~ ,2003, she affixed a notice
of which the annexed printed notice is a tree copy, in a proper and substantial mariner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit: Town
Cl~rk's Bulletin Board, 53095 Main Road, Southold, New York.
NOTICE OF PUBLIC HEARING TO BE HELD ON: 5:05 pm March 11, 2003
Southold Town Clerk
Sworn before me ~his
/~> day of
o~t~ ~ub~
,2003.
SOUTHOLD TOWN BOARD
PUBLIC HEARiNG
March 11, 2003
5:05 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO THE HAMLET BUSINESS
DISTRICT IN CHAPTER 100 OF THE ZONING CODE OF TIlE TOWN OF SOUTHOLD".
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095
Main Road, Southold, New York, on the llth day of March, 2003 at 5:05 o.m. at which time all
interested persons will be given an oppommity to be heard.
The proposed "A Local Law in relation to the Hamlet Business CRIB) District in Chatter 100 of
the Zonin~ Code of the Town of Southold", reads as follows:
LOCAL LAW NO. 2003
TOWN OF SOUTHOLD
A Local Law entitled, "A Local Law in relation to the Hamlet Business (HB) District in Chal~ter
100 of the Zoninff Code of the Town of Southold"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose -To provide alternative uses for business properties, and to provide the community with
alternative housing opportunities within the hamlet centers.
II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
§ 100-91. Use regulations.
in the HB District, no build'rog or premises shall be used and no building or part of a building shall be
erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses
except the following:
A. [Amended 5-9-t989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.Lo No.
3-1995] Permitted uses. The following are permitted uses and, except for those uses permitted under
Subsection A(1), A(2) and A(!9) A(20) hereof, are subject to site plan approval by the Planning Board:
March 11, 2003 2
Public Hearing-Hamlet Business
(1) Any permitted use set forth in and regulated by § 100 3 lA(l) and (3) of the Agricultural
Conservation District. One-family detached dwellina, not to exceed one (1) dwellin~ on each lot. The
dwellin~ must be occupied by the owner of the l~ropert¥.
(2) Any permitted uses as set forth in and as regulated by § 100 42A(2) of the Hamlet Residential
...... et:. Two-family dwellina, not to exceed one (1) dwellin~ on each lot. The dwellina must be
occupied by the owner of the property.
(3) Buildines, structures and uses owned or operated by the Town of Southold, school districts,
park districts and fire districts.
¢3) L~) Boardinghouses and tourist homes.
(4-) 1~ Business, professional and governmental offices.
(5) ~) Banks and financial institutions.
(6) LTl Retail stores.
(7) ~) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L.
No. 9-1994]
(49 1~) Bakeshops (for on-premises retail sale).
(9) (10) Personal service stores and shops, including barbershops, beauty parlors, professional studios
and travel agencies.
(10) (11) Art, antique and auction galleries.
(11) (12) Artists' and craftsmen's workshops.
(12) ~ Auditoriums or meeting halls.
(13) ~ Repair shops for household, business or personal appliances, including cabinet shops,
carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle
shops.
(14) (15) Custom workshops.
(15) (16) Bus or train stations.
~*,,2r~ ~ (17) Theaters or cinemas (other than outdoor).
(17) ~ Libraries or museums.
(18) (19) Laundromats.
(19) (20) Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(14).
(21) Multil~le dwellings.
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted
as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by
the Planning Board:
(1) Any special exception use set forth in and as regulated by § 100-3 lB(3) to (6) and (13) and (14)
of the Agriculm~cal-Conservation District.
(2) Multiple dwellings and to~mhouscs.
¢3) 2~) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential
(RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by L.L. No.
16-1990]
(~1) [Amended 12 12 1989 by L.L. No. 23 1989] Apartments may be permitted over retail stores
and business, professional and governmental offices, subject to the following requirements:
(a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the
design, location, access and othcr safety relatcd elements of cvetb~ such apartment. No apartment shall
be permitted over tilling stations, stores retailing flammable or fume producing goods, restaurants or
other businesses with ldtchens or other facilities producing intense hcat or any other establishment
which the Fire Prevention inspector determines to pose a greater than average built in fire risk.
March 11, 2003 3
Public Hearing-Hamlet Business
(b) The habitable floor area of each apartment shall be at least four hundred fifbj (] 50) square feet,
but in no case more than seven hundred fifiy (750) square feet. The apartment shall not be located on
the first floor of the building, and the aparm~nt shall contain all ser~Sces for safe and convenient
habitation, meeting the New York State Uniform Fire Prevention and Building Code and the Sauitary
(c) There shall be no more than three (3) apartments created or maintained in any single building.
(d) Each apartment, or common hallway sen"icing two (2) or three (3) apartments, shall have a
separate access to the outside of the building, which must be distinct from the access to uses on the
(e) Each apartment shall have at least one (1) on site off street parking space meeting the standards
of this chapter, conveniently located for access to the apartment.
(f) Only the owner of the building in which it is proposed to locate the apartment(s) may apply for
this special permit. The Board of Appeals shall require that such applicant execute such agreements,
contraCts, easements, covenants, deed restrictions or other legal insmm~ents running in favor of the
town as, upon recommendation of the To~vn Attorney, the Board shall determine to be necessary to
ensure that:
[ I ] The apartment, or any proprietary or other interest therein, Mil not be sold to the tenant or any
other party, except as part of a sale of the entire building in which the apartment is located.
[2] The apartment is made available for year round rental.
[3] The apartment is properly constructed, maintained and used, and unapproved uses are excluded
[4] Any other condition deemed reasonable and necessary to ensure the immediate and long term
success of the apartment in helping to meet identified housing needs in the community is complied
(-5) 3~ Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort
Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995]
(fo) 1~) Fraternal or social institutional offices or meeting halls.
~7) 5~ Drinking establishments.
t~) (6) Public garages.
(9) (7) Funeral homes.
(1O) ~ Flea markets. [Added 10-17-1995 by L.L. No. 21-1995]
(11) ~) [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restaurants, subject to the
following requirements:
(a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking
and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking
distance of the site or three hundred (300) feet, whichever is less. The improvement or development of
municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be
determined by the Planning Board as part of its site plan review procedure by conducting a parking
survey of the capacity of the existing municipal parking area to accommodate the projected increase in
usage due to the introduction of the subject land use.
(b) An assessment of the potential traffic impacts of the proposed use must accompany the long
environmental assessment form. The appropriate mitigation measures must be incorporated into the
site plan.
(c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-
by or walkup window or door.
March 11, 2003 4
Public Hearing-Hamlet Business
(d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further,
may not be lit from within.
(e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the
windows of the business or onto any exterior structures, including waste disposal receptacles and flags.
(f) The physical design, including color and use of materials, of the establishment shall be
compatible with and sensitive to the visual and physical characteristics of other buildings, public
spaces and uses in the particular location.
C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as
accessory uses and, except for residential accessory uses and signs, which are subject to Article XX,
are subject to site plan review:
(1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural-
Conservation District, and subject to the conditions set forth in § 100-33 thereof.
(2) Apartments are permitted within the principal structure only, subject to the following
The Building Department issuing an accessory apartment permit.
The habitable floor area of each apartment shall be at least three hundred and fifty (350)
square feet.
iii) There shall be no more than three (3) apartments created or maintained in any single
structure.
iv) Each apartment shall have at least one (1) off street_l~arking space.
v) Construction and/or rmuodeling of an existing structure to create an accessory
apartment shall not trigger the need for site plan approval set forth specifically in
section t00-250 and Article XXV in general unless such construction or remodeling
results in an increase of the foundation size of the structure..
vi) The Apartment(s) shall not comprise more than forty l~ercent (40%) of the principal
structure.
§ 100-92. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or altered in the
HB District unless the same conforms to the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if
such regulations were set forth herein in full.
§ 100-93. (Reserved)
III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent.jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part there of other than the part so decided to be unconstitational or invalid.
IV. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
COUNCILMAN WICKHAM: I don't think that I need to read all of the details of the second public
hearing because it mirrors the first one. On the map in front of you, you can see the designations in the
dark blue is the Business zoned districts and the gray little blotches there are the so-called Hamlet
Business zoning districts of the Town. The second public heating is essentially like the first, if enacted,
it will permit the accessory apartments in Hamlet Business areas, as well as the Business areas that we
talked about a moment ago. So, these are two hearings, the first one referred to the General Business-B
zone, the second one, that I just read, refers to the Hamlet Business zone. I have a letter from the
requirements:
i)
ii)
March 11, 2003 ~ 5
Public Hearing-Hamlet Business
Suffolk County Planning Department, saying that this is also a matter of local determination and that
they do not have an opinion about it.
SUPERVISOR HORTON: We will offer the floor to the public. Essentially this public heating mirrors
the one that we just held, so if anyone would care to address the Board?
ED HERNANDEZ, DIRECTOR, LONG ISLAND PROGRAMS FOR COMMUNITY HOUSING
INNOVATIONS: My name is Ed Hemandez, I am actually from Farmingville, NY but what brings
me here is I am Director of Long Island Programs for Community Housing Innovations and more
importantly, Co-Chair of Long Island Campaign for Affordable Rental Housing which is made up of
over 70 entitles, all around the housing issue advocates, religion, labor, business, environmental
groups, developers, school board members, school districts. Anybody involved in the housing
equation. Our purpose is to provide the towns with the tools necessary to create affordable rental
housing throughout Long Island. Just to talk about the need for a minute. Obviously, everybody has
heard the statistics, $1,045 for a one-bedroom apartment, $1,275 for a two-bedroom apartment is fair
market rent if you can find them. The need is out there, I have heard people talk. The thing about
accessory apartments that is appealing and again, the campaign has a number of tools; we have
legislative tools, we have public education, there will be a media campaign coming out shortly about
who really needs affordable rental housing. I think that most of the people hare hit it right on the head,
they are already here, the appealing about accessory apartments is they are owner occupants. The
appealing thing about Business Districts; it promotes smart growth, where people can walk. We have
become a car oriented society, where everything is get in your car, whether to get a quart of milk or a
loaf of bread. Building up Business areas, livable, workable, walkable communities is probably the
way to go. Accessory apartments is small, for working singles and families, the families are already
here, as was mentioned. There were a few issues, some of which the Supervisor touched on that have
to be considered and also could be the foundation for expanding the program, if you choose, beyond
the hamlet areas. One is transfer of development rights to preserve open space, I know from meetings
out here that the preservation of open space is a major issue out here and this is an ideal way of doing
that, concentrating development for those who need it in smaller areas while preserving the larger open
reserves. But also, incentives to do this because in order for somebody to create an accessory
apartment they have several obstacles that they face. One, if it is a legal apartment, they have to pay
taxes on the income, the other is there may be reassessment in terms of property values and the third
thing is finding the money to do that. One of the suggestions is perhaps to keep apartments affordable
is either doing a tax abatement or a tax deferment so that if somebody out of their good will creates an
accessory apamnent and you want to make sure it is affordable, don't jack up the taxes to make that an
impossible proposition. Another concern is ensuring that they go to year-round residents and not
creating units for the tourists. I have here and I can leave a copy, is a paper from East Hampton, they
have addressed, they are in the process of addressing the accessory apartment issues and one of the
issues was avoiding creating units for tourists. They are talldng about doing a voucher system,
somebody who needs an accessory apartment is a year-roun.d resident, can get a voucher that they can
move into one of these apartments end the landlord has to make agreements to do that. That way, you
are ensuring that it goes to year-round residents or you could have a tiered system, people who live in
the Town of Southold first and people who work in the Town of Southold second; crack at it to make
sure that the people that are already here are the ones who are going to benefit from it. And lastly,
some of the ideas that East Hampton is looking at is inspections to make sure that once it is done, it
stays safe and decent housing, you know, they don't become eyesores which is another important fact
March 11, 2003 · 6
Public Heating-Hamlet Business
of that. So, I can leave this here and if you are interested and I commend the Town for moving
forward because if we don't address the critical need of affordable rental housing, our young people
will continue to move off the Island, our places of business will not have the workers they need and
our economy will fall apart in the long run. Thank-you.
SUPERVISOR HORTON: Thank-you, Mr. Hernandez. And you can leave any of that information
here with the Town Board; we would certainly like to review that.
ED BLESCH: My name is Ed Blesch, I am from Orient. I think that the s~nse of the body tonight has
certainly been that we applaud the Board's efforts for accessory apartments hi both of these measures
that are up before us tonight. I have two possible reservations, number one, coming from Manhattan 25
years ago, I know what happened when they started having aparlrnents in the flower district, the meat
packing district, it was dirt cheap initially and then it became trendy and know the urban pioneers are
not able to stay there any longer, so I think that an adjunct perhaps to this is some sort of price control
and what renters can get from their tenants in these proposed apartments. My second thought is, that a
corollary to all of this is the reverse direction. And I am personally interested in this, so forgive me,
we are looking now to giving people the opportunity to reside in Business districts, there is near my
property, a property that has been zoned for three-family, which is now supposedly going business. So
we don't want to take away at the same time that we are giving. I think that those things that have
been used traditionally residentially should stay that way. And yes, let's get some more affordable
housing. Thank-you.
SUPERVISOR HORTON: Thank-you. Are there other comments from the floor?
ALICE HUSSIE: Alice Hussie, Southold. Everything that I have said before for General Business
applies now. But MR. Tillman brought up a question about multiple dwellings, and as I recall a
multiple dwelling is more than three units? Anybody?.
SUPERVISOR HORTON: That is correct.
MS. HUSSIE: Okay.
SUPERVISOR HORTON: Of a certain square footage and I don't have the definition on hand.
MS. HUSSIE: Well, actually, this is because John mentioned something about maintaining the
integrity of the Business District and you didn't want multiple dwellings in the Business District.
COUNCILMAN ROMANELLI: No, they asked how many apartments that you could have in one
structure. And we didn't want to take a business in the Hamlet Business section and turn it into strictly
a housing center. We even have limitations on how much, I think it is 40% of the structure could be
used for accessory use, so 60% would have to stay in the commercial use.
MS. HUSSIE: Okay but underlined in your Hamlet Business is the addition to the things that you are
allowed is multiple dwellings. So therefore, am I to deduce that multiple dwellings will be allowed to
be built in the hamlet business area?
March 1I, 2003 7
Public Hearing-Hamlet Business
SUPERVISOR HORTON: Yes. That was always in.
MS. HUSSIE: No, it wasn't always in because it was just added.
SUPERVISOR HORTON: It was moved from the special exception category into as-of-right. So as
opposed to having to go to the Zoning Board of Appeals, again that red tape that you were trying to cut
moments ago has been done so by John Romanelli.
MS. HUSSIE: Oh, dear. Hanged by own petard. Thank-you.
SUPERVISOR HORTON: It is not often. Are there other comments from the floor?
TOM MCCARTHY: Aga'm, the same comments as before in the General Business district. And as
Alice brought up and Mr. Tillman brought up about the number of units, perhaps there is something
that we can build into the mix that you are allowed to have three per structure unless you have a larger
structure and then you could do an additional unit for every 1000 or 1200 or 1500 square feet of
bus'mess space that you may have so that your rule would look at larger buildings and say, yes, they
can accommodate more apartments because I firmly believe that this is a good code but there are going
to be some real issues and some real costs when it comes to getting these approvals through the Suffolk
County Health Department. And the costs that are involved may or may not make sense for some
people that this law applies to, it may apply to them on a local level and they may get held up at the
Health Department. But if you have a larger structure, that could perhaps physically accommodate it, I
would suggest that we may bring some sort of a mix into the code that says that you are allowed three
unless your building is of X square feet and then perhaps you are entitled to another one for every so
many square feet you have in excess of that and perhaps that may make it a little more palatable in
order to spend a great deal of money that it may take in order to get the Health Department permit.
Thank-you.
SUPERVISOR HORTON: Thanks, Tom. Would anybody else care to address the Town Board?
DANIELLE CARDINALE: Danielle Cardinale, Mattituck. I just have a question back on what Mr.
McCarthy is saying, is that he is talking about three accessory or also having a multiple dwelling being
three. Is that three per structure, so if you say, have a shop and you have three apartments in that
building, can you then build another building on that same piece of property with three more? Is there
a limit to these properties that only three per property? And if so, does that, like you were saying
increase ....
COUNCILMAN ROMANELLI: The way that it is written now, it says that there should be no more
than three apartments created or maintained in any single structure.
MS. CARDINALE: Okay, good. That is what I was hoping.
SUPERVISOR HORTON: Thank-you. Would anyone else care to address the Town Board on this
public heating?
March I 1, 2003 8
Public Hearing-Hamlet Business
COUNCILMAN ROMANELLI: Those three apartments created or maintained in any single structure,
but it has to be the principal structure. But we have to work on defining the principal structure. It has
to be, those three apartments can only be in the principal structure.
SUPERVISOR HORTON: Are there other comments from the floor?
ART TILLMAN: Art Tillman, Mattituck. One thing that I should have mentioned before and perhaps
for the public, we don't think about this too much but a number of years ago there was a crime or some
incident on Love Lane in Mattituck at night and talking to the old-timers there in the coffee shop, they
were saying that only one fatnily lives on Love Lane between Route 25 and Pike Street, which is k'md
of amazing because it appears to be very busy but come night time, there is nobody there. So, when
you do put people there, in effect, I would assume a neighborhood watch, not that we have a crime
problem. But I think that it would help. Thank-you.
SUPERVISOR HORTON: It would add a sense of security. Would anyone else care to address the
Town Board?
CRAIG ARM: Craig Arm, Southold. One th'mg, which was brought up by Ms. Cardinale and also
Tom McCarthy, the possibility of instead of even wording it, you know, three per principal dwelling is
if you stick with the 60/40 rule. In one sense, the overall property would still fall within the same
realms which I believe that you are trying to achieve, so that might be something to try and shoot for.
SUPERVISOR HORTON: That is actually a very good point, thank-you. Would anybody else care to
address the Town Board? (No response) Well, we will close this public heating, I want to thank-you
all for coming out, I think there has been a lot of very important input and all of which the Town Board
will consider.
Southold Town Clerk