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HomeMy WebLinkAboutOriginal Zoning Ordinance & Am.l.~a[ Les No ......... .1.1 .............................................. of the yemr ].9 03 A I~_al law tg..p~:~'.Jde..fo.~:..r.elief..fr, am..bulk..r.equir, em~nLs..of..Zo~ing.Co~ ................................... Be it cna ted by the ................................ ..T...o...w...n.....B..p.a...r.~l ............ [. .............................................................. of the ..... So.~hold .................................................................................................................. as follows: Article I of Chapter 100 of the $outhold Town Code (Zoning) is hereby amended by adding a new section thereto to be section 100-31A to read as follows: Section 100-31A - Relief from Bulk and Parking Requirements (1) Findings (a) On May 16, 1983, the Town Board enacted Local Law No. 7 ~hich increased the minimum area, width, depth and yard requirements of lots located in the A Residential and Agricultural D!stricts, as of its effective date of May 20, 1983. (b) On August 9, 1983, the Town Board enacted Local Law No. ?, 1983, which excepted certain subdivision maps from the lot area, width, depth and yard requirements specified in said Local Law No. 7, 1983. (c) The Town Board has now ascertained that there exists many owners of land who had expended time and money in the preparation of subdivision maps conforming to the zoning requirements in effect prior to May 20, 1983, but due to circumstances beyond their control were unable to have such subdivision maps approved by the Planning Board prior to May 20, 1983. (d) That the Town Board finds that in such instances, it would be inequitable to require such land owners to conform to the requirements established by Local Law No. 7, 1983, and that such owners should be given an opportunity to petition the Town Board to request that the provisions of the Bulk and Parking Schedule in effect prior to May 20, 1983 shall apply to the subdivision described in said petition. ~"(lf -ddili,,i,al 5~ace is needed[ please II(ich sheets of the same aiz~ a~ this and I,,~,.,t, cr Page (2) Subdivision Maps Affected The provisions of this Section shall apply to the following subdivision maps: (a) Minor subdivision maps for which an application for s'~,etch plan approval was filed with the Planning Board pr!or to March 20, 1983. (b) Major subdivision maps for which an application for sketch plan approval was filed with the Planning Board prior to January 1, 1983. (3) Time of filincj Petitions Petitions for the relief provided for in this Sectlon shall be filed with the Town Clerk within six (6) months of the e~'fective date of this Local Law. (4) Contents of Petition The petition shall be verified by the owner of t%e property and shall set forth such facts as the petit:,cner c~eems appro3*;ate to indicate that the petitioner had filed an application for sketch plan approval of the subdivision map involved; that petitioner thereafter diligently and in good faith prosecuted such application; that final approval of said subdivision map was not grafted by the ?Ianning Board prior to May 20, 1983, due to circumstances beyond the control of the petitioner. (5) Procedu res (a) (b) (c) Upon the receipt of a petition, the Town Board shall refer the same to the Planning Board, and the Suffolk County Planning Commission (if required by Article XlII of the Suffolk County Charter) for their written recommendations. Upon receipt of the written recommendations of the aforesaid plannirig agencies, the Town Board shall hold a public hearing on said petition upon not less than ten (10) days' written notice published in the official town newspapers. After such hearing, the Town Board shall take such action on such-petition as it deems appropriate. (6) Fees Every petition for relief provided for in this Section shall be filed with the Town Clerk and shall be accompanied by a fee of one hundred ($100.) dollars. This Local Law shall take effect immediately. -2- Ill*' i,,Jrul~r,qlh was duly i,d-s,',l h¥ Lhe Town Board iii ac,'lll',l,ul, u' '.v~lh tlu: alq,lil'ahl,' lir,,I, isu)a:s L,f lliv,. 33. tl'u-'..t¢,' I,x h.'.l h'gi.l,,ti'.e h.,l~, wiLh .Iqlro','ul ur [m di>iqq,ro~al I,) I'.]m.ti~e (.hiuf I';~,,.,.uLi'~c (Jfflcer ,* ,ir rpIHl-.:-,itg,' afler di~i, pproval.) t h,.r~.h., , ,.rLil'~ kh;,t thP local law .nnex,,d I.?reL.. deslg~La~ed a:. I.caL I.w ~j ................ uf 19 ...... t ily t,l' . ....... ~ ;lla~,, the ................... wa~s da]y passrd Ily tile ............. not dinappmvt.:d ..... ~9 and wa~ approved by the repassed ~rter ,li.~al,p]'o~al Lltrtl~t Chief E;keCUllV~ t~fite[ * ti' if, al ml,,Idil,[t I,) rcl'ur,'[tdum.) I h,q,'h'y, t.[.lir} dial lilt. ]oCllj jdW [illtll'xel] jmrt,hl. ,jlt:~iF~ll;th~d ~ jljt,?d jaw NIl. \ ill:It,,. ;h,.rt.,.u .t] Ih,' ~1,~'( t.d ch.clion held tm ......... t',~hl,' l,r,,vi:-iur, s of law. ...... ,,l' 1.9 .......... Iq alnl was al,l,]'t,v~d 1,)' Ih" i';-,i,asst.,I ;d'tl.[' ,li.-,,q,l,l,,,. ,ti Il,, h.. I I.t,-f ~l:al=t,,t.~. Iltfiter ' ........... 19 .... Such h. al law ~vas stil,a,itl~d to d.. pecq,le },y reason of a ~, I',.~,..,hJn~,.u,,J n-,,.ixcd d.' ,d'gie.,.ui~e vol,, ,,[ ,z ,i~.,j*,t',t5 ,,f d,~- q,,dh[io,I *'l,'¢tor~ voling g,'u,'[ ,ti' .. 19 , m ac, ~,t,l.,m e Mdx the al)pti- ('s.hjc¢! ti, i..rmi.-,:~ive refereadm.,a[td fi[mi udopli,m Ip. qt~ttumo ilo vtdid petition r,-fere.dan[.) I h,,r,.Iq, ,-criify Iha! the local law allnexed lit-ri!to, desigllllled a.,-; hual lo'* rS,).. ,,f Iht' t'H~ filed requea, tlng ....... ,.,f 19 .......... ................ was duly pas~ed L,y dm ...................... ..... un fltll dj... al,i)[', ,,.~.d Il). iellj w;l~ itj)jJrllVl,d IJ~ It[I. .... IHT rclmSS~.d ,Lrh'r ,Ii ',.q,l,t,,x d ...... . ,,. i I ......... ,', .... .... I" . NUr]l ]t,t'al ].tv~ xdhl i,,'l~lh,u t, ,Ira" IH~g ~.lnch r,'h'vcmlum having I,~.cu fi],',l, ~aid h,, :,' Page 2 ,,f tl~, qdal;i],',l , h, h,~:, ,,t C()LIILI) Of . ................................ ~T;LI¢ ol New ~t,k. havl[~ b~¢n sL,l)milt~d I,~ thc l(lCCtO~ G¢o¢]'21 EkdLott of Noxu'mb~r .......... 19 .......... pursLL;u~t tO subdivisions ¢ ,md ? of ScCLTOn ~ 01' thc Muni- cipal [Iol.C ~tllC Law, dnd having rcgcivctl thc ;ll't'iflllJIl~c ~(~1~ el' a majordy ol' thc' qttahtScd dccto~ cilie~ o1' ~attl k'Odllty ,t, a unL[ utttl Of .L nlajolity of thc qLulificd clcct,,rs el' thc Io%~lls of saki consi,lcrctl as J traiL voting at said gcncral dcctiolh bs'¢am~' t~pcrativc. (If aiL) othcr u.th.rizcd form or fia. I ud.pti.a has hi,ch f.lh~.d, [,h.a5,. pr.vide a. certif.'.tttoa.) ~ I [.nh,.r ~,.rtify that ] have~o.q,ared tht:pr,:ct-dihg l.,'al I.t;s ;~iLh th,.t,right,d ,,[~ [tie in this off,ce and that lJic sa.,e i.. a co~ect transcript ther,~rrom a.d ur thc w)Lob, of ..eh uriglhh} ~,~c,l~ 'a% and was finaLly adort*~d i. Ibp man.er indicatM in paragraph ....... 1 ......... a~w-. October 5, 1983 Judith T. Terry, Town C!erk (CerLificutiu. tu bt: e~.ucutud hy Cuu.ty Atturnu)', CorpuraLIon l:na.~-d, 'J'owlt Mt.rhea,. ~.lJluge AtU,rney or other aath.rized Attnr~ey of locality.) st,m: u.' n -:w (:L)hN'i ',' dl" SU.FEOL. K .................... I, ti,,. ,.~,1, r~.ig.~.,I. Ix,-rL.l,y ccrh[¥ iltu! the furrgoing h.'d law (c,[tt,4.n Ih,- (i,Fl','t I t,.&t Ulhl that all i~r,q,L,r i,r,. ,,~.diitg.. ltavt' Jmcn had or taken [.r tile ,~naclm,'.t t,r II~e h,(al h,w n.,..x,-,I h6rrth. October 5, 1983 iI'lc.Jse l;w lhl~ l'lilll] for I'ihnA ¥1)LIr I.ocal Law wilh Ihe S¢cr¢lury A I~,:al law !.~.~.e~a.~!~.~..~.~.~{~..~..n~.~.y.'a`.[~...r.~.q~j~r~.~.~t~.~f~.~[s.~.§~subd~.ujs~n~ma~ approved prior to May 20, 1983 Be it enacted by the ................ ~'~,Old/l'll.,[~)aJ':.d ........................... ~ ............................................................... 0 ~ the ~X 0[ I I S°~th°{gI........................................................................... a Sfollows: To~u Chapter 100 of the Southold Town Code (Zoning) is hereby amended as follows: Section 100 31 B(1) thereof is hereby amended to read as follows: II. [1) All lots shown on Major and Minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1983. This Local Law ;hall take effect immediately. Ilar(If ,Jddi[hmal space is neededI please attsch sheets of the same ~iz~ a5 [his and .orhLit?r Page ,h'~iF,,,,L* d,,-I,,, ,,L I.,',~ \ .... 10 .. duly p,l~l'd I,y Lhe Town Board m',-i,rd,,nce whh tile al,l,li, cji,[,, lir,,~is&,,,,~ ,,1-luw. iir rl'JiJJ~ii~l' ~[h,r J h, i',.J ~ ,',.1lily Ih;,t lira h~aJ J~w ~hll~Xi.d Jl,,rrhh 'le.~ibqhH mJ,J.~ L~ca[ I,,w ~ ....... ~[ [g ........ [ Il% ,,f d,. I,,~,, ,d' . ................. was duly pa~.d hy the ................ nol di~appr,~w.d ..... 19 and was approved repassed a[ler ..],,p h.d oh ................. 19 nmi v,,,- ,t,.,...',l ,ltd I,y ti.' . ... , in ,'wt ,~r,l.n, e '.sill, ti,,:, applic[~,ble ~ Il in.,I :ul,,I,li,m I,~ r,'leren(Jmn.) J h,.h I,, . ,.rlil'5 Il,al Ih(, I,.,cal l.iv. anJit.}.l~d h(!r,,t% ,l(,-.igi,ntt.,I .,~. h,t'al I~, N(,. . (,f 19 ...... l',,~,,~ "f . ................. was duly pas=ed by Iht. . ................... c,rt ........ [g ...... ~tli'Jl h)cal I~,~v ~,a~ ~t,J,tuitlc,{ ~,~ thy pc.pie Lv [en.~on of a i, (, [,.h,hlm, ,m,J rt., ,.iv,'d IJll' .fflrm.ttive ~,,h' ,,[ . .t~b,t'tt5 ,4' il,,- ,l,~.hfL,.,I ,-h., h,rs ~oling I''rh,i''i'.' Ih,'r,'i,n ..I Ih,' >l,~'ci,,I t'JCf'iiLm hVJd On ............. 19 . i'l :'.~ ,,I,L,W t' ~ill{ die ,,I,l,ii- caL,l'' l,r,,~ i>ior, s ,,l' 4 ISuhj,.t~l t(, {),.rmi..-,Mvo ro{'~rondmn,luid finuJ adopli,m I,oeau,~,~ .u v~di,I pt. liti,,n [ih'd r,,qum, ting J J.-I',.b~ , ('rtif'~ IJial IJle local Jaw illlllt!h, utJ h(,rt'lo, ,Ji~aiglhHe,J ,~. lin .J I,tw N,,. (,[ 19 ...... ,,I ~h,' I,,~,, ,,I ............. wa~i duly passed I,y tim . ....... ~,n \ dl,~ .,, J f Ii .Itl Nui'J, Jtu'.l 1.1~ I.'inl4 .n,lJ,},., t h, t },, ,,~., ~..,: ,, i, ,, ,,.h,m ,u,,I m, Pace 2 L;,:nCL,d I I.',:h,m ,il N,)',,'IIti3c[ ....... IL;' .......... pLIrSlL IIII iL) subdlvisi'~)ll:', ~ aim '70I .qt.'Cin)n .]3 o1' lhe Muni- {Ir dLI.S (,Lh,'r ,mLlmri/i'd form or fln,LI a(h)l~Li,m ha:. been foll,,wcd, I,l,'a:.(' I)r.','ifh? ~.a upproprialo ~ I f.l~h,.r , ,'ltd'y IhaL I ha'.c ~..q,ared Lhl. pr,-ccdi.g Ill, al I.,~. ~ill, It==' ,,fit-;il.d ,,. rd. in thi= office and lhat thc s.~mc i , a ~'urrect tram:, ript therefrmu and .f iht. whoh' rlf .,,, h ~lriFir,.I h,r ,il Inv., and was rin.lly a,l,,pn-d i. dl. nhtnrler indi~ au,d in paragraph .... October 5, 1983 C~z~l u~a Counl¥ Io~l~tlv¢ ii. dy, City. Tow~ OI~LL~4~I Cl~llk O! Judith T. Terry, Town Clerk ~S~ (CcrLificutiou to be uxocuL.~d hy Cuurtly A!.t.rzioy. Corlmratlon fhlutl-~.l. 'ro...n Altf]lrn.,,. ~, Illuge .\LLurne¥ or oLlit, r ituth(,rizod Altt)rnoy or ]oeu~lty.) S'I'A I'1.: Ut-' NI:;', YOIII( COt. ,I Y O1:. SUFFOLK .................. L, Il,,. u..I, I.,t~;.,',10 h,'.'by t-crlify thai tim f,.,t'eg, lil,g tm'al law ( ,mi,H,,'. t),, , .rr,., t h'~.t ,,n,I II,at all i,r,,i,,,i i,r,,, , m]ing's have' I~.l.n had r~r taken f.r the ,"ual'lnll.nt of the h,cal I.w aim,-~.,',l October 5, 1983 .R. 9.b.er~ .~:. T~.s~.e.r.,. ]l'.q~?o. A~t tq,TOgy ........ (~JOk of Southold Page 3 (Please Usc this Form for Filing your Local Law wilh lite $,~cr~:lary of Slate} Text of law ~lt.uld he given aa amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. of ............. t..h..?!..d. .......................................................................................... Local Law No. 9 ol' tl~ year 19 83 A lo.cai law to amend .~.hap~,er ]01~ .f Z,Q~.i,o.g3...in..~..alaLio.n...ta.,,~.r.~_a .and..Yard..R.agulaLio~n$ ...... Be it enacted by the ........ ..T...o...w...n...,.B...o...a..r...d. ........................................ : ............................................................ of the ~l:~/x Southold To~ of ............................................................................... as follows: Chapter ~00 of Lhe Southold Town Code is hereby amended as follows: I. Section 100-31 thereof is hereby amended to read as follows: Section 100-31 - Bulk and Parking Requirements No building or premises shall be used and no building or part thereof shall be erected or altered in the A Residential and Agricultural District unless the same conforms to the f~llowing Bulk and Parking requirements, to wit: A. In the case of a lot. held in single and separate ownership prior to November 23, 1971 and thereafter, with an area of less than forty thousand (q0,000 sq.ft.} square feet, a single family dwelling may be constructed thereon, provided that the requirements of Column A of the Bulk and Parking Schedule incoYportaed into this chapter are complied with. B. The Bulk and Parking requirements for single family dwellings as set forth in Column A-40 of the Bulk and Parking Schedule incorporated into this chapter shall apply to thc following lots, to wi'- t l) All lots shown on Maior and Minor subdivisinn maps which were granted final approval by the Planning Board subsequent to November 23, 1971 and prior [o May 20, 1983. (2) All lots shown on Major subdivision maps upon which the Planning Board has held a hearing for 'preliminary map · pproval prior to May 20, 1983. ~[/'~(1[ additional space is needed! please attach sheets ol ~he same ~i~ as this and number each)~ l~age 1 (~) All lots shown on Minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4) All lots setoi~f or created by app,oval of the Planning Board subsequent to November 23, 1971 and prior to May 20, 1983. C. The Bulk and Parking requirements for single family dwellings set forth in Column A 80 of the Bulk and Parking Schedule incorporated into this chapter shall apply to the 1ollowing lots, to wit: (2) (3) All lots showrl on Minor subdivision maps which have been granted sketch plan approval by the Planning Board o,~ or after May 20, 1983. All lots shown on Major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. All lots setoff or created by approval of the Planning Board on or after May 20, 1983. The Bdlk and Parking requirements for two family dwellings set forth in Column A-lb0 of the Bulk and Parking Schedule incorl)orated into this chapter shall apply to the following Io[s, to wit: (1) All I,ts shown on Minor subdivision maps which have been granted skeLch plan approval by the Planning Board on or aftu, May 20, 1983. (2) All lots shown on Maj,~. subdivi.sion maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (3) All lots setoff or created by approval of the Planning Board on or after May 20, 1983. II. Section 100 34 thereof is repealed. -2- III. The "Bulk arid Parking Schedule" applicable to the "A" Residential and Agricultural Districts is amended to read as follows, to wit: BULK AND PARKING SCHEDULE A RESIDENCE DISTRICT Minimum Requirements Total lot area (sq_ft. Lot width (ft.) LoL depth (ft.) Front yard (ft.I One side yard (f j Both side yards (ft.) Rear yard (ft_) Livable floor area (sq.ft. per dwelling unit Off street parking spaces per dwelling unit Maxirnum Pernli l lu'd Lot coverage (percertt) building J eight Numbm of stories Feet TWO FAMILY SINGLE FAMILY DWELLINGS DWELLINGS A 8O A.160 A A q0 LIIJ, 000 35 50 10 15 25 35 35 50 850 850 2 2 20 20 21 21 35 35 8o, oon 175 250 60 20 ~5 75 850 20 160,000 270 400 6O 30 5O 75 850 2O 2., IV. This Local Law shall take effect immediately. -3- (('.aqdch, 0.. rt.rtlficnti.n ill Ill(' purugraph u, hich iipplicb Lo tim [lliag of tlLi~ Ira:iLl lilt. itlld strike au! tit(- mutter therein ~lli~'ls i:. n.I applicahh!.) (l:]ual ,.Iai,tiaa Iq, h-'.l legiM.dise hods, o.l~..) I h~.r~d,y ccrloy thai the hmal law a. tmcx~d h.rclo, ~ ,xxx o~ ~lu. ' ~ .fS.0uthold ........ was duly pa~s~,d lJy the ..T.~.O..Bo~r.~ .............................. ~x on.... ~gus~ 9 .... t9 83 in accordance ~i~h the alq,li~'aUle provisions ~,( I~. 2. (Pa~.'.uge IL', hn'M h~giMative hods, with upprowl or nq di~appruvel h~ I':loc~i~o Chief E~uouti~. Officer,* or repl~s~ag~ Mtor di~upprovul,) I ]..rehy c.rtify that th~ local law annexed beret% desi~mated as l,~cat 1;~r No .................... o~ 19 ........ ~OUlLLV of the Towu of ....................................was duly passed hy the ........................................................................... Village not disapproved on ...................................... 19 ........ and was approved by the .................................................... and was dcen.~d duly ad.pted on .................................................. 19 ......... in accm'damae with the applicable provisi~m5 of laxv. 3. (Final adaptim~ I,) referendum.) I her,,Iq.~-ertify Ihat the local law annexed hereto, designated a~ local law No ................. of 19 ......... Cmmty City of ............................. was duly pas~ed t ~ the not disapproved on ............. 19 ..... and was approved hy the ................................................ on ..................................... tg. ........ Such total luw wa~ submitted to the peopte by reason of a permi~siw, r~,l',-t~.ntlum,aud rm'eived the affirmative vole of a majority .f I],t. qualiFb, d electors voting theft-tut al tit,, ecial election held on ....................................... 19 ......, in accordance ~ith the apldi- cat,lo proviMons of law. (Sul)icct Lo i)'.'rmi-.,.-.ivo roforoaduln.alld {insu u. doplion hecu. u.e no VLx[id petition filed roo, ueMing referendum.) Ihcreby certify that the local law aanexed hercto, de'dgnated as h.c,d I..w N. .............. of 19 ........ City ~f ihe T.~n ~ff ....................... wa~ du~y pa~ed by the. ................................................ ~n not dis aplm~Ved ............... 19 ...... and was approved t,) th,. ...... ..... * ~ eElecttve Chk:f Execulive Officer mos. al u! bldudel I~e Cll~( eleo~tlwl of[lc, er o! a ~:ounty ch.-clad un a courtly-wide buls or. ~' Ihe~'e be noPe. tl~, chlh~l.q el' Ihl 0o~ery I~,~ltJ~ body. LIN n~yor of a city or v[Uapc cig tho lupcr~[aor o1' ii town, where such officer i~ ~,~ltod wllh powf~r lo approve ~ ~to .,~a~ ¼~1 or ordU~ce,. Page 2 {l['otlllly h~cal law c,)n~.ernin$ adupliun t)l' t'harler.l I hereby cetlH'y that th: Loc,d I.,w all]lcxctl h~rcto, dc~igfiatcd a. I Deal I.aw Nt, ..... t)[' 19 .......t~thc Cotllity of ......................................... State uf New Ytuk, haviug bccn ~ubmi[tcd t,~ thc Electo~ at the General Election of November .......... L9 ...........pursu.u~t tq subdwisions 5 and 7 of Section 33 of the Muni- cipal ilo,ne Rule t.a,~, and having received tl~c afl'iruT.d,x~ vote ol' a ma~orlt) of thc quahficd electom of the cities of said COLLnty a> d UnLL aJlt[ of a majority .f the qualified electors ol' thc IO~llS t)f said COtLJlly considered as :l unit volillg at said general clecticm, became (If any other a.th.rized form o[ fhml adoption has heen eerti[ication.) ~ I fresher certify that I have compared the preet.ding lo~al Idw ~ith thc: .rigin. I -n file in this office and that the same is a co~ect transcri0t therefro~n and of thtt whole of ~urh .fiVin.I h,cal law, and was fiRally adnptod in the mnnnet indicated in paragraph ....... Date: August 10, 1983 Judith T. Terry, Town Clerk tS,.ab ((]crti[icatio. to bt- exocutcd hy Cuunt¥ tit' rney, Corlmre, tlon (]oun.~,.I. 'l'o'..n ~ll.rn,l). ¥111nge Attorney or other authurized Attorney o[ It~eallty.) STATE O1: NI]W YoFfl( coun'rv or .... ................... I, th~' un,l,,rnigm-d, h,:r,.by certify that the foregoing hwal law ctmt,u,,.. Il,,., ~,rlpt I Ipxl an,I that all pr.p,'r lir.o~pr]iLign hnvo I~.t.n hntl or taken for tile enactm,'at of Ihe h~cnl J,,w ann,-~,.,{ h,-r, In. Date: August 10, 1983 ~ x~x ,,r SounDed (Plea~ Use IhJ~ Form fur Filing your Local I-~w with-thc Secretary of Sidle) Text uf law should i~¢ ~Jven as amended. Do not Jnch~d¢ ll~aLLer bctn~ eliminated lind do iIt~t t~s¢ ilaltcs ut underlining to indicate uew matter. Southold 7 Local Law No ........................................................... of the year L9 8.? ....... . to amend the Bulk and Parking Schedule of the Zonincl Code A local taw ........................................................................................................................................................................... Town Board Be it enacted by the ........................................................................................................................................ of tl~e XC;~X Southold of ....................................... as follows: Town Section 1. The "Bulk and Parking Schedule" applicable Lo tl~e A Residential and Agricultural Districts is amended to read as follows, to wit: BULK AND PARKING SCHEDULE Minimum Requirements Total lot area (sq. ft.) Lot width (ft.) Lot depth (ft.) Front yard (ft.} One side yard (ft.) Both side yards (ft.) Rear yard (ft.) Livable floor area (sq. ft.) per dwelling unit Off-street parking spaces per dwelling unit Maximum Perlnitted Single- Family Dwelling B0,000 200 400 50 30 50 75 850 A Residence District Two- Family Dwelling ~ 60, o'oo 270 ~00 5O 30 50 75 85O 3 Lot coverage (percent) Building height: 2O 20 _ Number of stories 2-.1/2 2 Feet 35 35 Section 2. This Local Law shall take effect Immediately. additional space is neededI please attach sheets of the same size as this and narnbet each)~ , " C C (( mul,h'tc Lb],' ,*,-rti[iualion in the partt~raph *.**hi,'h up[,lic~ tn tho filh]~ t~f ti]i-local lex*,'* .xl]tJ >trik,' ,,ul the [natl,:r tlmr,'in *,'.laieh i~, fro! applicable.) L. (['imtl mlopti~m b:, hlcal legi,Mali~e h.d) only,.) [ hm',,i,y cerlit*'> Ihat the I~cat I~w mxnoxPd hm*~.t% ,h'~i~na]*.d ms ].~.M la%~ Xo ....... ~ ........ of l~ ..8.~ ~F Ihe ~'~ of Southold was dalv pas.sod[,~ the .................. Town Board ......................... x~ ~ oa ............ May 16 ............ 19 83.. in accordance with dm applicable pm~is[ons of law. (Pa,,~,age hy local legislative hody xxith apprnval ur no disapprnv;d hy Elective Chief Executive Officer or relm~age after disapproval.) I hereby certify thai dm local law annexed hereto, desi~atcdas local law N~ ................... ~f [9 ........ County City of the Tmva ~[ ..................................... was duly passedby the ............................................................................... Village not disapproved oa ................................................ 19 ........ and was approved by the ...................................................... repassed after disapproval [lecL[ve t,lnei ~:xecutiue OfIicer ' aad ~as deemed duly adopted on .................................................... 19 .........in accordance Mth thc applicable provisions r~[ law. '3. (I.'inal adoption h_v rcfereadum.) I Iner~lq,'certifythat the local law annexed hereto, designated as local law No ................... of 19 ......... Comxty of the (Sty or ...................................... was duly passed by th ................................................. ~' illagc not disapproved on ..................................... 19 ........ and was appmvml by ht ............. repassed after disapproval Elettiw t:~;~t ~',~,,t,~. C*rri~.~- ~m ............................................................ [9 ......... Sucll local law was submiJtcd to Lhe people by reastm of a iJermi~Mv,' refm'pndum,aml recoived thc a[rlrmalive vole ~,r a majority of the quali[i,~,l elec't,>rq voting general thcre,m at lite special election held on .................................................... 19 ...... in accordance x~itlt t},,~ appli- ,-able provisions of la~. (Subject to pcrmi~Mve referendum, referendum.) and final adoption beemme uo wdid petition filed requesting I horeby certify that tile local law annex'ed hereto, designated as local law No ................... of 19 .......... (~Ountv Cih- of tl,o 'l',,wn t,J' . ............................. '*vas duly passcd by the ........................................................................... on x.'illag~, not disapproved ........................................ 19 ........ and was apprilved by the. ...................................... : ........ on repassed aftor ,Ii sal,proval ~ let ~,v,. cM,.I [.,ecnt,~',., iii,t, r ~ ............................................ 19 ....... Sucil local la~ being sul,ioct to a permissive re[eton,lam and m~ valid I,,.lili~,n l'uqu,'SlilXg stxt'h referendaa~ having [,*.en fih',], said ]octal la~ x~:t:, dt.,.ml.d dui) ad,,i,h',l ,m ............................................................... 19 ...... , ia accordance ~xilh the appli,'nt,h' [,n,tisimls ,}l' leto. SElective Chief Executive Officer means or includ~ the chief executive officer of a county elected on a county-wide basis or, il' there be none. the chai~n~n of the county le~dative body, the mayor of a city or vilhtge or the iupervis~r of a where such officer is ve~led with power to approve or veto local law~ or ordinanc~m. Page 2 5. (CiL) I..:M la~ com:ernia[: ('h,~rtt'r r..,,iMon pre.prised hy petition.) I h..r,,t,,~ ,.~..li f.. r ha; Lh, h,, :,', ! ~v, .,n, .:,- I 1.,;,-In, ,1~, :[gnat~,d as Io~'M ]asv No .................. o[[9 ........ of Hu' (:[Ly u)( ............................................. '.~.~'t,~ been 5nl,[n[Lh:d t~ referendum pursuant to the provi~i.m~ of ~ 37 .1' k,i .;t d~'l,.dl' ..,~'l{ut,:J,a~,,m,I ~.~x{ng r~c~iv~d the a[[[rmativo vote o~ a majority . - special of th,~ qua[flied elector., of such c[ty -,'ottn~ thereon at tfe election held o~ ................................. ............. t9 ............ became operative. 6. (~Otlltly local law concerning adoplim~ ofCharter. I I hereby certil'y that thc local L~v atmexcd hereto, design:Hod as Local Law No ....... of 19 ...... of Lite COLm[5 Of . ....................................... St:tlc of ~cw York, ha~in~ bcce submitted to thc Electo~ at the General Elcctioe of November ........... t9 ...........pUrSLt:mt to subdivisions S and 7 o1' S~cdon 33 o1' the Muni- cipal [ionic Rule L~,and h~vin~ received thc al'l]rllhtHvc vot~ ol' 3 majority of thc qt~LtllfiRd Clccto~ ot' the cities o[ said COLIII[)t LiS J tlllJt and gl' a tBajt)rJty o[' thc qualil'ied ejectors oJ' thc towJJs o[ said COLtllty considered as a tlllit voLjlig at said gCllcra[ cJcctiOll, botanic operative. (1[ an) other authorized [oral et [iaa[ aduption has been h,llowed, please provide an appropriate certi[ication.~ ~ I [unher certify that I have compared the precediag local [aw with the original on rite in this office and that the same is a co~ecttranscrlpt therefrom andorthe M~ole o[such original local law. and was finally adopted in the manner indicated in paragraph ....... ~ .................. above. C~e~ of t~e County l¢8~slative body, City, Tow'~ ~lllJ~l C~Ik or May 17, 1983 Judith T. Terry Town Clerk (Seal) (Certification to be executed by County Attorne), Corporation Counsel, Town Attorney, Village Attarney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF .....SUEEOLK ......................... l, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have b~en had or taken for the enactment .f the local law annexed hereto. ' ...... . . · .R. ?.by.r.t..W... ?.a.s.k.e.r.,..T.o.w.p..A.t.tg.rg.ey' - Title Date: County May 17. 10ti3 City o£ ............................................................... Village Page 3 NOTICE OF AMENDMENTS TO TOWN ORDINANCE AMENDMENT NO. 96 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk,County, New York, held on the 29th day of May, 1973, the Town Board cnacted the following amendments to the Town ordinance entitled "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Map forming a part thereof as follows to wit: I. By amending Article III, Section 300B by repealing subdivision. 14 thereof. II. By amending Article /II, Section 300C by adding a new subdivision thereto to be subdivision 7 to read as follows: 7. Yard sales, attic sales, garage sales, auction sales or similar type sales of personal property owned by the occupant of the premises and located ~hereon, subject to the following requirements: (a) Not more than one such s~le shall be conducted Iii. read as on any lot in any one calendar year. (b) Adequaee supervised parkfng facilities shall be provided. (c) NO signs, except one on-premises sign not large~ than 3 feet by 4 feet in size, displayed for a period of not longer khan one week immediately prior tc the day of such sale, shall be permitted. (d) That a pa=mit be obtained therefor from the Building Inspector upon the payment of a fee of $15.00 By amending Article III, Section 300C, subdivision 5 to follows: 5. Horses and domestic animals other than household pets shall not be housed within 50 feet of any lot line. Housing for flocks of more than 25 fowl shall not be constructed within 50 feet o~ a~Y line. Legal Notice Page 2 IV. By amending Article III, Section 303, to read as SECTION 303 - ESTABLISHED FRONT YARD SETBACK - Where property in the vicinity is improved with permanent dwelling:~ with a front yard area of less than that required by the provisions of this ordinance, the front yard setback shall be the average setback of the existing dwellings within 300 feet of the proposed dwelling, on the same side of the street, within the same block, and the same use district. V. By amending Article III, Sec=ion 305 subdivision read as follows: (a) When located in the front yard, property line, the same shall not exceed four (4) feet height. VI. By amending Article III, Section 305 by repealing subdivision (d) thereof. VII, By amending Article III by adding a new to be Section 306 to read as follows: VIII. read as (a) to along front yard in section thereto, SECTION 306 - SUBSTANDARD LOTS in the "A" District, in the case of a lot held in single and separate ownership on the effective date of this ordinance and thereafter with an area and/or width of less than the requirements of this ordinance, a single family dwelling may be constructed thereon with side yard requirements reduced by 25%, provided tha~ all other yar~ requirements are complied with. By amending Article VI, Section 602, subdivision 7 to follows= 7. Parking shall be provided in offstreet paved parkin¢ areas which shall provide for one (1) parking space, three hundred fifty (350) square feet in area, for each one hundr (100) square feet of sales area or office floor area in eac building. Legal Notice Page 3 iX. By amending Article XIV by adding a new section, section 1402 to read as follows: to be SECTION 1402 - CLUSTER DEVELOPMENT - The Planning Board may approve Cluster Developments for one-family detached dwellings in an A Residential and Agricultural District according to the procedure and requirements specified below. The purpose of such development is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open space. 1. The maximum number of single-family lots that may be approved in a Cluster Development shall be computed by subtracting from the total gross area a fixed percentage of 20% of said area, and dividing the remaining 80% of the area by 40,000 square feet. (a) In computing the maximum number of lots that may be created, any lands which are subject to flooding ' or which are occupied by public utility easements in such a manner as to prevent their use and development, shall not be considered part of the total gross area. In a Cluster Development, lot area, width, depth, front yard, rear yard, and side yards shall not be reduced by more than 50% of the minimum requirements se= forth in :he Bulk and Parking Schedule. 2. The area of a Cluster Development shall be in single ownership or under unified control. 3. Prior to the issuance of a building permit in a Cluster Development a Site Plan shall be submitted to and approved by the Planning Board in accordance with Article XIV of ~h£s ordinance and the following conditions: Legal Notice Page 4 (a) Said Site Plan shall include areas within which structures may be located, the height and spacing of buildings, open space and their landscaping, off-street open and enclosed (if any) parking spaces, and streets, d~iveways, and any other physical features relevant to the proposed plan, and (b) Said Site Plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions, and 4. Nothing contained in this ordinance shall relier the owner or his agent, or the developer of a proposed Cluster Development from receiving Subdivision Plat Approval in accordance with the Town Subdivision Regulations. In approving the Final Plat for a Cluster Development the Planning Board may modify the acreage requirement for recreation areas as set forth in the Town's rules governing subdivision review provided that the common land dedicated meets all other requirements of the Town Subdivision Regulations. 5. A Cluster Development shall be organized as one of the following: (i) A Homes'Association approved by the Federal Housing Administration for mortgage insurance as a "~lanned-Unit Development", and the Tow~ Board; or (2) A Homes Association approved by the Town Attorney and Town Board; or (3) Any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this ordinance. Whenever a Homes Association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of. said Homes Association, and to require whatever conditions deemed Legal Notice Page 5 necessary to insure that the intent and purpose of this ordinance is carried out. In consideration of said approval, the Town Board shall, in part, require the Cluster Development to meet the following conditions: (a) The Homes Association shall be established as an incorporated non-profit organization operating under recorded land agreements through which each lot owner (and any succeeding owner) ~is automatically a member, and each lot is automatically subject to A charge for a proportionate share of the expenses for the organization's activities. (b) Title to all common property shall be placed in the Homes Association, or definite and acceptable assurance shall be given that if automatically will be so placed within a reasonable period of time. (c) Each lot owner shall have equal voting rights in the Association and shall have the right to the use and enjoyment of the common property. (d) Once established, all responsibility for operation and maintenance, of the common land and facilities shall lie with the Homes Association. (e) Dedication of all common areas shall be recorded directly on the subdivision Plat, or by reference on the Plat to a dedication in a separately recorded document, Resubdivision of such areas is prohibited. The dedioa~£on shall~ (i) Save the title to the common property to the Homes Association free of any cloud of implied public dedication; and (ii) Commit the developer to convey the areas to the Homes Association at an approved times; and (iii) Grant easement of enjoyment over =he Legal Notice Page 6 area to the lot owners; and (iv) Give to the Homes Association the right to borrow for improvements upon the security of the common areas; and (v) Give to it the right to suspend membership rights for non-payment of assessments or infraction of published rules. 6. Covenants shall be established, limiting all lots to one-family use and all co~on lands to open space us No structures may be erected on such common lands except as shown on the approved Site Plan. 7. Each deed to each lot sold shall include by reference all recorded declarations and other restrictions (including assessments and the provision for liens for non-payment of such), 8. The Homes Association shall be perpetual; shall purchase insurance; pay taxes; specify in its charter and by-laws an annual homeowner's fee; provision for assessments and p~ovide that all such charges become a lien on each property in favor of said Association. The Association shal have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in an court of competent Jurisdiction. 9. The developer shall assume all responsibilities as previously outlined for the Homes Association until a majority of the dwelling sites are sold at which time the Homes Association shall be automatically established. Legal Notice Page 7 10. Prior to Site Plan approval the developer shall file with the Town Board a performance bond to insure the proper installation of all required improvements, and a maintenance bond to insure the proper maintenance of all common lands until the ~Iomes Association is established. The amount and term of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution, and surety shall be approved by the Town Board. X. By amending the Bulk and Parking Schedule of said ordinance applicable to "A" Residential Districts by repealing columns B in said schedule. XI. By amending the Bulk and Parking Schedule of said ordinance by increasing the lot width applicable to single family dwellings in the "A" Residential Districts from 135 feet to 150 feet. Dated: May 30, 1973 · SOUTHOLD TOWN BOARD PLEASE PUBLISH ONCE, June 7, 1973, AND FORWARD THREE (3) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN BOARD, 16 SOUTH STREET, GREENPORT, NEW YORK. Copies mailed to the following on May 30, 1973: The Suffolk Weekly Times The Long Island Traveler-Mattituck Watchman Village of Greenport Town of Shelter Island Village of Dering Harbor Town of Riverhead Town of East Hampton Town of Southampton New York State Park Commission Suffolk County Planning Commission (Please Use thio Form for Filing your Local Law with the Secretory o[ State) Text of law should be given as amended. Do not use brackets for matter to be eliminated and do not use italics for new matter. Town Local Law No ............... ..4. ........................................ of the year ]9 __..7..'.3... laws, ordinances and resolution of the Town of Southold. Be it enacted I~/the Town Board of the (N~a u~ Lemislmtive Body) ~ Southold of .............................................................................................................................................................. as follows: To~ §.,1-I. 'Legislative. Intent.· : "*'--" ,The l'ocal'.laws, ordinances and resolution of the To~ oE Sou thold re~erred to i~ § 1-2 of this Article shall be kno~ collectively as the "Code of the Town o£ .:$outholdr" hereafter temed the "Code,"'and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as- .provided and set forth in § 1-2 of this Article. · § 1-2',:"Distribut~n of l~cal laws, ordinances and resolutions. (Chapter, Title, Artic'let Section · .'§ 4-20 §.4-21 ,' § 4~22. Derivation Table · Old Number !' (Source) L.L. No..,1-1971 , Sec. 1."'! . Sec. 2 :. ~. No. 2-1971 · Sec. 1 ., Sec~ 3 * .: ,'.Sec.'~.4.~ '. Adoption Date 2-23-71 2-23-71 There was no Section 2 of this local law. (.Clmpter~ ~Tt, tle~..' ~' :. "" -' Old Numh~ Arcielo~ Bo~tion ,,. ., ~ ource Chapter'.p7i r - ... .... , ,'; Unnumberod '. 6-2%71 Adop ~lon Dnte § 97-28 .,' Sec. 280 § 97-29 Sec. 290 Article .§ 97-30 § 97-31 § 97-32 !i 97-33 :, Sec. 300 Sec, 310 See, 320 Sec, 330 Amended 7-31-73 by 1-1973 Chapter 100, Zoning , · ' "' A~tlcle' ~':',. § 'leo-lo ~ ~oo-11 ...". '' '-§ 100-12 .,'. ,.' § 100-13 ' ' ' ' Article Il § loo-2o § leo-al § 100-22 ' " § 100-23 ,.. Article ~l ' . loo-3o ,I 100-~l loo-32 .' 100-33 ,. loo-~, 1oo-35 1o0-3§ Unnumbered Ordinance Article Sec. 100 Article XVII Sec. 1700. .' Sec. 1702 Article I~ ~ee. Article Sec. 200 " Soc', 201. Sec. 202 Sec. 203 Article Sec. 300 Sec.'301' . Sec. 302 ,~cc. 303 Sec. 304 Sec. 305 Sec. 306 -10- 4-9-57! renuml,ored rind revi.sed In Jts', '' cnLtrety 11-23-71 lO1 Amended 7-31-73 .amended 7-31-73 Amended 5-29-73i 7-31-73 Amended 5-29-73 Amended 5-2q-73 A(l(Iod 5-29-73 (Complete the certification in the paragraph which applies to the filing of this local lsw and strike out the matter therein which is not applicable.) (Final adoplion by lo'cai legislative body only.) I. I hereby certify that the Ieee] law annexed hereto, designated as ]ocal law No..._..4. ............ of 19.7..'3... I~i~y ~ $outhold wa ...................................................................................... of the Town m ...................................... s duly passed by the Southold Town Board on ....... ,.S.~.p.~rv.l;?.~r..!.! ........ 19...~.~ in acco~ance with the applicable provisions of law. (Passage by local legislative body with approval or no disapproval by Elective Cb(cf Execntlv, Officer or repassage after disapproval.) 2. ! herebycertifythat the local law annexed hereto, desigeatedas local law No ..................... of 19 ........ County City of the Town of ...................................... was duly passed by ................................................................. ; .......................... Village (N,~.e al Legislative Body) not disapproved on ................................................ .19 ........ and was approved by the ...................................................... repassed after disapproval £1ective Chief Esecutivv Officer and was deemed duly adopted on .......................................................19 ....... , in accordance with the applicable provisions of law. (Final adoption by referendum,) 3. I hereby certifythat the local law annexed hereto, designated as local law No ................... of 19 .......... Count,/ City of ...................................... was duly passed by the .................................................................................... of the Town tn.~, of l.e~lml.ilve nody) Village not disapproved on ................................................... 19 ........ and was approved by the .............................................................. repassed after disapproval Elective Ch(el Executive Oil(c,, n 19 . Such local law was submitted to the people by reason of a mend. ate? referendum and received the affirmative vote of a maiority of the qualified electors voting permissive general .... thereon at the special election held on ...................................................... 19 ........ , in occordance with the appli- annual cable provisions of law. (Subject to permissive referendum and final adoption because no valid petition filed requesting refarendum.) 4. I hereby certify that the local .law annexed hereto, designuted as local ]aw No ................... of 19 .......... County City of the Town of ..................................... was duly passed by the ............................................................................... on (Name o! LaB(slat(ye nody) Village not disapproved ..................................................... 19 ........ and was approved by the ........................................................ on repassed after disapproval Elective Ch(et Executive Oflicer .............................................................. 19 ......... Such local law being subject to a permissive refereedum and no valid petition r~questing such referendum having been filed, said local law was deemed duly adopted on ..................................................................... 19 ........ in accordance with the applicalde 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 chairman of the board of supervisors, the mayor of a city or village or the supervisor of a town, where such officer is vested wilh power to approve or veto local laws or ordinances. -17- (City local la.' concerning Charter rev]~io~'-ProOosed by petiLion.) 5. I h~'reby certify that the local law annexed hereto, designated as local law No .....................of 19 ........ of the City of ........................................................................ having been submitted to r~ferendum pursuant to the provisions of 37 of the Municipal Home Itule Law and having received the affirmative vote of a maiority special of the r[ualificd electors of such city voting thereon at the general election held on the ................................. ................ 19 ............ became operative. (If an)' other authorized form of final adoption bas. been followed, please provide an appropriate certificslion.) 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 ....... 9.~. ............ above. Clerk el Ihe ~o~1~ ot Supervisor,, Cit~', Town or ~lage Clerk or Oflicer Albert W. l~ichmond, Town Clerk Date: September 11. 1973. (Seal) :: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney' or other aulharized Attorney' of locality.) STATE OF NEW YORK COUNTY OF ...S...U..~.~..O..~,..K.. ......................... I, the undersigned, hereby eertlfy that the J'oregoing local law contains the correct text and that all _ proper proceedings have been had or taken for the enactment of the local law annexed hereto. ~Tl,,. o~O~ti~e,) Robert W. Tasker, Town Attorne? o f .t..h...o. ................................... Town Dated: September 11, 1973 -18- RECEIVED SEP 1987 .... Attached are Zoning Ordinances from 1957 to 1971. I do have original copies of Zoning Maps to go with them, but just the one (1) original on each, no extra .copies._ You are welcome to look at them. If you would like copies, perhaps it_. :] ~.would be best to check with Rod Van Tuyl to see if he could i~upply prints _before we try photocopying from the originals/they are large scale, rolled up__ imaps that are rather fragile.) _ Please advise ............. - ............ 14 ......................... Betty Neville ............. James A. $chondebare, Esq. P. O. Box 1018 Southold, New York 11971 Southold Town Clerk Dear Mr. Schondel~are: I am writing in connection with yours of May 27, in particular paragraph three thereof. I suggest that the amendment might not be necessary since, under the definition of the word "building" in our zoning ordinance, the word "structure" is included as part of the definition. Very truly yours, Francis J. Yakaboski FJY/ir cc: Hon. J. T. TerryV/ MAY BUILDING 1966 .. j ZONE TOWN OF S©UTHOLD SUFFOLK COUNTY .; NEW 'YORK / .I ORD[NANCE 25c ' ' .. BUILDING ZONE ORDINANCE Town O,c Southold Sufio., Coun:-'y, New York An ordinance classifying, rcgulatlng and restricting '~he hclght, number of storics, size of buildings and other structures, thc pcrccntagc of lot that may be occupied, thc size of yards and other open spaces, tim density of population, the location and use of buildings, structures and land for trade, industry, residence and other purposes, (provided that such regulations shall apply to and affect only such part of thc town outside the limits o17 any incorporated village), establishing the boundaries of districts for said pur- poses so as to promote the health, saicty, morals ~nd general wc117are o17 the Town of SouthoId with reasonable consideration, among other things to the most desirable use for whici~ the land o~ each district may be adapted, the peculiar suitability for particular use of a district, thc conscrv:ztion of prop- erty values and the direction of buildin~ dcvclopmcn~ in accordance with a well considered plan and also to establish penalties for violation ok' these re;ulations as prescribed by thc s~atutc~. ., TABLE OF CONTENTS ' Short Title Section ARTICLE i Definitions ..................................... ARTICLE-II Districts ....................................... 200 ARTICLE III "A" Residential aud Agricultural District ........ 300 ARTICLE Ilia "IvI" ,'vlultiple Residence District ................ 350 ARTICLE IIIB "Mi" Multiple Rcsidcnce District ..... ; ...... 370 ARTICLE IV ' "B" Business District .. ' .......... i'\. ...... 400 ARTICLE IVA "B-I" Business District ................... ~\ ...... 420 ARTICLE IVB "I3-2" ]3USilmSS District ......................... 440 ARTICLE V "C" Industrial District .......................... 500 ARTICLE VI Tourist Camps, Camp Cottages and Trailers ..... '. 600 ARTICLE VII /xpplications and Permits ........................ 700 ARTICLE ~rlII Board of Appeals ............................... 800 ARTICLE }X Amendments ................................... 990 ARTICLE X General Provisions ............................. 1000 WHEREAS, all the matters and things tcquircd to be done by the Town Law of the State o[ New York in order that thc Town Board of the Town o[ Southold, Suffolk County, State of New York, may avail itself o17 the powers conferred by said law have been duly complied with. NOW THEREFORE. the Town Board oi tile To~vn o{ Southoldl Sui- 17olk County, Szate of New York, by virtue of the aurhority in it by law invested hereby ordains and enacts thc following ordinance. SECTION 1--This ordinance shall be known and may be cited af "The Builtling' Zone Ordinance of the Town of Southdd Suffolk County, New York." symbol or mark palntcd upon or in- Section "~OO--USE DISTRICT '~'C~ION 201 -- The bounflane~ o[" Dis£ric[ [wen~¥- fl¥o thousand (1) Ma~-iuas for the docking, to tho dwelling. on the promises. One (i) larger than four (4) fee; by iix £ee; in size, ~dvertising thc sale el ~.hree (B) ;-cog by Iour (4) fce~ In on which iL is mainC,~ined and set back no~ less th,~n ~ho required Iron~ ~nrd dlst. ance and no~ loss cl~an $.cn (10) hereina[~er provided.) :here sh~ll be two (2) s[do yards, one (1) on each side ef the buildings, the feel (a) Dwellings -- One (1) parkhng u]l s~reet and property lines, · $--¥~rds for storage and sa, lc ol ~uel no buildln¢ shall be erected ot altered 1. Ali permitted uses In the "A" llcsi- Use Ihk F.rm f.r I'iHn~ ymlr Lncal Law wilh Ilic SecrclnJy nf Slnlc'l S outhol d Local Law No .......................... ~ ............................... of the y~ 19 _.L2. .... A locM law to amend Chapter I00 (Zonina) of the Code oF tl~e T.wn cfi So tchol.1 in re]al ion to Self-Serv~ce Gasoline Scrvice Stationa Be it enacted by tile ........................................................... Town L~.9. ard of the :Cft~'x Southold of .................................................................................................................................................... as follows: I. Section 100-17~13 or '\rticle I of Chapter 100 of the Code oC thc Towu of Southold is hereby araended by adc'lng a new paragraph thereto to read as follow_~: PAP, TI \1, SELIP-SEP,.VICE G ~SOLI._'<E SEP,\rICE STATION - :\ gasoline service slation prinmcily for the servicing of motor ~chicles and the dispensing 05 gallo'line by morons of :t ClUMi~ied attendant con[rolling an approved console re,gulating the [toy, of gasoliue inlo fixed and approved dispensing eqaipment thereafter to be ~perated by the customer at one (1) set of pumps on one (1~ pump iMand and by a qualified a~teudant operating dispensin~l ecluipn'tenl at all other pump islands. Ii. Sectioa 100-70I; c,l' Article VII of the Code of the Town of Southold is hereby amended by renumbering paragraph (5) lo paragraph (6). and by addin~ a new paragraph ¢5). to read as follows: (5) Parlial self-service gasoline service sIa~ions, subject to all of thc I~r~visio,'qs of Section 100-TOE(I), aud thc following :tdditional requirements: (al Each gasoline partial sell-service facility shall have a qualzfied altendanl cm duty \vlmmever thc open for business, h shal[ be the dui,, o[ the quMified attendant to eonLvol and opc, t'ate both the con~le regulating lhe flow ~1 ~:tao'line lo tho di~penain~' ccluilmmut Lherc, y, fl.or ~.~ be Ol>er:ded 1>> Ibc customer ~tt lbo self-service pump iMand aud the (h) Gasoline .~lutl[ aL nr~ lime l>e di.ql)t.l,:,od wilhotd [lie direct sutppF,.,~si(~t~ ~f Il'to qu'.tii[iod :~llt-i/d:ntt. rrmtriM sh:~ll 1., p,',whh:d ,.vifi,'h v, ii! Mu,t oil' Ut,.' fb?.v C~1' f ad,'hrion~I~>:~cc [ needed. ~[c,t~c a~rach shcc:s o~ thc s.mw ~;~::c ns this and m:r:ber each~ ~ , (ct) punlp and the s,.vikch ¢or ti]ia i~Un-,p is manunllv opet'atecl. Tine sell-service pump i.shncl shall be protected by an 2Ltllolr, attic fh'e []NO[OCtIOI~ system in fhe Form o[ an appi'oved system o~ dry powder release which will act as an nutom:Lttc [t['c e:.:Lin.rfdi.qher . No cus[omer shall l)c permh Lcd to dispense g:tsoline unless he shMl possess a valid motor vehicle operator's license. (~,) There shMl bo no lmtrh-open device on any self-service dispen£in~ nozzle;. III. This local law shall take effcct immediately. 0 ol ]9 Vi J] a? nut di ~aI,l+m'm'ml orm ......................... I~ ..... nnd w:~ al.Hr,rod ],,,' Ihe. on ............................... 19 .......&m'h 3tx-n] lng* wns ~uhmitt~,l Ir, I)m p~'oph' b} rea.~nn of a pnrn.is~i~r, r~F¢rr.mhmm,m~,l r¢,r¢ived t{m~: nfF}rmnlJv¢ voh' of a mnj,,rhy of lbo ~m]ifjr. d o]ectors vot[n~ t]t~roon at Iht. ~[mcia] (,P.clh,n Ime]d on ....................................... ~9 ..... . in accm'dnncr, ~[/h the apl.li- rnb}¢ I,mvi~h,ml= n[ -1. (~ubjeel lo rel'cri.ud urrl_) r,.l'~.r,mdUr,l,aUd fil)iLT adi:ption he(:ause no ~aJid p(.liliml fi]ed requesting r ,~ ~llrHo,~a- lnm~) Jay. %n ............... oF 19 ......... 6. ICounty Incal 1;1'¢, com:erning ad~q'qim't o[ Charter.'} I hereby ccLtil":, thai Ihz' h~cal l.tw aLincx.zd heJ'?tn, dc,:i~n:m:d i[q Lnc:d l_,iw No ....... o1- 19 ...... of thc County of . .................................... St:de of 5:z," ~',.(, ha'.["~ hcen wtl~:m~lcd [o th2 I-:lectors at General Elect/on of Noxcnlbcr ........... [9 ........... lnurqL~3n[ to stl[),!t,.l,i~,n.; 5 2ltd 7 ol ~cct~ u~ 33 of the MtltU- (l[ any ntl~ur authurize,I [tlrrn (,r fi.al ad,,p[ion h.~- b,,,'n h,I;.,,,,,I, ld,,.~-~, [,rn~i,h' an appropriate ~ I ruHl:.r c.-rti0,- t~at [ havo c*m'l,nrml ,m i',r-,~edi,~ loc~! In... ,.~i¢, ~h,. ,,rieir.-,I ,,[ ','~le irt t}d~ and t},3t tho s:m:o iF a rnrrc, t Lrn~:;~ r~[',t t~,,)r,.Ftr, i:' nad ,,C th,. ',',~:-h. hi' ~a ,,riF~rml '.,,'3/ )ntt, and [inal[5 adnl4r-d in dm [h-~¢h,-r indicnh',l h~ ' [)ate: .'Xpr"il 12, l.l~,, ,f'adtih T. '~['ot","t,-, :4, ouLho]d Tnv. n Ctet'k (C~:rti[ication h~ l,r ,.x,.ruled hy County ..\trot:fey, lh, r[mrcdi,m (:oan~,,.i, T,,,,..n .)tlt,~rtl,.~, Village .-\ttarne.'.' or other attthr,rizcd ,\ttt~rrltt)' O[ locality.) ST,\TI-: 0[" NI':\\' YOI?I( COU,NTY OF l, the undr'rsignrd, hereby certi[y that the [nregnulglot'all:lw cont,dn.~thecorr,,cttext and that all proper procer'dh~gs ha,.'e N'cn lind or taken~nre the en:~ctnlent o1' itu= Incal Law ammxed hereto. Il:d,-- .,\pvil 12, l!',':i LOCAL LAW NO. /..~ 1983 A Local Law to amend the Southold Town Code in relation to Fees BE IT ENACTED by the Town Board of the Town of Southold as follows: The Code of the Town of Southold is hereby amended as follows: (additions are indicated by underline; deletions by [brackets]). Section 46-15 of said Code (Flood Damage Prevention Law of the Town of Southold) is amended by adding thereto a new subdivision, to be subdivision E. to read as follows: E All applications to the Board of Appeals for any relief provided for in this Chapter shall be accompanied by a fee of fifty ($50.) dollars. II. Section 69-105 of Chapter 69 of said is hereby amended to read as follows: Section 69-109. License fees. The fee for each license issued pursuant to shall be [twenty-five ~$25.)] fifty dollars ($50.) ten dollars~($10.) per day or fraction thereof. Code (Peddling and Soliciting) this Article per year or III. Subdivision A of Section 77-203 of Chapter 77 of said Code (Shellfish) is hereby amended to read as follows: A. The fee for a commercial shellfish permit shall be [five dollars ($5.). Effective on an after January 1, 1983, the fee for a commercial shellfish permit shall be] fifteen dollars ($15.). Effective on and after January 1, 1984, the fee for a commercial shellfish permit shall be twenty dollars ($20.), Such permit shall expire on December 31 of the year of its issuance. IV. Subdivision A of Section 97-23 of Chapter 97 of said Code [Wetlands) is hereby amended to read as follows: A Every application for a permit filed with the Town Clerk shall be accompanied by a filing fee of [twenty-five dollars ($25.),] fifty dollars ($50.), no portion of which shall be refundable. Section 100-124 of Chapter 100 of said Code (Zoning) is hereby amended to read as follows: All applications to the Board of Appeals for any relief herein shall be accompanied by a fee of [twenty-five dollars ($25.).] fifty dollars ($50.). VI. Section 100-135 of Chapter 100 of said amended to read as follows: All applications to the Planning Code (Zoning) is hereby development plans shall be accompanied dollars ($25.).] fifty dollars ($50.). Board for approval of site by a fee of [twenty-t~ive VII. Section 100-151 of Chapter 100 of said Code [Zoning) is hereby amended to read as follows: Ever,/ petition for a change or amendment to this chapter or . the Zoning Map shall be filed with the Town Clerk and shall be accompanied by a fee of [one hundred dollars )$100.).] two hundred dollars ($200.). This Local Law shall take effect immediately. .Please Use this Form for i"ilin~ )'our Local Law s~ith the Secretary o[ State) Text of law should be given as amended. Do not use brackets for matter to be eliminated and do not use italics for new matter. Southold 5 76 Local Law No ......................................................... of the year 19 ........... A local law ...... .t.9..~[Q.9.~...g.~.a.E:~.r.. l...0...0...~.~..o. Dj.B.g). 9.f. 2h.e.....C..,o..0.e .of...t_h.e....T.o..::c0..of..S0.t~hnl.cl .......... in relation to the exclusion of dwelling units in certain use districts and to redefine the terms Public ~Vater and Public Sewer. Be it enacted by the ........................................... ..T..9.:5[.n....B%a.g-O .............................................................. O[ the gkt e of ................................................................. ..................................................................... as rol]o, s: I. The terms "Public Water; Publie Sewer" as defined in Section 100-13, Article I, Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows: PUBLIC \VATEl~: PUBLIC SE\~qER - Communal sewage disposal systems and comnaunal water supply systems approved by public agencys ha~'ing jurisdiction thereof. II. Subdivxsion (1) of Section 100-60A, Article VI, Chapter 100 of the Code of fhe Tovm of Southold is hereby amended to read as follows: (1) Any permitted uses set forth in, and as regulated by the following provisions of this chapter: (a) Subdi%dsions (2) and (3) of Section 100-30A. (b) Subdivision (3) of Section 100-40A. III. Subdivision (1) of Section 100-60B, Article VI, Chapter 100 of the Code of the Town of Southold is hereby amended to read as follows: (1) Any special exception use set forth in, and as r'egulated by, the following prowisions of this chapter: ~ ' (a) Subdivisions (2) to (13), inclusive of Section 100-30B. (b) Subdivisions (2), (~) amd (5) of Section 100-50B. .... : ........ "-60C, Article VI, Chapter Tov,m of Soutbold is he~'eby deleted and subdivisions ~2) and renumbered accordingly. V. Subdivision (1) of Section lO0-70A. Article VII, Chapter 100 of the Code of the Tovm of Southold is hereby amended to read as follows: (1) Any permztted use set forth in. and as reticulated by the folloxving provisions of this chapter: (a) Subdivisions (2) and (3) of Section 100-30A. (b) Subdivision (3) of Section 100-40A. (c) Subdivisions (2) to (9), inclusive of Section 100-60A. {d) Section 100-62. VI. Subdivision (1) of Section 100-70B, Article VII, Chapter 100 of the Code of the Tovm of Southold is hereby amended to reatt as follows: (1) Any special exception use set forth in, and as regulated by the following provisions of this chapter: (a) Subdivisions (2) to (13), inclusive of Section 100-30B. (b) Subdivisions (2), (4) and (5) of Section 100-50B. VII. Subdivision (I) of Section 100-70C, Article VII, Chapter 100 of the Code of the Town of Southold is hereby deleted and subdivision (2) is renumbered accordingly. VIII. Subdivision (1) of Section 100-80A, Article VIII, Chapter 100 of tI~e Code of the Town of Southold is hereby amended to rea~ as follows: (1) Any permitted uses set forth in, and as re2-ulated by the following provisions of this chapter: (a) Subdivisions (2) and (3) of Section 100-30A. IX. Subdivision (17) of Section 100-80B, Article VIII, Chapter 100 of the Code of the Town of Southold is hereby deleted. X. Section 100-90A of Article EX, Chapter 100 of the Code of the To~rn of Southold is hereby amended to read as follows: A. In the C-1 Dzstrict, Buildings and premises may be used for any lawful purpose, except thai no buildin~ and/or premises shall be used for dwelling, 'boarding and tourist borne, hotel, motel or tourist camp purposes and the uses hereinafter set forth are permitted only by special exception by the Board of Appeals, as hereinafter pro%4ded, and are subject to site plan approval by the Plannin=~ Board in accordance with Article .~III hereof: 1. [ hereby certify [hat the local law annexed }il-rote, desi.~nated as local law ~o ...... 5 ......... el [9..~.~. ~ of.......5?-LL[?.~.q ............ ,,'as ddy passed by. ...... ~.}~...Tg.:'Y~..5~.r~ .......................................... ~}~ on....~.~.9~.¢.r..~.~ ................. 19..~.~. in accordance with the applica'ble provisions el law. (Passage hy local legislative body ~ith approval or no disappro%al by Eleeti~e Chief ExeeuLive Ofl'icer or repassage after disapproxal.) 2. I hereby certify that the local law annexed hereto, desiLmated as local law No ................... of 19 ........ County City of the Town o1' .................................. was duly passed by. ................................................................................ Village not disapproved on ................................................. [9 ...... and %vas approved bv the ................................................. repassed after disapproval ~.l¢~ti~e Chi¢~ ~'~,~ti~ or[leer and was deemed duly adopted on ........................... :; ..................... 19 ...... in accordance with the applicable provisions of law. (Final adoption hy referendum.) 3. I hereby certify that the local law annexed hereto, designated as local law No ................... of 1.9 .......... County City of ................................ as duly passed by the of the Town (~;ame of _e~islative [tody) Village not disapproved on ............................................... 1.9 ........ and was approved by the ........................................................... repassed after disapproval ~le~tive Chill ~.ecuti;'e Officer on ............................................................... 19 ........ Such local law was submitted to the people by reason of a mandatory permissive referendum and received the affirmative vote of a majority of the qualified electors voting general thereon at the special elec[ion held on .................................................. 19 ........ , in accordance with the appll- annual cable provisions of law. (Subject to permissive referendum and final adoption because no ;'alid petition filed requesting referendum.) 4. I hereby certify that the local law aunexed hereto, designated as local law No ................... of 19 .......... County City o['the Town of ................................... was duly passed hy the .............................................................................. on (~%'ame ot Legislative Body) Village not disapproved ..................................................... i9 ........ and was approved by the ........................................................ on repassed after disapproval Elective Chi~f g~ecutive officer ......................................................... 19 ......... Such local law being subject to a permissive referendum nad no valid petition requesting such referendum having Been filed, said local law was deerr, edduly adopted on ................................................................ 19 ........ , in accordance with the applicable provisions of law. · ['_'lcctixe Chief Executive Officer nleans or includes tim chic[ executive officer of a county elected pa a couut)-~idc basis or if there be none tim eb;tifmun of thc board of supervisors,, llte [[layer of n cji) or ~ilJazc or tim su[mr~isor of it tnx~n, x, Jt,:re such officer is vested ~ilh po~,}r to approxc or veto local ]a~s or ordinances. 5 36 .- · ' provisions el 5 37 '" t:,. ?,;~mi._ti.:,lll_,ti:olluleLaw an l:.nvin~ r--ceived the af(irmati,.e vote of a majority special ,.lection h,'ld on .................................. of the cmalified ,de,rrc, r~ cf ~u,'h cit5 .oting thereon at the .... era[ .............. 19 ........... Lc'came r;per ative. (Col. lU[y local l:lw collcerning ndoprion of Clmrter. I 6. I hereby cerrfl'y that ritz Ioc:d law :mnexed her:re, du<ig]mted as Local l, aw No ....... of 197 .... of the Couuty of ..................................... Stxrc of Yew 5'o~k. h~xing been submitted to the glectom ar the General Election of Not ember .......... 19 ...........[sursannt to =abdivisions 5 and 7 of Section 33 of the Muni- cipal 14omc Rule Lay. aad having re~ei~ed thc ,tfl]rma[i','c tote of a majority of ~he qualified electors of tl~e cities of said COLmW aS a uait aud of a mnjori[y of the Clualificd electors of the towns of said county considered us a tltlit voting at s:tid general dection, became operntive. (If auy other authorized term of final adoptiun has been rollo,,,.d, please proxide an appropriate certification.} I fu~her certify that I bnvecompared t~e preceding local law ~ith the original on rile inthis office and that the same is a correct transcript therefrom and of the ;dmle of such original local law. and was fioally adopted in the manner indicated in paragraph ....... } ................ above. Judith T. Terry. To,.vn Clerk Date: October 29, 1976 ($ (CertiDcation to he executed by Count>' Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized .\ttorncy of locality.) STATE OF NEW YO}'{K COUNTY OF ...... .~ ~.I-: ~7.Ql.:'.[~ ..................... l, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have '~en had or taken for the enactment of the local law annexed hereto. (Title o! omar,il:robert W. Tasker, Town Attorney gitX of .............. :.9.q t !~.9.1:d ............................ Town Dated: October 29, 1976 { (Please Use this Fo~m for Filiug your Local Law with the S~cretary o[ State) Text of law should be given as amended. Do not use brackets for matter to be eliminated and do not use italics for new matter. ~ Southold Town Loc~ Law No ..................... ~ .................................... of the year 19 -.~... of giving notice by mail. Be it enacted by the ................................... .T..°_.~..q....~...°..~-~_.d._ ......................................................................... of the Cr.k~ o[ .............................. ~. ............. '. ............. .S-_9.-.u-~-h-_.°.~..d. ............................................................................... as follows: Town I. Chapter 32, Article III, Section 32-33, Subdivision A of the Code of the Town of Southold is hereby amended by deleting the words "registered mail" and inserting in place thereof the words "certified mail". II. Chapter 52, Article LX, Section 52-91 of the Code of the Town of Southold is hereby amended by deleting the words "registered mail, return receipt requested" and inserting in place thereof the words "certified mail". III. Chapter 81, Section 81-9, Subdivision A of the Code of the Town of Southold is hereby amended by deleting the words "registered mail" and inserting in place thereof the words "certified mail". IV. Chapter 97, Article III, Section 97-31, Subdivision C of the Code of the Town of Southold is hereby amended by deleting the words "registered mail" and inserting in place thereof the words "certified mail". V. Chapter 100, Article XIV, Section 100-143 of the Code of the Town of Southold is hereby amended by deleting the words "registered mail" ~nd inserting in place [hereof the words "certified mail". VI This local law shall take effect immediately as required by law. additional space is needed, please axtach sheets of the same size as this and number each)"~ ([~omlfieLl' Lil,- ccrlill,'uLJua f~l til,: ip;JruKrapi] which applies £o Lhe [fling o[ Ibis ]ocdl l[L~,~ and strike oul lip maLLer therein ~tfich i~ not applicaldc.~ (Final adoption hv lucal legislative body' only.) 1. [ hereby certify that the local law annexed hereto, designated as focal ]aw No ....... ..3 ......... of ]9..~.~. of the C~-~ of Southold was duly ..ssed b~' the Town Board To~n ................................... ~ ~ ......................... ~;;;;";~"~;~i;',';;;;;' ~;~;'f ....................... on ........ .~gp.~..~.~ .............. 19 ~.~.. in acco~ance with the appl[ca'bJe provisJons of Jaw. (Passage by local legislative body *~ith approval or no disapproval by Elective Chief Executive Officer or repassage after disapproval.) 2. I hereby certify that the local law annexed hereto, designatedaslocallawNo ..................... of 19 ........ County City of the Town of ................................... wasdu , assedbv . .... Village not disapproved on .......................................... 19 ....... and was approved by the ..................................................... repassed after disapproval Elective Chief Executive Officer and was deemed duly adopted on ................................................... 19 ......... in accordance with the applicable provisions of law. (Final adoption by referendum.) 3. I hereby certifythat the local law annexed hereto, designated as local law No ................... of 19 ......... County of the TownCity of .................................... was duly passed by the ..................................................................................... t,~.,e af Legislative Dod¥1 Village dot disapproved on ................................................ 19 ....... and was approved by the ............................................................ repassed after disapproval Elective Chief l~ecutlve Officer on .................................................................. .[9. ....... Such local law was submitted to the people by reason of a mandatou,' permissive referendum and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on ................................................. 19 ......... in accordance with the appli- cable provisions of law. (Subject to permissive referendum and final adoption because no valid petition filed requesting referendum.) 4. I hereby certify that the local law annexed hereto, designated as local law No .................. at' 19 ......... County City of the Town of .................................... was duly passed by the .......................................................................... on (Name al Legislative Village not disapproved ................................................... 19 ....... and was approved by the ...................................................... on repassed after disapproval E~,,.,e Chief E~ecutive O[licer ............................................................. 19 ...... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local la~ was deemed dui)' adopted on ................................................................... 19 ......... in accordance with the applicable provisions of law. *Elective Chief Executixe Officer means or includes the chief cxeeuti',e officer of a count)' elected on a count)-wide basis or if there be none Iht chairman of thc ho;~rd of supervisors, the mayor of a cig) or ~illage or thc supervisor ora to~n, ~,here such officcris vcsted~ilh power toappro;e or veto local laws or ordinances. ICit.', local lay, coaccrntng LharLer rcxl_-ion proposed b~. petition.) 5. I hereby certil'? that Lhclocal ia~x ~nne×cd i~crem, dcM~taLedas ira:al law Nc, ................... of ~P ........ of the City of ..................................................................... tmving been submitted to re£erendum pursuant to provisions of ~ of ~he Municipal Home l-{ule Law an(] having received the affirmative vote of a majority special of the qualified ejectors of such city voting thereon at the general election held on ................................ ................ 19 ........... became operative. (County local law concerning adoption of Charter. I 6. I hereby certify that the local law annexed hereto, designated as Local Law No ...... of 197 .... of the County of ....................................... , State of New York, having been submitted to the Electors at the General Election of November ......... , 19 ........ , pursuant to subdivisions 5 and ? of Section 33 of the Muni- cipal 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 of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If an)' 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 thai 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 ........ .~.~ ............ above. Judith T. Terry, Town Clerk Date: August 27. 1976 I' (Send (Certification to be executed by Count)' Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ...... ;$...U..~ ~..O....L..I~ ...................... 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 of the local law annexed hereto. (Titl, ~l om~)Robert W. Tasker, Town Attorne5 {gm? of ....................... ..S..~.t.h.~]..d. ................... Dated: August 27, 1976 IX. Section 100-70 B. (f) of Article VII of Chapter 100 of the Code of the Town of Soutbold is hereby amended to'read as follows: (f) No motor vehicle sales, used car lots, gasoline servlce or rcpMr sl:ops or similar bus{ncsses are to be located within three hundred (300) feet of a church, public school, Hbrary, hospital c~rphanage or a rest home; X. Section 100-70 B. of Art{cle VII of Chapter 100 of lhe Code of the Town of SouUnold is hereby annended by addiug a new paragraph thereto, to be paragraph (5) to read as fellow.-~: (5) Cabinet shops, carpenter shops, cleo'Ir[cai shop~, furniture repair shops and bicycle at{d motordycle shops; plumbing shops; XI. hereby an]ended by ¢'dd{ng a new section thereto; P--S ~ollo ,-.. S: · .. [100-125 Not'ce of hearing. Article ;qlI of Chapter 100 of the Code of the Town of Southold {s to be section 100-125', to read ,/ '~ A. In all cases where tine 12oard of Appeals is required to hold a public ~eartngo tn addition to the notice of snch hear{ns i~equired by law, a written notice coutaining tine following {nforrnatlon shall he sect by tiaa person petitioning such Eoard; or his agent, by e{ther certified or res{stewed mail, to every owner of pJ0perty immediately adjacent.thereto. In the event that any pe'titioner owns ox;' has ar~y interest lu any property immediatelyaa,lacent' '~ to the property -,,',attn.' Is the subject of ouch petitiqn, then written notice shall a!~o be given to the'owners o~ the properly adjacent to such other property of Lhe petitioner. For the ",- ~3CCtiOn, [~e w'ord~ 'c3%¥11er" or "property O',Viler"' ll]Cans tile owner as sho',vn orl tile current , ....... ia,_ :t roi1 of the Town of Southc~!d; Tim nc~;ce required by Lifts section ~,a/1 be mailed by the petitioner, or inis agent, v.'iLhin five (S) d~_ys precedings.- th.: £iU. ng of the petition in 'tho town clerk's of_~ice; Proof of mailing of such notices in the form of a sv,'orn sta_ternent shah be filed with the town clerk at the time of filing of the petition. ,Such notice shall contata Lbo following ir, formation: -3- (1) A sLa[ement thaL the petitioner proposes to apply [o the Foard of Appeals of [he Town of Sou~hold for a variance, special cxcep[ion, special perm{t, o~ o[he~ specified relief, as [he case may be. (2) A .descr~p[~on suff~clen[ [o ]den[ify [he properly which is [he s~bj~ct of ~he (3) The zone dis[r~cL classification of such properly. (4) A de[ailed s[8~ement of ~he relief sought by [he pe[iHone~'. (5) The provisions of the zoning la~v applicable [o [he relief sought by petitioner. (6) A sta~emen~ [ha~ wi[bin five (5) days such petition will be filed in the Southold 'Fo%~m Clerk's Office, Main Road, Southol~ New York, and ntsy then be eo:amined during regular office hours. (7) A sin[amen[ [hat a public hearing v;i[h respect [o such petition mus~ be held by [he Foard of Appeals of the Town of Southold before the relief sou~h~ can be granted; tha~ [he peFson.[o who~ [he no[ice is addressed, or his repr-esen- ~at[ve, has the right [o appear and be heard at such hearing; [ha~ a [~o[ice of such hearing will be published in [he official Town newspaper no~ less [han five {5) days pr[or [o such public hearing. R. In lieu of complying with the provisioFs of this section, written verified %,.'aiver's of notice e.~:ecuted by the parsons entitled [o receive such ~notice may be filed with the town clerk at the time of filing the petition. C. F[-'_i!ure to comply with thc provisions of [hfs section shM. l not affect the validity of any action [a:~:en by the Fosrd of Appeals. NIL 100 of the Code of the Town of Scuthold is hereby amended to read as f,-,llows: }J. l~_.very bmld;ng per;nit shall expire if the work authorized has not commenced v.,ithin t,.;'elve (I2) rnonths after the.date of issuance, or has uot been The fid'st seute~ce of SecL!on 100-141 H. of .'~rticle )TIV of Chapter -4- completed within eighteen (18) months from such date. XIH. Article~XV of Chapter 100 of the Code of the Town of Sou[hold is hereby amended by adding a new section thereto, to be .Section 10(]-152, to read as follows: c~100-152 Notice of proposed change of Zone Classification. _~. In the case of a petition requesting a change In zoning district classi- fication, in addition to the notice required by law, a written notice containing the following information shall he sent by the petitioner, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner owns or has any interest tn any property hnmediately adjacent to the property proposed to be changed In zoning district classification, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For ~he purpose of this section, the words "owner" or "property owner" means the owner as shown on the current Sou[hold Toxvn assessmeut roll. The notice required by this section shall be mailed by the petitiouer, or his agent, within five (5) days preceding the filing of the petition in the town ele~-k's office. Proof of mailing of such notice in the form of a s~/orn statement shall he filed with tt~e town clerk at the time of filing the petition. Such r~otice shall contain the following information: (1) A statement that the petitioner proposes to file a petition with the Sou[hold Tewn Clerk requesting a change of zoae classification. (2) A description of the property which is the subject of such petition. (3) T;-~o present zone district classification of the propecty and the proposed zone district classification. (4) A sLatcment that within five (5) days the petition requesting such ch'sage in zone di2trict classific~_tion will be filed in the P-outhold Tov,,n Clerk'~ Office, ?',lain Road, Southold, Ne'~,,~ York and may then be examined during regular of£tce hours. (5} A statement' that a public hearing with respect to gulch petition must -5- be held by the Southold Town Eo~_rd before such change of zone can become effec[ivel that the per,on to whom the notice is addressed, or his rcprcsentative, has the right to appear and be heard at such hearing; that a notice of such hearing willbe published in the official town newspaper not less thah ton (10) days prior to such publ;_c hearing. B. In lieu of complyiagwith the provisions of this section, written verified waivers of notice executed by the persons eutitled to receive such notice may be filed v/ith the town clerk at the tirade of filing the petition. C. Failure to comply with'the provisions of this section shall not affect the validity of any action with respect to such petition. XIV. The taulk and Parking Schedule forming a part of Chapter 100 of the Code of the Town of Southold is hereby amended to'change the front yard requlrc- merits in the C Light Industrial District from 200 feet to 50 feet. XV. This local law shall take effect Immediately. (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not use brackets for matter to be eliminated and do not use italics for new matter. L~al Law No ........................... ~ .......................... of the year 19 _~.~ ...... relation to notice of change of zone; notice of hearings by the Board of Appeals; the keeping and housing of animals; site plan approval; the length of multiple dwellings; minimum floor area of dwelling units; detached or ground signs; display of merchandise; uses in B-1 Districts; expiration of Building permits; and front yard set back in C Districts. Be it enacted by the ........................................................ ~.qS}[!l..[~P.~.!~ ..................................................... of the g~ Southold of ......................................................................................................................................................... as fo&lo~s: I. Section 100-30 A. (2) (c) of Article III of Chapter 100 of the Code of the Town of Sou~hold is hereby amended ~o read as follows: (c) The keeping of not more ~han ~wo horses and/or ponies owned and used 10y ~he ox~ner of lhe premises for his personal use, pro~4ded Umt the land ava devoted to such use shall not be less than forty thousand (40, 000) square feet. II. Section 109-30C. (5) of Article III of Chapter 100 of Ibc Code of the Town of Son,hold is hereby amended ~o wead as follows: (5) Horses a~cl domeslic animals olher than household F. et% provided lhat st:eL shall no{ be housed within forty (40) fee~ of any lo~ line. Housing got flocks of move ~han lwen~y-five (25) fowl shall no* be constructed v, ithin fifty (50) Fce~ of any line. HI. Section 100-,t0A. or Article IV of Chap~ec ~00 of the Code of the Toxxn of Soulhold is here-by amended to read as follow~: A. Permitted uses, subject to site plan approYal of the Pla]ming Boat'd in acco~'dance with A~'ticle XI[I hereof. IV. Section 100-40 A. (2) of Article IV of Chapter 100 of the Code of the Town of Southold is hepcby amended to read as follow~: (2) Muliiple dwellings not exceeding one hundred,twenty-five (125) feet in length deisgned fro' al~d occupied by not more than four (4) famiUes. i'-_,~."(If additional space is needed, please attach sheets of the same si7~: as this and number each)"~-'] (Con]pl,:le Lhc eerlificalion ill the paragraph ~l,ich uppJies Lo Ihe filing of ibis b,,!aJ la. uluJ strike iJuL the matter therein Mdeh is not applicable.) (Fi.al adoption by la,mi legislative hady only.) 1. I hereby cortifythat thelocal law annexed hereto, designated aslocal law No ......... (1. ........ of 19..~. ('2. k7 of Southold was d'uly passed by the Town Board of the Town ............................................................ i~T/5"Zi"f,'/~'i~i'X;k;'ii2;i;:) ......................... on ........... ~i[~-_Y...i}Q ................. ].9...~.~ in accordance ',;'Jth the appl[ca'ble pro,.'iaJons o[' lax'.'. (Passage by I.caJ legislati,.e body v. ith approval or aa disapproval by Elective Chief E',:ccative Officer or repassage after disapproval.) 2. I herebycr:rtifythat the Inca[ law annexed hereto, de~.ignatedas leeal la~ No ..................... ~f i9 ........ County City of the Town al .....................................was duly passed by ....................................................................................... Village apt disapproved on ........................................ 1.9 ........ and was approved by the ..................................................... " repassed after disapproval ~1, ctlve Chi,.f E~ecutJve Officer and was dcealed duly ad,;pted on ................................................... 19 .........in accordance with the applicable provisions of law. (Final adoption by rcfercndumn.) 3. I hereby certifythat tbelocal law annexed hereto, designated as local law No .................. of 19 ........ County City of the Town of ................................ was duly passed by the ............................................................................. Village not disapproved on .......................................... 19 .......and was approved by the ........................................................... repassed after disapproval Elective Chief [~ecutive Off;ocr on ............................................................... 19 ........ Such local law was suLmitted to the people by reason of a mandatoo'. . referendum and received tide affirmative :.ate of a h~ajority of tile qualified electors ,.oting general thereon at the special election held on ................................................. 19 ........ , in accordance Mth the appli- cable provisions of law. (Subject to permissive refe~rendum and final adoption bcmtuse no valid petition filed requesting referendum.) 4. I hereby certify that thc local law annexed hereto, designated as local law No ................... of 1.9 ......... Co nn t'~, City of die Town of .................................... .as duly passedby the ..................................................................... on Village nut disapproved .............................................. 19 ...... and was approved by the .................................................... on repassed after dis-approval [_'l,:rti~e Chief E~.ecuti~e Officer ...................................................... 19 ........ S,lcb local law bHrl§ subject to a pennissixe referendum and no valid petition requesting such refcren,lum having ber. n fil,-d, said local law was deemed duly adopted on ............................................................. 19 .... , in accordance . ith the applica/,lc provisions al law. I:xeCttli',,: Officer ill,mas ur in,'lude.s tile chi,:f .:Nccuti~e officer of a eOtlat) tier'led basis ur if th,zrc hcm, rm lite t'bairnm;tn of the board of -npervisor~, the mmmyor afa or thc ~upcrx'i=,or of ;t to~n, where su,:b ufficer is vested ~itb po~cr mo approve or (City local law cnnel:.rning Charter rcvisit,n pr,~po>cd I~y [,ctition.) 5. I ticn-b~ co~l[[~ th,t tho local law :mnex~.d h*-r, qo, dc'.q~mat,.,1 a~ local la~ Xo ..................... or 19 ....... o[ the City of ..................................................................... having ]:,~cn $~d,mittcd to ro[cr,.ndum pursuant to the ,ro~isio~ ~ ~ 36 : ' . ~ o~ ~ 37 of ~he Mmdcipal IIomc Rule [.a~¥ nmi having received the affirnlative voto of a nlajority special of the qualified electors of qtlch city wot ng Ihereon at the general c. lection held on ............................... ............... 19 ............ became op,:rative. (Coanty local law concerning adoption of Charter.) 6. I hereby certify that the local law amlexed hereto, designated as Local Law No ...... of 197 ....of the Cotmty of ...................................... , S~ate of New York, having been submitted to the Electors at the General Election of November ......... , 19 .......... , pursunnt to subdivisions 5 and 7 of Section 33 of the Mtmi- cipal Hoine Rule Law and having received the affirmative vote of a majority of the qualified clccto~ of the cities of said county as a ~mit and of a majority of thc qualifScd electors o1' the towns of' said COtlllty considered as :~ milt ;oiH~g ut Faitl genC~;ll tic,ti,m, bccatile operative. (ir any other authori;:ed f,,rm of final ud-ption has heen follm~,-d, ploasc provide an appn,priate certification.} [ fun}mr certify that I ha~e compared the preceding local law ~ith the original on file in this office nnd that Ihe same is a COl';'f~ct transcript therefrom and of the xvlio]e of such original local law, and was finally a,lopt,~d in the manner indicated in paragraph ............ ~ ............. above. ,Judith T. Boken, Southold Town Clerk Date: .)'tine ,~ 1975. (Certific~ation to be executed hy C.)tmty ktlorney, Corporit'o Cmmscl, To~n,'tttorney, lillage Attorney or other authorized Attorney of locMity.) STATE OF NEW YORK COUNTY OF .....S.~.~?.gLJ5 ................... l~ the undcrsigm'd, hereby c,:rtify that the foregoing local law contains the correct text and that all [mr, per proceedings ]iaxe been ]~ad or taken for the enactment of the local law ana,,xcd hereto. ('ri~l~ of Officer) Town Atto~'ney l),~le,t: ,ltme ~.~ 1975 Il'h-use I'se Ibis l"orm for Filing your Local Law with thc Secrctnry of .qtato) Tcx£ ,,[ law should be siren as amended. Do not use brackets [or matter to be rliminated and do not V,.L'~'~ Local Law No ...................... ~. ................................. of the year 19 _..7.3 .... A local law to amt, ud ('h.zl~ter 100, Article [, Section 100-12 cfi' the Co,lc of Ihe Tt,w, of Southolcl, in relation ~o lot area and lot l~idtti of iota on cei-tMn std)clivision mates. Be it enacted by the ................. ~ Southold of ........................................................................................................................................................... as follows: Town Section 1. Chapter 100, .\rticle [, Section 100-12 of the (:ode o[ the TOWll of 5,)tllhol,I (Zoning orcmmam'e~ is :q:l~otldcd by adding thereto lilt7 fOlIotxill,~, to wit: Orient- By-The-Sea, Section II Cleaves Point, Section III ~!2. This local I:tx~ shah take effect immediately :ts in'~vicled 1)5' law. additional svacr is r. ccded, r~[ease attach sheers of thc s ~:~;e size as this .md number cacM'-~EJ~ o( Ihe J.. I heret,v ,'~-rliFy Ihu l':, loc-al law annexed ht.r~'£o. ,le'dg[um,d a~. h,,'M I,,~ ~ .......... ~' .... 6~ _ ~, . . .. ~,]wn 'q' ~tlTJlf~J([ was duly passed by .....thg. ~OtJtlto]¢t Town I', ~ t M ~)'1~1' rn ' ,,r I ,'~,M,,li~,' II ,J,i l() ' '~ LIL .u'¢'~n~fa[u'*. ~ifh flu- ,[,id~, .Lid,. Jl[',l~.'i' 1,1[1'. Iii J.l&v. (l"as~ tge M ln('atJ J,'gi-I.ttJX,' bolh x, ith upproval ,rrm di--nppr,,',~.l b? l':l,',qix,- {'hi,'f I':xc,'utix,. {)ffi,',.r or repas~ge alter disappru~:l.) 2. I herebyce~iCythat th~ h~cal law annexed hereto, desi~ab,das local la~ No ................... ,,f Iq... County City of the To~n oC. ....................... was dun passed by. .................................................. Villain' no[ d[sapprtwed on ............................ [9 .... anti ~as approved hv the . ....................................... repassed aDer disappr~ a[ ~ u.,.,,~,, ch,,4 ,:,~, .,,,,. ~.,...~ and was deemed dnly adc~pted on ....... " . .............. 19 ......, i[~ accordant*, wilh lhe alqdicabl~- provisions of la~. (l"inal adoption b) r,'f,'r*',]dmn.) 3_ I ]mr,,b~. ~ ,'rt[l", thaL t}l-lt~cn[ Jaw ann,,,xed ]u'reto, d~'si~.mah.d ~1 < h~,'al [;m' N,~ ....... Cuulxty of the City Town o£ .............................. :'.as duly passed hv the ................................................................... Village not disapproved on ...................... 19 .......and ~.as npprc, ve,I h., flu, repassed after disapproval :-:1,,, ,,,,- c~,,,.r ~ ..... ,,,. ,,m, ,.~ on .......... J'~. . Sl[('h ]twa[ [,1~ wa-; suJ,l:Lil(l',J I,~ IJll~ I"~'}'J" IW r'i..t.,,,u ,,J' ;~ pern:iss~_'vc. ' .~ .l'.hhJrl alld :t'c't'ived ii!,' ~1[fil'Hla[i'v'c 'vole (1[ ;i Illaiol'iJy iJJ' Ih~, iltl;lli[il.d ,.h.,'l,w.. ~..,,lill,,? general thereon at the special election held on ............................... 19 ...... in nrcordan~'~ with d.' apldi- annual cable provisions o£ Inv.', re[ercudunl.) 4. I herebycerti~ythat thelucaJ kuvannexed hereto~dpsi~mlmla,< h,-al lawN,, County City of the To~'n of ............................ was duly passed by the ..................................................................... not disapproved ............................................. [9 ........ and was approved by the. .................................... .............................. 19 ........ finch local law }..in;z std,je.c~ Io a valid petition rbqueqting ~u:}~ referendum havin~bee. Iii-d, .,aid h. al law wa.: ................................................................. 19 ........ . in accordance ~hh the alqdi~'al,h, pmvisl,ms Officer mcan>, or include:, thc uhicf o( tho City of ................................................... having beeTI submitted to r.[~r~'ndum pursuant h) the pinG.ions of ~ 36 5 37 '/ the ~unicipal Home gule Law and havin~ ~ceived the affirmativ, vole of a majority special of th,, quali[ied ~lectnrs of such city vcting tl~reoa at the general election held on the ................................ ........ Iq ..... }~,cnme npe'rative. (.1[ an.s olher aLJthorized from of fimxl adopLion has heen I'olh,~v*'d, ph'a~,' provide 4m appr.priale certification.) I fu~her cp~i[v that [ have compared the pmcedlng local law with the nri~iaal on [file in this office and tha~ the >amc is a co~ect transcript there[rom and of the ~hole of such original h~al [:tw, and was [ina!ly adopted in die manner indicated in paragraph ........ ~.~. ........... a~ve. Albert W. Ilichmond, T,~v.n c'let'lc (Seal) (Certification lo he executed hy County .Mtorney, Corporation Counsel, '['os~n .,Mtornev Vi[lage .Mtorney or olher authorized Attorne.~ of locality.) ST.\TE OF .WEI~,' YORK COUNTY OI.' ~!.'.l.}.l~().! ,l< ...................... I, the ,m,h.r<i.cfu.,], h.*r.'!", certi[fv that tile [oregoinK prop( r proceedinh, s have l~erl }tad or taken [or the enactment of the local ]ax~ annr'x~'d hll'tqll. (Tit]~ of Officer) ]lohet't \\'. _'(:X ty t~[ ............... '~[~![I.I u ,[!.] .................. Town Dated: (Please Use thin Fo~m for Filing your Local Law wltk tke S~eremty of State) Text of law should be given as amended. Do not use brackets for matter to be eliminated and do not use italics for new matter. C~ of .................. ~.Q~Q~ ..................................................................................... Town Local Law No ............... ~ ........................................ of the year 19 -..~.~.. (1~ tide} laws. ordinances and resolution of the Town of Southold. Be it enacted by the .................................~_.E..~.~LQ.V.~.!'.?. ........................................................................... of the (Name oi LelioJttive Body) gitg Southold To~ of .............................................................................................................................................................. as follows: ·~,g'l-l. 'Legislative In~ent. - - .."" The local.la~s, ordinances and resolutioh of the Town of $outhold re~errcd to id § 1=2 of this Article shall be known collectively as the '*Code of the Town o£ '$outhold/' hereafter termed the "Code~"'and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated a~- · provided and set forth in § 1-2 of this Article. § l-2,:"'Distribut~on of local laws, ordinances and resolutions. ' New ~umber "' (Chapter, Title, .Ar tlclet Section' "Chapte'r 4 - : § .4=21 , §~4~22. Derivation Table Old Numbe3r · <Source) Adoption Date L.L. No.. 1=1971 2-23=71 Sec. 1 Sec. 2 ~tL. No. 2=1971 Sec. 1 , Sec. 3 * .'Sec. 4_ 2=23-71 There wes no Section 2 of this local law. · haptcr, ...... ,,Attic e~ Section · . ,, is ) · 6-30-70 ~ Ethics code/of' ' : ..... · .,' ..... : Ordinance Article· Z .... ' "." ~ "i Article ! ii 10-I~ "' "" ~ Sea. ,. 1 "§,"10'11 . ';. " " · '" · . ..- .:'. ' "Sec. 2 t II ' . '.- : .... ' ' ' .... , ..... '" · Ar, tlcl.e' ET ".'§ 1'0-20/ 1 · ~.. · . ..... ':,.' " ' Sec. 1 ' § 10-21' . .... ,..,. ii - 10-22 .... ... Sec.. 2 ,,.... ':.. Sec..3... 7) '..:-.. ':" se . 4 ' i". ' ' Articl9 'ITI'. "";" See. ! ', , , See. 2, Sec. 3 ., Amended 7-'31-73 ·" "Article TV'j, '~ '- ' ." ' .-. ' ":;' - ·,-' '.' ''; , ,' " ', Articlb IV, .' ".',' · "' " ii l0 ' ' ' ' " '' · 'l",'.. § 10 ..' "'.' '.:.', : ' . -' .See'.' .I. '" , "" .~'" ' · -41 ..... '"'"":"'"' ..... 2" '' ' '"' · '§'~- 7.42 . . , ..... ,.,..... ,, e Sift',, . ...... ,' ". ,' · ~,.., 0 "'" "" : ~-".: .,Se' ' ""~' '"' '' '" -; ! ;,,~.'%,..~.',',.' .",, c,~3; · . ,. ,...' ., ,'i ".".'," ' "'"""' ,": . .' " '" Chapte'e.'1%~t.~.'..'~:~ - . ~:.. : ',.' .y...!:' '.' _. '. ;".,:' .... '. ' . .l. ' ,'" L- NO. I 1964 "i ' '~.. 2'18.64 , ' , , ko 1,'L ~s,~Ad p .... ,. ',",5~' .i ,:.... ~ ca m o .t?~.sn "of.: , . § 14 l'- ..,' '"....:.'".. ".,'. : ....... "§ '14-2 · '.,".'. '..'~ ".., ..... '. '; ;; .' ,See. 1 ,. ' ,' .... , , g ..... .. ., . .' ~. ., Sec. 3 .~ ' · ' .... .. ,. ~...~-~:'.. ,,'~. : .~-, ,, · : ,, , ', '...':. , . . ,,,. · :. , ,. · ,. '..Cba~er-18 :'.', ..... ' ',"~-' " " ..... - ' ' · ,., . .. ..... ~.. ~, ~ No.,2 1964 .... ..,. Police Department ..... .', ...... · · 9 29 6~ · , ', 1§ 18;1 . '.' · ...... .,',' ..... -, , , · · lL ; ' · :~. zo-Z'~ '. ''q ,'; .... · ..~,, ~ · ..... . . .' . . § la-S. , ,~. f.,....,,.~.-~..,- ,. ,,. .:,,. .... ., ,... ~ . .. ,.. .'- , Chapt~'~ 28,' '.",.,'.: '',,";':: . , . , "'" :ii 28',1'-'.~ .-.. . ', ., :~ .'.-,........, ...... ;..,.~.., '.~.,.&.. ,,. '.~ ~...;..,,.. .- /,.. % -..~ :~:.... ;,. Sec· ,1 , . .: , · . , . , . . ." § ,',~,..- . ....... - .... '.~'- Sec., 3 . .. ..... · .......... ,.. . , . " ~' ,..,:' '~ ' ~.' ' ~ .... . Sec..'7 - - ' . : ' ' ' ' ' ' .' ' ' .' - ' ' ' y ' '7'28L55; 'approved by referendum qn.~' ,'"' · ,- ' ," ." "' ",'-Sec. :'1.~ 'second . .. Cha ur 36 ",.. :,,~, . Unnumbered .... . , 5-21-57 ' "" p~ '' '.~',.. Sec;. 1 - ~....-..~.,, ,.,, . § 36 3 , ~... . .... n .., . ., Sec.,. .. , '.. Renumbered from See. 2 , , . .' ..... , ..... .=. .... .~ and amended 7-31-73 · § 36-5 '",, ..'. .' . ..... , , ,. ,,,. Sec. 5.~ . . . Renumbered from Sec. 4m 7-31=73 ,r ~dop t~on Date ~'al-1 ':'"" :-"' .... ' " ec.' .... - ' ~ .I, ~ 4~-5 ' '~ ' '. ' ~ ..... '' ~. gcc. 5'"' '" P ~48,' ' '~ ;' Unnumbered Carba~es .,Rubb~ah dn~ ReEu~e ',Ordinance ~ 4s-~ :.. ' " ... 48-5 .'..." "' · Sec. V Housing ~ode' '...:".""'":":',',":'" "' . .,:, ... :', ,~'~. ~ ~2-zo...' ,.:'.,~' ::,,'.:. ". ~ ~ ~o~ .. ..,. ., ~ ~2-zzf .,' ,','..~':'.. ~'.,",., '.:.' ~ to~ .~.' . .:; ,'. ] . . . ~ 52-12 . :~' "'" --" " '~' [ IO4 ,'"'." ' ' ' - .,, ,, , ... .... :. 52 ~3 ,. - ~ ..... .. ,, .' ~'~05 F'''t .... ' .... .'" ~ , ',~· '.' '".'[105.'", "' -"' · .... . - . ~ ' : '.," '~ 'h ' ;[' ..' .: " ' .' .' ~ 52-15.'e' , ,. .:' , , ,'" ~ ~07 ~ , ,, ,. ...., 52-16,'" "~' ,' ~ ]O9'.,' .'.,. ' '.." ,.. · .,..- ~.,',, ~, '~'. ..... . ,': ,,' . ~2-20'.' .% .'~. :'. .: ,. 8 20~' ', ·'., . ',. '' 52-2~ .~.,,,.: ,.:.-.V..,. ,. '. -' ~ 202 ,' ' -.'- ., '-. , ',,' 5~-2~'~' "~":~", '"!-5,~ :,.'"~ T,' a ~n~,-.., ,-. ,.. ', ' .... ' 52-24 ...... · .... ,~':"" '" ~ 205 ", ...... ,' ' , ~2-2~A, ,.. '~ ,. ...... ~ 206 ... : .., · , . '," ':' 52-26 -',-'-.'.~. ' '., ' , , ~ 213 ".,..., :...:.., ., 52-26A ,,. · . '..,,~....' , , '7 ~'214 , . ,.., ..,'.' . .. 52-26B ~ ,,'.'...,,',,-,.:. ,.,,',.,.F. , .'.~ 215 '" ,.' '" ' ' ~ ~ ..,'..,;~ ;,,,.il,.,~ ,.. ~ ~u ....,b' ,. ,, , ,. ,'.. 52-28;,..",..-. ~ ":,-,'., ..' ~ 217 '."' ,, ,~ , . ... ,.,;~..~, . . 2-~o .. - ..'...' ......... - ..... ..... · ,' ~ 301 · "''.,, '. 'v .., ,, ,.,. ,, , 5224~'~',' .' "' '"'" '~":;'~ ""' ':"""'-..-, "'.'~ ~ ~02 -4- Amended Aclded 7-31-73 " R~numbered from ~,o~. Amendecl 7-31-73 by L.L. , ,3-2~-481 ~mendad ,;en~irety 6-2~-6~ ' ~ended 7-31-73 · . Added Amended 7-31-7~ 3,' 7'31-73 No. 1- 1973 7-3'! 1-1973 Number' ' '~- '. ArVicle,..Sect, ion)." ": Ar~'iele ].X' -",' ' ~'.' - · ' ; ',.d,~:.-~...' ,'tI , ~2-90A ~.,~,.~ ..'.,,.,.. 52-90B.; -.:, .,'i~ ',. 52-90C ;'..a., ..' -., , ,.. 52-90D ,...'. ,..j. ,,',~ :,..:.,, ",,, 52-91-' ." :',~,' ,2' ' · ' ' , '.52-92 ''~' "'~'" ;" : '~.'. ", 52-93':''~ ~,....' '. .'.' 52-94 ..... :'~' ' 52=95 .. 52-96{ ~.' '52-97"...' ' '~" 52 e~., ,, .' ....... , Old Number' (Source) " § 800 '§ 803 §.8o4' . §,805 .... , '. ' - § 806 · .', ';§ 807- ', ' ' § 808~ ' ..', i" ", § 809 .., .. § 810 '~, · §' 811 Arti~le'X ' ''; ,'' '".' ' Ar~i~ie IX '§ ~2-lOO - ' .... - ' -,~...' ''.. .'. , ' § 900. § 52-101. .......... · . . '" ,. , . 52-102 §'q 52=103 '" ' '""'':'" § 52= 104 . . Article X! : ', § 52-110 ;... · § eot ..'§ 002 §, ~o~ :.,- § 904 ' Article Chapl:e 54).'. .. ' ' ..'..' ' .' UnnumSere'd Junlcyards '. .... '1 '.. ' -.,. . · · Ordinance .. .§ ~4-l.":.'j- . ," 1,.' ' Sec.'I. ., /. ,. ,.. § 54=2 '..= .~'. -:-, . · Sec. II § 54=3. , . ..,., '.Sec. III . '' § 54-4'.', ' "'.'-' .... . , · '.. Sec..IV, .first .i,... ' ' , · ,. through third , t,' ..':.-,.v "' ' ' ' paragraphs '§.54-§.., ', · .... . ,. ' Sec. IV, fourth and , '.'c'l ', .'. fifth paragraphs § 54-6 ""~" ' · . . .. ~......c .... '' Sec, V § 54-7 · ., '. : ',, ,. ' SeE. 54-8 ... '".~ ,"' . Sec. VII C aptet,.'!J7 -' L.L. No. 2-1973. Littering ;i, .." . .. ' ' ', , ' § 57-1 Z <. "' , '.'"', ":'.' § 57-1". "' ' ' ' :. § 57-2, § 57-2 . '. ,- , , ......... ' ' , § 57-3 .' "."..' ·' ' .' § 57-4.,'" '"'.. v ...., , , § 57-5 .: )...,:., :' ''. J ' 'i"' ' ~ 57-3 § 57=4 .< .. § 57-5 § 57=6 §. 57-7 ,. § 57-6 :. § 57=7 , ,' .... : Adoption Date " 'Amended 7-31~73 by L.L. No, 1=1971 8- 10-65 ' ' .' Amended 7-31-73 by L.L. No. 1-1973 7=31-73 ' · -6- Ne~ Number ' '' : - .(Chapter, T/tie, .' "' ' " Old Number Artielet Seel'~n) · ' .. (Source) Chapter 65, 69-1 :'' 65-2 - 65-3. '" '. · Sac. T · .;', r , See. II " · ' '" Sec. III · ' Sec. IV Unnumbered Ordinance · ' '"' Sec V § 6.~-~ .,~ .. . · 67 ' " " Uff Chapter , ' numbered Peace and Good Order Ordinance Article I ~ 67-11 ."" "" Sec. 2 § 69-100 69- 100 69- 102 69-103 69-104 69- 69-106 69-107 69-108' ,, 69- 109 69-110 69-11t 69-t12 69-113 Article II § 69-200 .' ~ § 69-108 § 69- Ltl . Unn'umbered Oral inance Sec. Sec, § 69=201 § 69-202~ Chaptar 77i... '.;.. ......, ..-':,. , ' ." .,. Shellfish ; ~, · ;',;.". " ..... ., ' Articl~ ! ....... ' ~' '; '"" "' ' "' '~'""' ..... 1.,, ..~ Unnumbered , ., , ,,, '. Ordinance § .':;' ", ".Sec. ,1.-: § 77-101 · ,,-" . 'C....,., Sec. 2 '.. ' ' ..~ Sec. 3 § 77-i0z ,. · ,,,,, '. ,,' § 77-103.-,,~..., ,., ,,- , ..,.Sec.,5 t,-7-70 Amended 5,.29-71; 5-9-72 Amended 5-25-71; 5-9-72 Renumbered from Sec. V~ 5-9-72 Rcnumbered from Rec. VI, 5-9-72 l{ontmlber~d from Sea. V]:Ip ~-9-72 Renu{nbernd froln Soc. VIII. 5-9-72; amended 7-31-73 by L.L, No. 1-1973 9-21-65 Amended 7-31-73 by L.L. No. 1-197. 7-31-73 'Amended 7-31-73 by L.L. No. 1'-1973 6-29-33 -7- . (Chapter, Title.',', .', ..', '.' .' Old Numbe~ '. ' '"Article! ~ection) '. ..... ,. ".. : (Source) '"' :.. :: 77-200.. .... , 77-2Ol '. ' 77-202,,," . 77=203 .,t . ,.~: :, ,. 77-204 ' ~ ~"~//-z~,.,. · ~,., . ...: .. .. Unnumbere~ .t- ~;t,,,, Ordinance : ' Sec. I :'" ''aSec. II ' Sec.' III" Sec.' IX Sec. IV .,, Sec; V .... , sec..vi..'h! § 77-206 .., '-" :',,~-:,'.' '' § 77-207' ''; .... "' ' '"' . Sec."VII ' ' § 77-208 '..'~ .. '."",< '.,-.' ', Sec. VIII' § 77-209 .:..,..:,.,., ,", .... '- Sec. X § 77-210 ', · ' .:..'" '. '" Sec. XI § 77-211 "'" . , .,. '':. Sec. XTI .. § 77-212 ....~' ' ' ,. · · Sec. XIII Chapte~ 81~: .... ' " · '. Unnumbered Soil Rah{oval' , : Ordinance ,~ 81-1 i .... ." · ,.Sec. I '' ~ '' ' Sec.' II !i 81-2 ! ": ,., . ;, ..... , '. See.. III § 81-4 ,_ ," .?''. .. , See. IV § 81-5' ''.' ' ' ; Sec.' V § 81-6 .-. " .:- See. VI .§ 81-7' "· " ' "Sec, VII .... § ' 8t-8 :'., '".~ ..... ":"'"'' ' ' '' Sec. VIII § 81-9 .' ' ..,'. :.. ' ,'' See.. IX § 81-10 .,'-'" · , ,'l' See. X § 81-ll.d" '. ',. ,- ., . ,, Soc. XI § 81-12 ' ", . , Sec. XlI 81-13, ,' ~. ~' . ' ' , . "Sec. XIII " . Chapter"85~ ' ""'" ' unnumbered ' ' . ' · ' ;' ~ '" Ordinance Taxation .,'. § 85-3' '4' , ...... .~ ....' ' =~.Sec. 3'' ' §. 85-4.., ....~" ' ' ..... ' · " ' ' ' ' : Sec, 4 ',". § 85-5'.:,.,,,,,...:~. ..,., ~ , ,.. Sec. 5 '':, ·' '. .... , ..,. ! '.. {..: !..' . . ,'~ ,,,: ' ~' :2 '~"'"' '" ";.', ?''' ''. . '' .'"' ", ",,., ~... Chapte'r 88,' ', ", ' '" '' Unnumbered c'a b' ' Tourla~, and Trai~er m ~ ' Ordinance : .... . '§ 88-1.'," ' ' ' ' .... ,. . , .',~ .,. ',,.. ~ Sec. l. . · ' § .~;: ' ........;". , i;,' · Sec., 2 ~; -'. , 88-2 ,, ,,.,'.. .,, . . , , 88-3 , -'"; . . ," , ",, '. Sec. 3 ' § 88-4 '=' ' '~ :" " ' · ., '.' "' ." ' Sec.~ 16. :' ' 88-~ . '; ..,' . 'F"'. Sec'. 4 ' '88-6, ' "' ." ' S(~c. ',,- ,,. '.,', ' ' ~]OC,, 6 -,, 88-7 . , : ..... r ",'." ' , 88-8 ,,.. ..... ... '. ' Soc. 7 ,, 88-9 .... : ..... ' ' ' Sec; 8 ,, ~ 88-10 ""'' · ' -' Sec. 9 .' , Adoption Dnte 6-23-66 Amended 7-31-73 Amended 7-31-73 Iii' [It}m[~e r c (I fi'om Anloz~(icd 7-31.-73 ,Az~e nd e d 7-31-73 Added 7-31-73 Added 7-31-73 genum~ered' from · Renumbered from Renumbered from ~nendcd 7-31-73 2-I'6-65 Amended 7-31,-73 Amonded 11-9-71~ fine. VII, 7-31-73 Sec. VIII, 7-31-7: Sec.'IX, 7-31-73 She. X, 7-31-73 h¥ L.],. No. 1-].97~ See. XT, 7-31-73 7-31-73 No. Amended 11-9-71 Amended 7-31-73 by L.~. 6-30-5 Amended 9324-58l .11-9-71 Amended 9-24-58 Amended 9-24-58 Amended 4-14-581 renumbered from Sec. 20, amended 11-9-71 Amended 11-9-71 Renumbered from Sea, 10, 9-24-58; amended 11-9-71 Renumbored from Soc. 11, amended 11-9-71 -8- Ar~ici% ~ctloa)_ § 88-[t § 88-12 . 'Chapter' *')2., .... ' Vehicles: and 'Traf£tb- 01~ Number (source Sec. 10 Sec. 'Sec; 12 ., Sac.. 1'7- ... '.;' ' ' i' Sec.' ).5 Sec. ', 14 "' Sec. 17'' , " Sec, "~ " Unnumb re Ordinance Article VI. '"" , "'t ~ ..' ~ j ,Article .. , ~. .,. ,.,,,.,,,....,.,,~.,.?~.'.. . '. ......... "§ 92-60 ...... ,' ~ .... ~ . Sec., t do tlon m]t Benumbared from Sea. 12, 9-24-58; amended X1-9-71 ~enumbered from Sec. lB .amended 9-24-58 Renilmbernd froln Soc. 15 ' 4md ,,m(indcd ~-24~5~ amundod · Renumhered from Sec. 19, 9-24-58; amended 11-9-71 Renumbered front Sec. 18, .9-24-58 Amended 4-14-5~! re~uml)erod from Sec, 21~ 9-24-5~1 Renumbered from Sec. 22, 9-24-58; amended 7-31-73 by EeL. No, 1-1973 6~21-66 § 92-h3 '.,;. , . - .... Sac.' 4 ' Added Amend6d 7-31-~3 Amended 7~31-73 Amended 7-31~73 . , Amen(h~d 7-31-73 'Added 7-25-72 Amertdod 7-15-69 and * Original ~ectiori"17 wa~ omi, tied ·from"the'renumbertng effected by the ,ordfnanco of 9-24-58 and waa not repealed. It ia thus still tn effect~ account,~ for, two sections designated with the number 7-31-73 which -9- ' '.Ne~ ~umb'er '.' ' ' . (Chapt~er; ;T.t. tle",.' f i~ ."" O~d.~um'ber Adoption Dnte · !,, .. ~ / ..j .~ .'. , . · ,. , ~, , , ;. . * , ,' ,'[.' · ' ' " '" 6L29 71 "' · " '97~" .'"/''.'.'. ," ~'.;. ,'" .... '' Chapte~:.. Unnumbered ,, ,...., Wetlands.':. , . ...4,.,..,, ..... .~ : Ordinance ' ' ' ' . , . · ', . . : * ,,...,,: ,, , I,..r ,, i,,i ., , .. , ' ,,, ..... ; .... ":;:' "~' ; " "'Article I' " ....... ' .... ' Articl ,. . . . , .,,..i,. § ";' '"'" '""J" '"'". -~ ' See.' ....... , , ' .97-10', ,, - .,. .., ! ? ., , ,..:. ....... 97-11,' .' "' -,,'-'2 ~ ." ~ .' Sed. llO.' '' .. ' '"' · 97-12'r ':' "' ' ' ' Artl~cle IV~ §' I ,....'... ,':, .. ,. ' Sec. 410, ', /' § 97-13, ', '-, , "." '} ', .... Sec. 120 · - ''. ' ' ", , ''' Article:II . .'~ ' C'"~" % ."i': ,Article'-II 'j .... , . ..~ , ,' ,., ', . ,t ,.. 97 20 .- .,,- ..... , .. ,., Sec. 200 .... . · 97-21 ...... ,. ' .... Sec. 210 ~ .... ~ 97-22 .... 'Y', ~ .", ''.''" . ,., Article 1¥, Sec; 420 , 97-23',', ',. ,-'. .... · , , Article,IV, Sec. 400 §' 97-24A. '.':. , -' 'I'. - '." ',, ,Sec. 220 · " " § 97-24B,iij..:;',.'/" '..[..':,', >,':J' Secl 230 ,,, "..'. ' § 97-24C.".: '" '" "" ;,' "' "'. -' ', Sed;. 240 .... ~"' ,'." ," § 97-25 . ,'"-'~' ' '~' ~ ''~ ' '" ' ':" ..... -- Sec. 250 . "' § 97-26,'~'f '.," ". "'f "' · ' Sec.. 260'; '~'" ' '. 97-27., "'h.', ", ~,,, *' -,,..:..'. '.:...,'.',Sec.'. 270...'?.., .. . , ',..,..,.. § 97-28 Sec. 280 § 97-29 Sec. 290 Article Il! § 97-30 § 97-31 o7-3z !} 97-33 :, S~c. 300 Sec. 310 Soc. 320 Sec. 330 Amended 7-31-73 by I,.L. No. 1-1973 Chapter 100, Zoning '1oo-1o too-zo. lOO-21 100-22..' 100-23 Article III § 100-30 § loo-]l § 100-32 § zoo- 3 § 100-36 ~ leO-J5 § 100-36 Unnumbered Ordinance Article I Sec. 100 Article XVII Sec. 1700 Sec. 1702 Article I, See. 101 A~ticle II Sec. 200 Sack 201 Sec. 202 Sec. 203 Article III Sec. 300 Sec. 301 Sec.'302 gcc. 303' Sec. 304 Sec. 305 Sec. 306 -10- 4-0-37! ronumb~red and revised In Its, tnt. Italy 11-23-71 Amended 7-31-73 Amended 7-31-73 Amended 13-29-73~ 7-31-73 Amended .5-20-73 ^lnendod 5-20-73 Addud 5-29-73 >(Chapcer~ TLclo,' 'Article! S~e. ctLoa) .I, Old Number _ (s°uFce) Article IV Sec'..400.. Soc. Sec.' ~00 Soc. 501 Sec. 502 ',. Article ¥1 ' ," '",", ' Soc. 600 Sec, 601 "~, Sec, 602 ' ', See. '603 ,..~..~'.,'..~'~ .,, · ' ' Article VII § ' 100-,63 ." ,.,Article VII ~ "~'' . , , · · "' ' ~'""J"": "'"" '"' '70o "' ":J -' Sec. .,§ 100-70.., ~" ;See. 701 § lO0-Tl . ,,,, .,., ,,.... ' "' ' '"" "'''"" ' '"~" '; Art'icle VIII , Article VIlI,'e",'' ',' .,,, ,, .~; . · .,'§ .100-80 . ,~,,.. ~ '~;. .., . .' Sec. 800 . ~ 100-81 ,'. ,,, ,, , ,. , ,,,. . See. 'Article IX · '. 'q'' ' , Article iX 100-90., ""'.",.;".,, ~ ' ,',,'3'" S~c. '900 ' ~ , ,' ...; .;.. Sec. 901' ' 100-91 · ,b.,. , -. , , ,, · ..... . , · ' 100-92 ,,,:, .' . ....... il .:,, Sec. 902 · " '~ , %. Sec.' 903 ~ 100-93 ,.1,..,,'. ;,..' . , ,, ~.<'f..,T . . (.. ,' ', . Article X".- '',,;" ' " ,' Article X ..... . ~ 7 '. · · "' ;; '~' ' " . lO0-lO0 ",: ."..,.~"",','".::" - -' Sec...'lO00 ' ,"§ .100.101...'.'.,:.",.~'~.,,..~',, " '" ' Sec.,,lOO1.; 7102'.." ".: L' ,'~"'J '"' '""" " 0 . ,,§ lop ! ;... .~ec.-lo Article XI Article ~ec. 1100 · 'Article XII, Sec. Soc. 1101 Sec, 1!02 Article XI1, See. Article Xl?,,Scc. Article XlI, Soc. Arti¢lg. XII, Article XIII Sec. 1300 Sec. 1~01. S~c; 1302 Seu.'.1303 ,'' Sac..1304 § lO0-llO §' 100-Ill ' §.lOO-lt2 § lOO-ll] § 100-114 ~ lOO-ll~ § [o0. Ll6 ~ lO0=lt7 § leO-lie Article § 100-120. ., § lO0-1Zl §': 100-12~ .§ 100-123 ,, · § loo-12~ Article XllI, § lO0-l~O § 100-131 § 100-132 §,lOO-133 § 100-134 ~ 100-235 '§ lO0~13O A~dop lion Dat~, ~me;mded 5-29-73 ~mended 7-31173 6monded 7-31,,73 3201 1200 12o2 1203 1204, Amended 7-31-7~ .... . ' Article XIV Sec. 1~00, first paragraph , Sec. 1400A Sec.' I/t00B $~c.'. 1400C ~c.. 14001) . Sea, 1401. ~dded -11- Article X[V,,, " O~d Number §'100-140 § 100-141 8' t0o-142 § 1oo-143' ~ 100-[44 §.100-145' '§ [oo-146 '" Areic'le xv , ' ~ I00-150 §.t00-151 Bulk and Parking Schedule · Chapter AIO~, Orievnnea Procedu~pn § Al05-1 , § 'A105-2 ' § A10 -3 '" AlOS a Sec'. 1500 Sec. 15OL Sec.[1502 Sec. 1503 Sec. 1504 Sec.,1505 ~eC.~' 1506 Article Sec. 1600 Sec..1601 Renn I.U (no number) Sec, ' Sec. ~ec. 3 Sec. 4 ~doptlon pete. Amended 7-31-73 Amended 7-31-73 Amundud 7-31-73 Amended · Chaplet Al06, · Subdivision of Land Approved by roso l~ltion (no number) ~rttcle I · § At06-tO § At06-1 t · ; § A106-12 i'' ' ... ' '" · § hl06-13 ' '~ .'' Article 11'. '" '' "' ' ~ .,;~' § A106-20,',.. ' § A106-21 ' · ' · § A106-22 ,',* · § A106-23 '' , . ~ : § At00-24' ',' ' '~ ' " § ALOO-25. '.. " § A106-26 ; ", ~ ..', § A106-27 ' ', ' "'. , ",Article III' .". ": "§ A106-30 '~ § A106-31 "; § A106-32 "' § A106-33 ''. § At00-34, § Al0~-35 § A106-36 " §'A106-37 ' .' § A[0§'38 ~ Article Firmt paragraph Second parngraph Th£rd pnr,2rnph Article 'Article II1 · First paragraph Sec. 1 Sec. 2 ".Sec, Soo, 5 '' Sec, Sec. 7 '..,'Article. IV 'Firs~ paragraph : · Sec. 1 Sec. 2 ' Sec, ,4 "Sec. · 6 .,, Sec. 7' ,.. Sec., 8 Adopted by thn nnnlng Bonrd 9-6-67 nporov¢ld I)y tho Board 9-26-67 ~mon(le(I 5-8-73 Amended 11-7-681 5-8-73 Amen~l~d 5-8-73 An.u~dod 11-7-6Rt ~mencled 5-8-73 ~unendecl 5-8-73 · ~mended 5-8-73 -12- Ne~ Numbe~ ,. , ' (Chnp~ar,.T~L~e, , § A/06-40 I ..... "'" § ^[o~-4[ ..' ~' ','~ ' OLd Number · (Soureo~ . Sec. 1 , '. . Sec."2 h , Sac. 1 Soo, ,2 -qec. 3 A~,}ended 5-8-73 ~pomdud 5-§-73 -13- ' .no~ contal'ned.tn auoh Code or'roooglllgad and cenl_lnuod In L'orde l}y .r~a~.~ .. · . , - . ,. ." T~e'~epoal of' /ocul la~$ 'and ordtnance~ provided ~er In ~ 1-3 nf I:hl~ loc.,l . :'t!ghc?, ~d obi/gac[on~, which ara hoF~by axi)rne~ly ~nw~d from ..,,. Al:' Any rtgh~ of lt~bflttr e~Cnbltshadp accrued or Incurred ~' .., .. any Legta[aeive provlnLon.of :ha To~ of Sou[hold prior to Lhn ..... ' ' enforcemen: o? ~uch right or.'l[abtllty. Lq ~....,,[ ~;~. A'q'o~on~o or act.~o~lttod or done befora the ePta*l:lv,, · ':'v.: ;~ ,'~." of 'this local law in violation.of any leglal~l[/vo j)ruvJBl~H~ .....','''.. ', '.of tho To~ of Souehold or 0ny. pennlty, pun/s[m~ene or fnl:f~ll.urn .. %'~h'[ch may result therefrom. ' .;.;.'...'.,C;':,'."An7 prosecution~, tndictment'~ actton~ sutL or other proceeding · .L. ',; :5 pendtng~ or any Judgment randfired prior eo eh, nffoct{.w~ ' ¥'.d.,' ' '. '. ''of thin local Law bronghe pUTsunne to nny [oi$1~lnt. lvo pcovlnlon 'f , ', ~ · of'tile To~ of Southold, ., ,, .D. Any' franchtno,' license, 'rlghe~ easement or prIvlloRo Jlernl'ofor~l :'"' , ~' granted o~ conferred by oho To~ oE Sourhold. -:?,,.[ .. , :5..'..? E.~. '~y 'local lau..ordInance or 'resolution.of tho To~m of Southoid ... . ,: ~ providing for the [ayipg out~ opening, alteripg~ widening[, ~ ',''., , . straightenings, establlahing,grado, changing qOmo, lmprowmml~t, """,..'.'.'' accoptanco or yacattoa of any rl~jJlt-of-way~ qeHul:lOnE~ /iLr(HiL, road, ,,,,,... . highway, park or ocher public plocu withintiro 'rowa.oe Sa,,lh,,ld, . . ". ~,....'.'" portion ,,',',( ;.'F, . Any ordinance or rueolutlon of tho To~ nE Squthold nl>praprinLlng monny ',..' ',,,. ':~'~ of ~ranaferrtn~ funda, proq~ffl~ng or guoranCutllng tho payment of ' ' ' ):money or purhor~ztng the : ', '" ,::,~ ~$euanca and du/~very of any bond of the ". '.'.'. ", , ,, . · '..' - · . -- '' ;~ ~ ',';I ~ ,l: - ' ' .' '." I" .' ' · ~ '" ~ .' Loca! lines, ord~nnncea or ro$o/ul:~.nn,~ nuthorIzfng t'he S:IIL,~' [{~Clfin Or' ~rans/'or o~ proporty, or any [;tlvl'uJ conJl','ll'J or obi Jgation. Il, 'l'Jlo Iovy ur [llq}osJlJall nE ~paclnl /IHBU,~HIII('II[:~I ], The dedication of property. ' 3. Any inca[ law~, ordinanen~ or reaoluelon$ relating to Ally ordinance or resell]lion amending the Zoning Hap adopl:cd by clio The I'o11~ Department Ru[~.~ and Rege]at~ons ()[ t'he 'l'o~ /Joard M, The Iligh[4ay Spo&lftcation$ approved [)y resolution of tho 'Pawn Board 3-t1-70. N. AHy nrdlnnnce or local ln~ adopted after 5-29-73. -14- § 1-5. Affect on peet"- usly adopt'ed legislation. in compiling and preparing t~e local laws, ordinances and rosolutions of tho town~'foe publication as the "Code of the Totzn of Soutbohl" ..~s distributed and desl~.nated in thc table tn ~ 1-2 hereof, m> changes in the ul(ulnl~l{~ or l~{lent: ~ 1-6. Sev,,r{]lJ i l 1 ty. If any clause, sentence, paragraph, section, ArLicle or part of this ArticLe or of any local law or ordinance cited in the table tn § 1-2 hereof shall be a¢{JudRed hy any court of competent jurisdiction to bc invalid, much Judgment shall mol affect, impair or invalidate tho rcmn[nder'thereof, but ~;h,~ll bc § 1-7, Copy of Code on file. A copy of the Code in loose-leaf form, has been filed in the office of the Town (~lerk of the 'Fowm~ o~ $outhold and shall rema[l~ there fo~' the usc.and exalnl~:ltlolm .[ the pLihllc un]ti final action ls tal<t,n on this Lo~'nl la~ an(I, [f legal law shall I)o ;idopked~ :illth ropy shall he cerkll-lt, d to hg the '[nwLt (Zlelk the Tmvn of Suut'hohl by h.pre~sl~[; lhereoll thc seal of th~' 'ruwn of y;ut~lhold, nmi such certified copy shall remain on file in the office of said '['utvtl (ilt'rk t. made available to pcrsons desiring to examine the same durin{; alt times tdtll~, the ~nid Code i~ in effect. Amendments ~o Code. Any and all additions, deletions, amendments or supplements to any of the i,~cnl l;,ws, ordinances alld resolutions knovn~ collectively ns the "(;od,Lc c]f tl]u '{'-W&~ of So. ti,old." or n.y nt'w local ]aw~ ordinances o,' Ft':.d{iliJOll-,j Wht'fl Ua/il'lei{ el' adopl(,d ii1 sIIch [IH'ITl ;l:l tO Illdlc;ilu tho }lll.('llt. l(,ll J~c[ude sut'h additions, deletions, amendments or supploltlCnts. WJiuilevof such nddltton~, tl~leLlon~, amendments or ~h~ple~onts Co tho Code si]nil be cnncl~,d or ;~doptud, they shall thereafter be pein]od nnd, ns provided hero~n~h~r;" · ' · inserted in the loose-leaf bank containing the snld Code, as nmtmdmtmLs nnd >Ul~pl~m, nts tb~.retn. Nothing cont;dn~d in this local 1{~ ~;hall ~{'I',,,:~ the llftlo[ldede (leleteif of Challge~[ frOllt time to time aN the Towll }lt{a'l'd dui,ms &':~irablo. I,~gl:,le(tttifl UL'll~lmsl[y adopted hy resolution may {)c, amended h)' Ira':l} law, urdln:mee or resolution, l,('gL~latlon orll~i,l~Lll), ndupkt'd hy ,~r,lln,'mrc lllay b~, ~.um~dud by luc{~l law or ordinance, l. egisiatinn o~'lglnnl ly ndoptc~d hy local Is.., mt,y hi, amended only by nnouher local ln~h ~ i-O, Code hook Lo be kept dp-to-date. IL shill{ bt! the dul'y i~f the 'town Clerk to keep ]lp-I'o-d~lt~ lih~ cerl'lfted copy of Lhc bank coutaiuini~ the "t:ode of the Town i)f ?,nillhold" n,q,mln,d filed Jn the eerier: of thc rowu (:lc, eli for the tlcil' l)[ [lip pul,lie. In said Code and nil local laws, ordlnnnccs and rosolutlomi To~ }]oar(I subsequent to the enactment of ~bls Article tn such form a:{ to lntll~ato the Intention of said To~ Board to be a part of said Code shall, tvhen flnnl ('nn~ted or adapted, be Included therein by temporary attachment of eopl. es of such d~anges or local laws,-ordinances or resolutions uDtil such h.ok, at wb[l'h List, such supplt'~L~enks shall Bt, inserted .~ 1-10. Salo of Coda book; supplemel~}~tion. Copies of the Code may bo purchased from the To~n Clerk of tho Town of Southold upon the payment of s fee in be scl by resolutlon of thc 'l'mm Board, v~htch t~ay also nrr:.nge hy resolution for procedures for Lhe periodic st. Pl~l~,,.tenl{]i. ion t ht.r£-of. -15- §'1-ll. Penultier r..~ offenses. Any [~erson who, without anthorization from the Towl] To%~ o~ Southo[d," oE who n~l~Es OV Lalllllt~-s Ivillt snch 'Cotll~ ill /lily Illllllllt!l- whatsoever which will cause the Legislation of the To~{ of Sotlthol. t} shall be guilty of an offense and shall, upon couvici:Lon t:hereof, ~oa fine of nec more ~han Uwo hundred filly dollars ($250.) or for a uerm of nec ,nose el{an fift'ecn'(k5) days, or both. § 1-12. Incorporation of provisions into Code. Tile provisions of this locsl law ara herehy made Chal~i. er 1 of "Code of £he To~-n of ~-~ ," to be entitled "General Provisions, Articlt~ Adoption of Code, [ an~ t%{e sections of thts local law shall be numbct'ed §§ l-l to 1-13 inclusiw~. § 1-13. W~en effective. This local law shall take effect immediately upon filing wl'~h the Secretary of State' of the State of New York. '. -16- (Complete the certification in the paragraph which applies to the filing of this local law nod strike out the matter therein which is not applicable.) (Final adoption by Ideal legislative body only,) 1, I hereby certify that the local law annexed hereto, designated as local law No......4. ............ of 19..~:~.. of the ~Xy _r Southold was duly passed by the Southold Town Board Town v ................................................................ i~ ;;~;"gi"£/;/;¥;;;;;"/~g~ ;/ ........................... on ...... .~.P.f;~3.'~.R~'...~:.~ ........ 19...~.~ in accordance with the applicable provisions of law. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer or repassage after disapproval.) 2. I hereby certifythat the local law annexed hereto, designatedas local law No .................... o~' 19 ........ County City of the Town of ...................................... was duly passed by ........................................................................................ (Name el Legislative Body) Village not disapproved on ................................................ .19 ........ and was approved by the ....................................................... repassed after disapproval £1eeti~ Chi~lr Ex~cu~iw Officer and was deemed duly adopted on .................................................... 19 ........ , in accordance with the applicable provisions of law. (Fiual adoption by referendum.) 3. I herebycertifythat thelocal law annexed hereto, designatedaslocal lawNo ................... of 19 ......... County City of ..................................... was duly passed by the ..................................................................................... of the Town ' (Name o! t.eglelatlve nod~) Village not disapproved on .................................................. 19 ........ and was approved by the .............................................................. repassed after disapproval Elective Chic! Executive Ollieer on ..................................................................... 19. ........ Such local law was submitted to the people by reason of a mandatory referendum and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on ...................................................... 19 ......... in accordance with fi~e appli- cable previsions of law. (Subject to permissive referendum and final adoption because no valid petition filed requesting referendum.) 4. I hereby certify tbat the local .law annexed berate, designated as local ]aw No ................... of 19. ......... County City of ......... was duly passed by the ............................................................................... on of the Town ............ (Name el Legislative l]ody) Village not disapproved ...................................................... 191 ....... and was approved by the ......................................................... on repassed after disapproval £1~c,lv~ Chiel E~ecutive Oflicer .............................................................. 19 ........ Such local law being subject to a permissive referendum and no valid petition r~questing such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ........ in accordance with the applicable pr. visions 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 chairman of the board of supervisors, the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local lows or ordinances. -17- (City Iocul law concerning Charter revision proposed by petition.) 5. I hereby certi fy that the local law annexed hereto, designated as local law No .....................of 19 ....... of the City of ........................................................................ having been submitted to referendum pursuant to the provisions of ~ ~7 of the Municipal Home Rule Law and having received the affirmative vote of a majority special of the qualified electors of such city voting thereon at the general election held on the .................................. ............... 19 ............ became operative. (If an)' 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 ........ 9..n.~. ............ above. Albert W. R. ichmond, Town Clerk Date: September 11, 1973. (Seal) : (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) Dated: September 11, 1973 STATE OF NEI¥ YORK COUNTY OF ....S.~[~..F....O..~..K.. ......................... 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 of the local law annexed hereto. (Tltl, otO(fi=,~.) Robert W. Tasker, Town Attorne' :ot of ..................................... Town -18- At a meeting of the Town Board of /he Town of Southoid held at the Supervisor~s Office, 16 South Street, Greenport, New York on the 23rd day of November, 1971. WHEREAS, this Board helda public hearing on the 28th d'~y of September, 1971, in the matter of the amendment of the town ordinance entitled "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Maps forming a par[ thereof at which time all interested persons were given an opportunity to be heard with respect to said matter, and WHEREAS, this Board now deems it in the public interest that said proposed amendments be enacted, NOW, THEREFORE, BE IT RESOLVED that "The Building Zone __ Ordinance of the Town of Sou/hold, Suffolk County, Ne~v York" together with the Building Zone Maps forming a part thereof consisting of six sections designated A to F inclusive and which ha~e'been signed by the members of this Board be amended as follows, to wit: By amending Article I0 to read as follows:" ARTICLE I PURPOSES - DEFINITIONS SECTION 100 - PURPOSES - There is hereby established a comprehensive zoning plan for the Town of Sou[hold, which plan is set forth in the text and map that constitute this ordnance. Said plan is adopted for the purposes set forth in Article 16 of the Town Law. which, in the interest of the protection and promotion of the public heaithj safety, and welfare, shall be deemed to specifically include the following. among others: 1. The facilitation of the efficient and adequate provision of public facilities and services; 2. The assurance of adequate sites for residence, industry, and commerce; 3. The provision of privacy for famihes; 4. The prevention and reduction of traffic conges- tion. so as to promote efficient and safe circulation of vehicles and pedestrians; 5. The maximum protection of residential areas; 6. The gradual ehmination of non-conforming uses; 7. The enhancement of the appearance of the Town of Southold as a whole; 8. The encouragement of flexibility.in the design and development of land in such a way as to promo[e the mort appropriate use of Lands to facilitate the adequate and economical provision of streets and utihties and to preserve the natural and scenic qualities of open lands; 9. The fostering and protection of agriculture and fisheries. SECTION 101 - DEFINITIONS - Unless otherwise expressly sta~ed, the foilowing terms shall for the purpose of this ordinance have the meaning herein indicated. Words used in the present tense include the future; the singular number includes the plural and [he plural [he singular; the word "person" includes a corporation as well as an individual; the word "Io~" includes the word "plot". The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged, or de- signed to be occupied or used": ACCESSORY- A building or use clearly incidental or subordinate to, and customary in connection with, the principal building or use on the same lot. BASEMENT -A story in a building, the structural ceiling level of which is four feet or more above the average level of finished grade where such grade abuts ~hat exterior ceiling level of which is four feel or more above the average level of finished grade where such grade abuts that exterior wall of such building which fronts on any street, and the floor level of which is below finished grade at any point on the periphery of the bhilding. BILLBOARDS-A sign, including the type commonly known as a billboard, which directs attention to a business, commodity, service, entertainment or attraction, soldj offered or existing elsewhere than upon the same Lot where such sign is displayed or only incidentally upon such lot. BOARDING AND TOURIST HOUSES-A building other than a hotel where lodging, with or without meals, for five or more persons is furnished for compensation. BUILDING-Any combination of materials forming any construction, except %vhere entirely underground, so as to permit the use of the ground above same as if no building was present; the term "building" shall include the term "structure" as well as the following: a. Signs; b. Fences; c. Walls, other than retaining waits projecting above the ground not more than 3 feet at the higher ground level and not more than 6-1/2 feet at the lower ground level; d. Radio and television receiving and transmitting towers and antennae, except for such antennae installed on the roof of a "building" and extending not more than 20 feet above the highest level of the roof of such "building", and e. Porches, outdoor bins and other similiar "struc- tures ". CELLAR-Any space in a building the structual ceiling Ievel of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A cellar shall not be considered in determining the permissible num- ber of stories. COURT, INNER-An open space enclosed on ail sides by exterior walls of a building. COURT, OUTER-An open space enclosed on three sides by exterior walls of a building COURT, OUTER, DEPTH OF-The linear average dim- ension measured from the unenclosed side of the court to the farthest wall thereof. COURT, OUTER, $VIDTH OF-The linear dimension of the unenclosed side of the court. CURB LEVEL-The established elevation of the street grade al the point that is opposite the center of the wall near- est to and facing the street line. -2- DWELLING, ONE-FAMILY-A detached building containing one dwelling umt only. DWELLING, MULTIPLE-A building or portion thereof containing three or more dwelling units. DWELLING, ROW OR ATTACHED-.~ one-family dwelling with two common or party walls separating it from adjacent units on both sides. DWELLING, TWO-FAMILY-A detached building containing two dwelling units only. DWELLING, SEMI-DETACHED-A one family dwelling with one wall in common with an adjacent dwelling. DWELLING UNIT-A building or entirely self- contained portion thereof containing complete house- keeping facilities for only one family, including any domestic servants employed on the premises and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facili- ties in common with any other "dwelling unit." A house trailer, a boarding or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn. lodging, nursing, or other similar home, or other similar structure shall not be deemed to constitute a dwelling unit. FAMILY-One or more persons occupying a dwelling unit as a single non-profit housekeeping unit. More than five persons, exclusive of domestic servants, not related by blood, marriage or adoption, shall not be considered to constitute a family. FLOOR AREA-The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, exclu- ding cellar and basement areas used only for storage for the operation and maintenance of the building. FLOOR AREA, LIVABLE-All spaces within the walls of a dwelling unit exclusive of garages, breezeways, un- heated porches~ cellars, heater rooms, and basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include ail spaces not otherwise excluded above such as: principal rooms, utiiity rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six feet from finished floor level to pitch of roof rafter with a clear height'0f seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space. -3- FLOOR AREA RATIO-The floor area in square feet of a[l buildings on a tot divided by the area of such lot in square feet. GARAGE. PRIVATE-A building used for the storage of one (1) or more gasoline or other power driven vehicles owned and used by the owner or tenant of the tot on which it is erected, and for the storage of not exceeding two (2) additional vehicles (not trucks) ow-ned or use~i by others. GARAGE, PUBLIC-Abuiiding other than a private garage used for housing or care of gasoline or other power driven vehicles, or where such vehicles are equipped for operation, repairs, or kept for remunera- tion,_ hire or sale. HOME OCCUPATIONS-This shall be understood to include the profes- sional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioner or a similar character or rooms used for home occupations mcluding home baking, millinery or similar handicrafts, PROVIDED that the office, studio or occupationa£ rooms are located in a dwelling in which the practitioner resides ~nd in a building accessory thereto, and PROVIDED further, no goods are publicly displayed on the premises and no sign or advertise- ment is shown other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation (words only) of the .practitioner. HOTEL-A building occupied as the more or less temporary abiding - place of individuals who are lodging with or without meals and in which there are more than ten (10) rooms usually occupied singly and no provision made for cooking in any room or individual apartment. HEIGHT-The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for fiat and mansard roofs, and to the mean hight between cave and ridge for other types of roofs. JUNK YARD-Land occupied or to be occupied for storage of Did wood, paper, cloth, or metal, including old automobiles, trucks, equipment, machinery, fixtures, and appliances not usable as origina£1y designed; and also including any portion of such old automobiles, trucks, equipment or machmery as are to may b,~ sold as and for jun_k or salvage. LOT-Any parcel of land, not necessarily coincident with a lot or tots shown ona map of record, which is occupied or which is to be occupied by abui£dingand its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appur- tenant to such buildings or group of buildings. LOT, CORNER-A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135 degrees. A lot abutting a curved street shall be deemed a corner tot if the tangents to the curve at the points of intersection of the side lot tines with the street tines intersect at an interior angle of [ess than 135 degrees. LOT, DEPTH-The minimum distance from the street tine of the lot to the rear lot line of such tot. LOT LINE-Any boundary of a tot other than a street tine. -4- LOT LINE, REAR-The lot line generally opposite to the street line; if the rear lot [[ne is less than 10 feet in length, or if the Lot comes to a point in the rear, th& rear lot line shall be deemed to be a line parallel to the front lot line not less than 10 feet long lying farthest from the front lot line. LOT WIDTH-The average distance 'between side lot tines taken at the front yard or set-back line and measured at right angles to the side lot lines or along a parallel to the street. i~LiNUFACTURING-Any process whereby the nature, size, or shape of articles or raw materials are changed, or where articles are assemb£ed or packaged. MAIN FLOOR-The largest area found by the pro- jection of a horizontalp£ane through the livable froot area which is enclosed by the exterior walls of the building. MARINA OR BOAT BASIN-Any premises con- raining one or more piers, wharves, docks, moorings, bulkheads, buildings, slips, basins~ or land under water designed, used or intended to be used primarily for the docking or mooring of boats for or without compensation. MOTEL-A building containing guest rooms each of which, or each pair of which, has a separate entrance leading directly from the outside of the building, with parking space conveniently located to each unit, and which is designed, used, or intended to be used primarily for the accommodation of motor vehicle transients. NON-CONFORI~IING USES-A non-conforming use is any use, whether of a building or tract of land, or both, existing on the effective date of this ordinance which does not conforn~ to the use regulations of the District in which it is Located. PRINCIPAL BUILDING-A building in which is con- ducted the main or principal use of the lot on which said building is located. PUBLIC WATER, PUBLIC SEWER-Communal sewage disposal systems and communal water supply systems approved by the Suffolk County Department of Health, and operated by a municipality or public agency. SIGN.-Any structure or part thereof, or any device attached to a building or painted or rep'resented ~hereon, which shall display or include any letter, wordj mode[~ banner, pennant~ insignia, device, trade flag, or represen- tation which is in ~he nature of, or which is used. as, an -5- announcement, direction or advertisement, for commercial purposes or otherwise. A sign includes a billboard and a neon tube, string of lights, or simi- lar device out£ining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations, or of any governmental agency, or of any political, educationaIj charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event. Excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing. SIGN AREA-Shall include ali faces of a sign measured as follows: (a) ~Vhen such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included; (b) When such sign consists only of letters, designs, or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be enscribed. STORY-That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor, or if there be no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. STORY, HALF-Any space partially within the roof framing, where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is 7 feet 6 inches or more. STREET-A street, improved to the satisfaction of the P[anning Board which is one of the following: an existing Town, County or State highway or street; a street shown on an approved Subdivision Final Plat; , a street shown on a map filed with the County Clerk (in accordance with Section 280-a of the Town Law) prior to Planning Board authorization to review subdivisions; a street shown on the Town Off,cia1 Map. STREET LINE-The dividing hne between a lot and a st-feet. STRUCTURAL ALTERATION-Any change in the supporting members of a building, such as beams, columns, or girders. -6- TRAILER-Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cook- ing. The term "trailer" shall include vehicles if mounted on temporary or permanent foundations with the wheels removed. TOURIST COTTAGE-A detached building having less than three hundred fifty (350) square feet of cross section area, designed for or occupied as living and sleeping quarters for seasonal occupancy. TOURIST CAMP-Any lot, piece or parcel of ground where two or more tents, tent houses, camp cottages, house cars or house trailers used as living or sleeping quarters are or may be located, said camp being operated for or without compensation, USABLE OPEN SPACE-An unenclosed portion of the ground of a lot which is not devoted to driveways, or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet, and which is available and accessible to ali occupants of the building or buildings on the said lot for purposes of active or passive outdoor recreation. USE, ACCESSORY-A use customarily incidental and subordinate to the main use on a lot, whether such "accessory use" be conducted in a principal or acces- sory building. YARD. FRONT-An unoccupied ground'area fully open to the sky between the street line. or by the street line established by the Official Map of the Town, or an approved Subdivision Plat, and a line drawn parallel thereto. YARD, REAR-An unoccupied ground area fuily open to the sky between the rear lot line and a line drawn parallel thereto. YARD, SIDE-An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line, and a line drawn parallel ~hereto between the front and rear yards. II. By amending Article II to read as follows: SECTION 200 - USE DISTRICTS - For the purpose of this ordinance, the Town of Southold, outside of the Incorporated Villagesj is hereby divided into districts designated as follows: -7- "A" RESIDENTIAL AND AGRICULTURAL DISTRICTS LIGHT MULTIPLE RESIDENCE DISTRICTS "M~I" GENERAL MULTIPLE RESIDENCE DISTRICTS "B" LIGHT BUSINESS DISTRICTS "B-1" GENERAL BUSINESS DISTRICTS "C" LIGHT INDUSTRIAL DISTRICTS "C- 1" GENERAL LIGHT INDUSTRLAL DISTRICTS SECTION 201 - ZONING MAP - The boundaries of the said districts are hereby established as shown on the Building Zone Map which accompanies, and which, with all explanatory matter thereon, is hereby adopted and made a part of and incorporated into this ordinance. Said map, indicating the latest amendments, shall be kept up to date and a copy thereof shall be kept in the office of the Building Inspector for the use and benefit of the pub- lic. SECTION 202 - DISTRICT BOUNDARIES - In determining the boundaries of districts shown on the zoning map, the following rules shall apply: I. Where district boundaries are indicated as approximately following the center lines of streets, high- ways, waterways or railroad rights-of-way or such lines extended, such center lines shall be construed to be such boundaries. 2. Where such boundaries are indicated as approxi- mately foliowing the property lines of parks or other publicly owned lands, such tines shall be construed to be such boundaries. 3. Unless otherwise shown, all district boundaries running parallel to streets shall be construed to be 200 feel back from the rights-of-way of said streets. 4. In all cases where a district boundary divides a lot in one ownership and more than 50% of the area of such lot lies in the less restricted district, the regulations prescribed by this ordinance for the less restricted district shall apply to such portion of the more restricted portion of said lot which lies within 30 feet of such district boundary. For purposes of this section, the more restricted district shall be deemed that district subject to regulations which: prohibit the use intended to be made of said [ot2 or require higher standards with respect Co coverag% yards, screening, land- scaping and similar requirements. -8- 5. In ail cases where a district boundary line is located not more than 15 feel from a lot line of record, such boundary line shall be construed to co- incide ~vith such lot line. 6. In ail other cases ~vhere dimensions are not shown on the map, the location of boundaries shown on the map shalI be determined by the use of the scale appearing thereon. 7. Unless shown on the zoning map, ali tidal lands and lands under %vater shall be deemed to be within the use district to which they are contiguous. SECTION 203 - EFFECT OF ESTABLISHMENT OF DISTRICTS - Following the effective date of this ordinance: 1. No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with ali regula- tionsj requirements, and restrictions specified in this ordinance for the district in which such building or land is located. 2. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot. 3. No lot shall be formed from part of a lot already occupied by a building un[ess such building; 'ali yards and open spaces connected therewith, and the remaining lot comply with all requirements prescribed by ~bis ordinance for Lhe distric~ in which said lot is £ocated. No building permit shall be issued for the erection of a building on any new io~ thus created unless such building and lot comply with ail the provisions of this ordinan_ce? 4. No~hing contained in this ordinance shall require any change in ~he plans, construction, or designated use of a building complying with the Zoning Ordinance in force prior to this Ordinance, if ~he following is found to exist; (a) A building permit shall have been duly issued and construction shall have been started before the effective date of this ordinance. (b) The ground story framework (including the second ~ier of beams) shall have been completed within six months of the date of the building permit; and (c) The entire building shall have been com- pleted in accordance ~vith such plans as have been filed with the Bui£ding Inspector within one year from the effective da~e of this ordinance. -9- 5. Any use not permitted by this ordinance shall be deemed to be prohibited. 6. Notwithstanding the limitations imposed by any other provisions of this ordinance, no building, dredging, or filling operation shall be permitted be- low the datum of mean high water of tidal waters un- less such building, dredging, or filling operations have been duly authorized and are conducted in con- formity with all laws, ordinancesj rules and regula- tions of all governmental agencies having jurisdiction thereof. III. By amending Article III to read as follows: ARTICLE III "A" Residential and Agricultural District SECTION 300 - In an "A" District, no building or premises shall be used, and no building or part of a building shall be erectedj or altered, which is arranged, intended, or designed to be usedj in whole or in part, for any uses except the following: A. Permitted Uses 1. One family detached dwellings, not to exceed one dwelling on each lot. 2. The following commercial agricultural operations and accessory uses, including irrigation, thereto, provided that there shall be no storage of manure, or other odor or dust-producing substance or use, except spraying and dusting to protect vegeta- tion, within 150 feet of any lot line. (a) The raising of field and garden crops, vineyard and orchard farmingt the maintenance of nurseries, and the seasonal sale of products thereof in Buildings subject to the following special requirements: I. All one-story buildings for display and retail sales of agricultural and nursery products grown primarily on the premises shall not exceed 1,000 square feet in floor area. Display of produce shaI1 be not less than 10 feet from ail street and lot lines. Any stand in excess of 100 square feet in floor area shall be set back 20 feet from the street line. Any stand in existence at the effective date of this ordinance must, within one year, comply with all of the provisions hereof. ii. All signs shall conform to the provisions of - Section 300 C 7 (b) -10- (b) Keeping, breeding and raising fowt, except ducks, and large domestic animals on lots of ten acres or more. (c) Keeping of horses and ponys owned and used by the owner of the premises for his personal use provided that the rand area devoted to such use shall not be Less than 40, 000 square feet. (d) Barns, storage buildings, and other related structures, provided such buildings shall conform to the yard requirements for principal buildings. (3) Buitdings, structures, and uses owned or operated by the Town of Southold. B. Uses Permitted by Special ]Exception by the Board of Appeals as herein provided. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to Site Plan approval by the I~lanning Board in accordance with Article k~V hereof. 1. Two family dwellings, conversion of existing buildings and new construction, not to exceed one such dwelling on each lot_ 2. PLaces of worship including parishkuses (but excluding a rectory or parsonage which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot kine. (b) The lotal area covered by all principal and accessory buildings shall not exceed 20% of the area of the Lot. 3. Private schoolsj colleges, and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by ail principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any such school shat[ be a non-profit organi- zation within the meaning of the Internal Revenue Act and shat1 be regis- tered effectively thereunder as such. -11- (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which %he building is designed. 4. Libraries, philanthropic~ eleemosynary or relig- ious institutions, hospitals, nursing and rest homes, or sanitaria for general medical care, but excluding facihties for the treatment of all types of drug addiction, subject to the following requirements: (a) No building or part thereof or any parking or loading area, shall be located within 100 feet of any street, or 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shal[ be 35 feet or 2-1/2 stories. (d) The entire tot, except areas occupied by buildings, parking or loading areas shall be suitably landscaped and properly maintained. (e) Sufficient exterior illumination of the 'site shall be required to provide convenience and safety. Ail such illumina- lion shall be shielded from the view of alt surrounding streets and tots. (f) Any nursing home, hospital, or sanitarium shall meet' the following standards: All buildings shall be of fire resistive construction; all such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health; patients suffering from communicable diseases shall not be permitted in any nursing home or sanitarium (communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York); 8,000 square feel of lot area shall be provided for each pmticnt bed. -12- 5. Public utility rights-of-way as %veil as structures and other installations necessary to serve areas within the Town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neigh- borhood in which the proposed structure is. to be constructed. 6. Fraternity houses, golf courses, annuai member- ship clubs, catering exclusively to members and their guests or other recreational facilities open to the public and acces- sory playgrounds, beaches, swimming poolsj tennis courts. and recreational buildings, subject to the following require- ments: (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Such use shall not be conducted for profit as a business enterprise. (d) No such use shalt occupy a lot with an area of less than three acres. (e) The direct source of ail exterior 'lighting shall be shielded from the view of surrounding residential lots. 7. Children's recreation camps organized primarily for seasonal use, subject to the following requirements: (a)No building, tent, activity area or recreation facility shall be less than 200 feet from any tot line, and shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, excegt tents, which shall be not less than 10 feet apart. (b)The minimum lot area shall be not tess than 10,000 square feet for each cottage, tent or other principal building, and not Iess than 3, 000 square feet of Iand area shall be provided for each person accommodated in the buildings or tents on the premises. (c) Ali outdoor lighting shall be arranged and/or shielded to eliminate the glare of lights toward nearby resi- dential tots, streets, or other public facilities. -13 - d. The sound level of all outdoor public address systems shall not exceed the intensity tolerable in a residential neighborhood. 8. Labor camps, including farm and non-farm, subject to the following requirement: ia) Ail farm labor camps on farms shat[ be constructed in conformance with applicable laws and shat[ not be located nearer to any other residence than it is Located to the residence of the employer except by specific review and approval of the }Board of Appeals. 9. Boat docking facilities for the docking, mooring, or accommodation of non-commercial boats, subject to the following requirement: ia) There shall be docking or mooring facilities for no more than two boats than those owned and used by the owner of the premises for his personal use. 10. Veterinarian offices and animal hospitals subject to the following requirement: ia) The housing of all animals shall be in a fulIy enclosed structure if nearer than 100 feet to any lot line.. 11. Cemeteries. 12, StabLes and riding academies_ 13. Funeral homes and undertaking establishments. 14. Yard sates, attic sa[es, garage sales, auction sales, ,or similar sales of personal property, provided that not more than one such sale shall be conducted on any lot in any one calendar year. C. Accessory uses, limited to the following: 1. Home occupations shall be understood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioner of a similar character or rooms used for home occupations including home baking, dressmaking~ millinery or similar handicrafts, PROVIDED that the office, studio or occupational rooms.are Located in a dwelling in which the practi- tioner resides and tn a building accessory thereto, and PROVIDED further, no goods are publicly displayed on the premises and no sign or advertise- ment is sho%wn other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation (words on[y) of the practitioner, prox~ided that: ia) No display of goods are visabte from the street. -14- '(b) Such occupation is incidental to the residential use of the premises and is carried on in the main buildinb by a resident therein with not more than one non-resident assistant. (c) Such occupation is carried on in an area not exceeding 30% of the area of one floor of the main building, (d) There shall be no exterior effect at the property line such as noise, traffic, odor, dust, smoke gas, fumes, or radiation. (e) That such office or studio is incidental to the residential use of the premises and is carried on by the resident and not more than one non-resident assistant; and (f) That such office or studio shall occupy not more than 30% of the area of one floor of the main building. (g) That studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one time or where concerts or recitals are held, are prohibited. 3. Garden house, tool house, playhouse, wading pooL, or swimming pool incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain-link (or similar type) fence of not more than 2 inch mesh not less than 4 feet in height erected, maintained and provided with a self-closing, self-locking, gate to prevent unauthori- zed use of the ,pool and to prevent accidents. However, [f said pool [s located more than four feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self-locking gate. Any swimming pool in existence at the effective date of the provisions of this paragraph shall within one year from such date, comply with all of the provisions hereof. -15- 4. Private garages, provided, however, that not more than two passenger automobi'le spaces in such garages may be [eased to persons not resi- ent on the premises. 5. The storage of either a boat or trai£er owned and used by the owner or occupant of the premises on which stored for his personal use, subject to the following requirements: (a) Such boat or trailer shallnot exceed 30 feet in length. (b) Such boat or trailer shall be stored only in the required rear yard, and the area occupied therefore, together with the area of aIlbuildings in the rear yard shall not exceed 40% of the area of the required rear yard. (c) Such boat or trailer shall not be located ~vithin 15 feet of any street or lot line. 6. Horses and domestic animals other than dogs, shall not be penned or housed within 50 feet of any lot line. Housing for flocks or more of 25 fowl shall not be constructed within 50 feet of any line. 7. The fotlowing signs, subject to the supplementary sign regulations hereinafter set forth. (a) One indirectly illuminated nameplate or professional sign not more than two (2) square feet in area. (b) Not more than three signs with a combined total area of not more than seventy-two (72) square feet no one of which shali be targer than 4 feet by 6 feet in size, advertising onlythe sale of farm, garden or nursery products produced or grown on the premises or of animals raised on the premises; -16- (c) One real estate sign, either single or doub£e faced, not targer than three (3) feet by four (4) feel in size on any one or more lots, advertising the sale or lease of only the premises on which it is main- tained and setback not less than 10 feet from any lot kine, (d) One sign, either single or double faced, not exceeding twenty-four (24) square feet in size, setback at [east thirty-five (35) feet from the street line and ten (10) feet from either side £ine, advertising the sale or lease of acreage or the sale of lots in a subdivision having a continuous frontage of 500 feet or more. (e) One bu£1etin board or other announce- ment or zdentification sign for uses permitted in Section 300 B. 2, 3, 4, 6, 7, and 10 hereof, not more than 32 square feet in area, located not less than 5 feet from any street or lot line. (0 Such other signs as may be authorized as a special exception by the Board of Appeals as hereinafter provided. SECTION 301 - LOT AREA, YARDS, OPEN SPACES, FLOOR AREA, AND PARKING REQUIREMENTS: No building or premises shatl be used, and no building or part thereof shall be erected or altered in the "A" Residential and Agricul~urat District unless the same conforms with the "Bulk and Parking Regulation ScheduLe '~ incorporated into this ordinance by reference, with the same force and effect as if such regulations were set forth herein in full. SECTION 302 - ACCESSORY BUILDING: In the "A" Residential and Agricultural District, accessory buildings and structures, or other accessory uses may be located in the required rear yard~ subject to the following requirements; 1. Such buitdings shall not exceed eighteen (18) feet in height. 2. Such buildings shallbe set back not less than three (3) feet from any tot tine. 3. Alt such buildings in the aggregate shall occupy not more than forty (40) percent of the area of the required rear yard. -17- SECTION 303 - ESTABLISHED FRONT YARD SET-BACK - Where property in the vicinity is improved with permanent dwellings with a front yard area of more or less than that required by the provisions of this ordin- ance, the front yard set-back shall be the average setback of the existing dwellings within 300 feet of the proposed dwelling, on the same side of the street, within the same block, and the same use district. SECTION 304 - CORNER LOTS - On a corner Lot. front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yards. No obstruction to vision exceeding 30 inches in height above curb level shall be erected or maintained at street inter- sections within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection. SECTION 305 - FENCES, WALLS & HEDGES - Subject to the provisions of Section 304, fences, walls, hedges, or other live plantings within 5 feet to property line may be erected and maintained subject to the following height [imitations: (a) When located in the front yard, aIong front yard property line, the same shall not exceed three (3) feet in h~ight. · ' (b) When located along side and rear lot lines the same shall not exceed 6-1/2 feet in height. (c) When located other than in the front yard area or along side or rear lot lines, the same s_ha[t not exceed eight (8) feet in height. (d) Fences, walls or other permanent structures shall not be closer than 6 inches to property line. Hedges and plantings shall not be closer than two (2) feet to property Line. IV. By renumbering ArLicle III B to be ArticLe IV and amending the same to read as follows: ARTICLE IV "M" LIGHT MULTIPLE RESIDENCE DISTRICT SECTION 400 - In an "M" District, no building or premises shall be used, and no bu~[ding or part of a building shall be erected, or altered which is arranged, intended, or designed to be used, in whole or in part, for any use except the following: -18- A. Permitted Uses 1, Any permitted use set forth in and as regulated by Section 300 A of this ordinance. 2. Multiple dwellings designed for and occupied by not more than four (4) families. 3. Boarding and tourist houses. B. Uses permitted by Special Exception by the Board of Appeals, as hereinafter provided. The following uses are permitted as a Special Except[on by the Board of Appeals as hereinafter provided and subject to Site Plan approval by the Planning Board in accordance with Article XIV hereof. 1. Any Special Exception use set forth in and as regulated by Section 300 B of this ordinance. C. Accessory Uses 1. Any accessory use set forth in and as regnlated by Section 300 C of this ordinance. 2. Accessory uses on the same lot with and customarily incidental to any permitted use and not [nvc~lving a separate business. 3. Signs, subject to the fo[lowing requirements: (a) One advertising sign, either single or double faced, not more than fifty (50) square feet in area, the lower edge of which shall not be less than four (4) feet above the ground, exclusive of pillars and posts, and the upper edge of %vhich shall not project more than 15 feet 6 inches above the ground. -19- (b) Such sign shall advertise only the business conducted on the premises upon which it is located. (c) Such sign shaIl be set-back not less than five (5) feet from all street and tot lines. (d) Such sign shall compty with all of the supplementary sign regulations hereinafter set forth. SECTION 401 - LOT AREA, YARDS, OPEN SPACES, FLOOR AREA, AND PARKING REQUIREMENT: No building or premises shall be used, and no building or part thereof shall be erected or altered in the "M" Light Multiple Residence District' unless the same conforms with the "Bulk and Parking Regulation Schedule" incorporated into this ordinance by reference, with the same force and effect as if such regulations were set forth herein in full. V. By renumbering Article III A to be Articie V and amending the same to read as follows: ARTICLE V "M-i" GENERAL MULTIPLE RESIDENCE DISTRICT SECTION 500 - In an "M-I" District, no building or pre- mises shall be 'used, and no building or part of a building shalt be erected, or altered, which is arranged, intended or designed to be used, in whole or in pa~t, for any use except the following: A. Permitted Uses 1. Any permitted use set forth in and as regulated by Section 300 A and Section 400 A of this ordinance. B. Uses Permitted by Special Exception by the Board of Appeals as hereinafter provided. The foLLowing uses are permitted as a Special Exception by the Board of Appeals as hereinafter provided and subject to Site Plan approval by the Planning Board in accordance xvith Article .-TIV hereof. -20~ 1. Any speciat exception use set forth in and as regulated by Section 300 B of ~his ordinance. ~'=. 5%arinas for the docking, mooring, or accommodation of non-commercial boats. 3. Muttip[e dwetlings 4. Hotels and Motels 5. Tourist Camps Accessory Uses i. Any accessory use set forth in and as regulated by Section 300 C and 400 C of this ordinance. 2. Accessory uses on the same lot with and custo- marily incidentat to any permitted use and not involving a separate business. SECTION 501 - LOT AREA, YARDS, OPEN SPACES, FLOOR AREA, AND PARKING REQUIREMENT: No building or premises shall be used, and no building or part thereof shall be erected or attered in the "NI-i" General Multipte Residence District un[ess the same conforms with the "Bulk and Parking Regutation Schedule" incorporated into this orc{[nance by reference with the same force and effect as if such re=erulations were set forth herein in fulL. SECTION 502 - BUILDING LENGTH & SEPARATION - No building shall exceed 125 feet in length. The minimum distance between principat buildings sha~£ be equa[ to 2 times the height of the highest building, and the minimum distance between a principat and an accessory buitd[ng shall be 20 feet. Any inner court sha[t have a minimum -21- dimension of 60 feet and any outer court shah have a minimum dimension of 20 feet and its depth shaLi not exceed its width. VI. to read as follows: By renumbering Article 1-V B to be Article VI and amending the same ARTICLE "B" LIGHT BUSINESS DISTRICT SECTION 600 - In a "B" District, no building or premises shall be used, and no building or part of a building shaI1be erected, or altered, which is arranged, intended, or designed to be used, in whole or in part, for any uses except the fo£1o~ving: A. Permitted Uses 1. Any permitted use set forth in and as regulated by Section 300 A, Section 400 A, and Section 500 A of this ordinance. offices. 2. Business, professional and governmental 3. Banks and financial ~nstitutions 4. Retail stores 5. Restaurants 6. Bake Shops (for on-pre_raises sale at retaiL) 7. Laundromats and similar establishments 8. Personal service stores and shops 9. Marinas for the docking, mooring, and accommodation of non-commercial boats including the sale of fuel and oil primarily for the use of boats accommodated in such marina. -22- B. Uses Permitted By SpeciaI Exception by The Board of Appeals As Hereinafter Provided The fo£Iowing uses are permitted as a Special Exception by the Board of Appeals as hereinafter provided, subject to Site Plan Approval by the Planning Board in accordance with Article XIV hereof. 1. Any special exception use set forth in and as regulated by Section 300 ]3 and Section 400 B and Section 500 B of this ordinance. C. Accessor~r Uses 1. Any accessory use set forth in and as regulated by Section 300 C, Section 400 C, and Section 500 C of this ordinance. 2. Accessory uses on the same lot with and customarily incidental to any petal/ted use and not involving a separate business. 3. Signs, subject to the following requirements: (a) DETACHED OR GROUND SIGNS- One (i) Sign, single or double faced, not more than six (6) feet six (6) inches in height, and twelve (12) feet six (6) inches in width, the lower edge of which shall be not tess than four (4) feet above the ground and the upper edge of which shall not extend more than fifteen (15) feet six (6) inches above the ground, which sign shall be set back not less than five (5) feet from ail street and property lines and shall vertise only the business conducted on the premises. (b) WALL SIGNS - One (I) sign attached tc or incorporated in each building wall on a public street and advertising only the business conducted in such building, provided such sign does not: -23- ( i. Exceed two (2) square feet in total area for each horizontal foot of such %vall0 and ii. Exceed in width one hundr'ed (100) percent of the horizontal measurement of such wall. iii. Exceed ten (10) feet in height, and iv. Project more than one (1) foot from such wait. (c) ROOF SIGNS - In lieu of a wall sign authorized by the preceding' subdivision (b). a roof sign shall be permitted provided the same is attached to or incorporated in a roof, which sign shaIl adver- tise only the business conducted in the building upon which it is attached, and provided that such sign does not: i. Exceed two (2) square feet in total area for each lineal foot of such roof, and ti. Extend above the highest point of the roof in the case of a pitched roof, and in other cases exceed two (2) feet six (6) inches in height above the highest point of the roof, and iii. Project beyond the edge of the roof. SECTION 601 - LOT AREA, YARDS, OPEN SPACES, FLOOR AREA, AND PARKING REQUIREI~IENTS: No building or premises shall be used. and no building or part thereof shall be erected or altered in the "B" Light -24- Business District unless the same conforms with the "Bulk and Parking Regulation Schedule" incor- porated into this ordinance by reference, with the same force and effect as if such regulations were set forth herein in full. SECTION 602 - RETAIL SHOPPING CENTERS- Notwithstanding any other provisions of this article a building or a combination of buildings containing retail stores, mercantile establishments, offices, banks, and financial institutions, commonly known as shopping centers, may be erected or altered in the "B " Business District, subject, 'however, to the following requirements: 1. Approval of Site Development Plans by the Planning Board in accordance with Article XIV hereof. 2. The lot area shall be not less than one (I) acre, and the lot width shall be not tess than 150 feet. 3. At least twenty-five (25) percent of the lot area shall be landscaped with grass and plantings. 4. The required front yards shall be not less than thirty-five (35) feet except that where the property in the vicinity is partly buil~ up with per- manent buildings and an average set-back line has been established, no buildings shall projec~ beyond the line of the average setback so established. 5. The required side yards shall be not Less than twenty-five (25) feet. 6. The required rear yard shall be not less than twenty-five (25) feet. 7. Parking shall be provided in offstreet paved parking areas which shall provide for one (1) parking space, three hundred thirty-four (334) square feet in area, for each one hundred (100) square feet -25 - of sales floor area or office floor area in each building. 8. All rainfalI and storm water accumu- lated on the premises shall be returned to the ground within the boundaries of the premises. 9. The total floor area for each retail or service establishment located therein shall not exceed 10,000 square feet. SECTION 603 - USES CONFINED TO BUILDINGS - All uses permitted in a "B" District including the dis- play and sale of merchandise and the storage of all property shaII be confined to fully enclosed bui£dings On the premises. VII. By renumbering Article IV A to be Article V-ii and amending the same to read as follows: ARTICLE VII "B-I" GENERAL BUSINESS DISTRICT SECTION 700 - In the "B-l" District, no building or premises shalibe used, and no building or part there- of shall be erected or altered, which is arranged, intended, or designed to be used, in whole or in part, 'for any uses except the following: A. Permitted Uses 1. Any permitted use set forth in and as regu- lated by Section 300 B0 Section 400 B, Section 500 B, Section 600 B and Section 602 of this ordinance. B. Uses Permitted by Special Exception by the Board of Appeals As Hereinafter Provided. The following uses are permitted as a Special Exception by the Board of Appeals as hereinafter provided subject to Site Plan Approval by the PlanningBoard in -26- accordance with Article XIV hereof. 1. Any special exception use set forth in and as regulated by Section 300 B and Section 500 B. 2. Places of amusement 3. Fishing stations 4. Public garages, gasoline .service stations, and new and used car tots, all subject to the foitowing requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not more than 30 feet, and shall be located not less than 10 feet from any property line and shall be so laid out as to avoid the necessity of any vehicle hacking out across any public right-of-way. (b) Veh[c£e tiffs or pits, dismantled automobiles, and ali parts or supplies shall be Located within a bui£ding. (c) All service or repair of motor vehicles other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (d) The storage of gasoline or flammable oils in bulk shalI be located fully underground and not less than 35 feet from any property tine other than the street tine. (e) No gasoline or fuel pumps or tanks shall be located [ess than 15 feet from any street or property Hm,. (f) No motor vehicie sales, used car tots, -27- gasoline service or repair shops, or similar businesses are to be located within 300 feet of a church, public school, library, hospital, orphanage, or a rest home, or within 300 feet of any residence district. C. Accessory Uses 1. Any accessory use set forth in and as ten-u- tared by Section 300 C, Section 400 C. Section 500 C, and Section 600 C of this ordinance. 2. Accessory uses on the same lot with and customarily incidental to any permitted use and not in- volving a separate business. SECTION 701 - LOT AREA, YARDS, OPEN SPACES, FLOOR AREA, AND PARKING REQUIREMENT: No building or premises shall be used, and no building or part thereof shall be erected or altered in the '~]B-i" General Business District unless the same corforms with the "Bulk and Parking Regulation Schedule" incorporated into this ordinance by reference, with the same force and effect as if such regulations were set forth herein in full. VIII. By renumberingArticle IV to be Article VIII and amending the same to read as follows: ARTICLE VIII "C" LIGHT INDUSTRIAL DISTRICT SECTION 800 - In a "C" District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arrangedj intended, or designed, to be used. in whole or in part. for any purpose, except the following: A. Permitted Uses 1. Any permitted use set forth in and as regulated by Section 300 A, Section 400 Ak, Section 500 A, Section 600 -A, Section 602, ':and Section 700A of .this ordinance. B. Uses Permitted, by Special Exception by the Board of Appeals as hereinafter provided, subject to Site Plan Approval b,y the Plann[n.~ Board in accordance with Article _XIV hereof. 1. Industrial uses inctuding manufacturing, assembling, converting, altering, finishing, cieaning, or other processing, handling, or storage of products or materials, involving the use of onty oi[, gas or electricity -28- for fuel. 2. Research, design, and development laboratories; office buildings. 3. Whotesale storage and warehousing. 4. Building contractors yards. 5. Public utility structures and uses. 6. Newspapers and printing establishments. 7. Bus and truck terminals (garages, parking facilities, Loading docks, etc,) 8. Food processing and packaging plants. 9. l~{arinas for docking and mooring a£i types of boats. 10. Launching facilities. 11. Ferry terminals 12. Yacht clubs, charter fishing docks. 13. Eating and driaking estabtishments. 14. Retail sa[es of boats and marine items. 15. Boat building, boat servicing, boat slorage facilities. 16.. Yards for sale and storage of fuel and building materials. C. Special Exception Uses 1. Any special exception use set forth in and as regulated by Section 300 B, Section 400 B, Section 500 B, Section 600 B, and Section 700 B of this ordinance. -29- 2. Accessory uses on the same lot with and customarity incidental to any permitted use and not involving a separate business. SECTION 801 - LOT AREA, YARDS, OPEN SPACES FLOOR AREA, AND PARKING REQUIREMENT: No building or premises shallbe used, and no building or part thereof shal£ be erected or altered in the "C" Light Industrial District un[ess the same conforms with the "Bulk and Parking Regu£ation ScheduLe" incorporated into this ordinance by reference, with the same force and effect as if such regulations were set forth herein in full_ IX. By renumbering Article V to be Article IX and amending the same to read as follows: ARTICLE IX "C-1" GENERAL INDUSTRIAL DISTRICT SECTION 900 - In the IIc-l" District. buildings arid premises may be used for any lawful purpose except that the uses hereinafter set forth are permitted only by Special Exception by the Board of Appeals as hereinafter provided, and are subject to site plan approval by the Planning Board in accordance with Article XIV hereof. 1. Abattoirs. 2. Acetylene gas manufaeture or gas manufacture from coke, petroleum or from any other product or the store, ge thereof. 3. Acid manufacture 4. Ammonia, bleaching powd~er or chlorine manufacture 5. Arsenal 6. Asphalt manufacture, and asphalt mixing plants 7. Bias[ furnace 8. Cement, limej gypsum or plaster of paris manufacture ready mix or bulk cQncrete plants and block manufacturing. 9. Coke ovens 10. Crematories 11. Dis[ilia[ion of bones -30- 12. 13. 14. 15. 16. 17. dumping. 18. Dwellings, ali types. Explosivesj manufacture or storage. Fat rendering. Fertilizer manufacture. Fire works manufacture. Garbagej offal or dead animalsj reduction or Glue, size or gelatin manufacture. 19. Gunpowder manufacture or storage. 19A., Automobile wrecking and all other junk yards. 20. Oilcloth or linotaum manufacture. 21. Oiled, rubber, or leather manufacture. 22. Ore reduction. 23. Paint, oil, shellac, turpentine or varnish manufac- 24. Paper and pulp manufacture. 25. Petroleum refining, storage tanks. 26. Potash works. 27. RolIing mill. 28. Rubber or gutta-percha manufacture. 29. Salt works. 30. Sauerkrau~ manufacture. -31- 31. Shoe blacking or stove polish manufacture. 32. Smelting. 33. Soap manufacture. 34. Stockyards or slaughter houses. 35. Stone mill or quarry. 36. Structural steel or pipe works. 37. Su[phuric, nitric, or hydrochloric acid manufacture. 38. Sugar refining. 39. Tar distillation or manufacture. 40. Tar roofing or waterproofing manufacture. 41. Taliow0 grease, or Lard manufacture. 42. Tanning, curing, or storage of rawhides or skins. 43. Tobacco (chewing) manufacture or treatment. 44. Vinegar manufacture. 45. Yeast plant. 46. Airports and Airfields. SECTION 901 - SPECIAL EXCEPTION USES & SITE PLAN APPROVAL - Notwithstanding any of ~he pro- visions of this Article IX, where a use is permitted in any use district only as a special exception by the Board of Appeals, such use is not permitted ina "C-l"Distric[ except as a special exception by the Board of Appeals, and where a use in any use district is subjec~ to site plan ap- proval of the Planning Board, such use in a "C-I" District shall require site plan approval of the Planning Board. -32- SECTION 902 - SIGNS - Signs specified in and as regulated by Section 600 C of this ordinance are permitted in a "C-I" District. SECTION 903 - LOT AREA, YARDS, OPEN SPACES, FLOOR AREA, AND PARKING REQUIREMENT: No building or premises shall be used, and no building or part thereof shall be erected or altered in the "C-l" General Industrial District unless the same conforms with the "Bulk and Parking Regulation Schedule" incorporated into this ordinance by reference, with the same force and effect as it such regulations were set forth herein in full. X. By renumbering Article VI to be Article X and by renumbering and amending the sections of said article to read as follows: 1. Section 600 renumbered Section 1000 2. Section 601 renumbered Section 1001 3. Section 604 renumbered Section 1002 and the words "' VI" Arhcle in said Section to be amended to read "This Article." adding a New Article to be Article ~ and amending the same to read as follows: ARTICLE XI SU PPLEI%,IENTARY PROVISIONS SECTION 1100 - SIGNS - The provisions of this Section shall apply in ail districts. I. No sign, billboard, advertising, display or structure, poster or devise shall be erected, moved, enlarged or recon- structed except as expressly permit+_ed in this ordinance. 2. The following types of signs or artificial lighting are prohibited:' (a) Billboards (b) Flashing signs, including any sign or device on which the artificial light is not mainfained stationary, and constant in intensity, and color, at ali times when in use. (c) Si~.~ms which compete for attention with, or may be mistaken for a traffic signal. (d) The outlining by direct illumination of all or an}, part of a building such as a gable, roof, side wall or corner. (e) Signs made out of cardboard, paper, canvas or similar impermanent material. -33- SECTION 1101 - OFF-STREET PARKING RE- QUIREMENTS - Off-street parking spaces open or enclosed, are permitted accessory to any use subject to the following provisions: 1. Schedule of Parking Requirements: ,kccessory off-street parking spaces, open or enclosed, shall be provided in all use Districts for any use specified below. Any land which is developed as a unit under single owner- ship and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fail within the categories listed be- low shall be determined by the Planning Board upon con- sideration of ali factors entering into the parking needs of each use. At Least One Parking Space for Each Places of worship libraries, and other public buildings. 200 square feet of floor area, but not less than one space for each five seats where provided. Golf courses and other country clubs 2 members or accommodations (such as lockers) whichever is greater. Secondary Schools Two spaces per classroom plus one space for each 5 seats in any auditorium bt p£ace of assembly. Elementary Schools Two spaces per classroom plus one space for each five seats in any auditorium or other place of assembly. Hospttals, sanitaria, nursing homes, philan- thropic, or eleemosynary institutions. 1 bed Rooming Houses Guest room. -34- For At Least One Parking Space for Each Eating and Drinking places 5 seats Undertakers and Funeral Homes Employee; plus 25 spaces for each chapel. Hotels and Motels Guest room plus one for each employee. Bowling alleys 5 per al£ey. Home occupation or accessory professional office except physicians and dentists 3 spaces per each home occupa- tion or accessory professional office. Professional offices of physicians and dentists 5 spaces per each physician or dentist. 2. Areas Computed as Parking Spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport, or other area available for parking, other thana street or a driveway. However, a driveway within a required front yard for a one- family or two-family residence may count as one parking space, other than ona corner lot. 3. Size of Spaces. Three hundred and fifty square feet shall be considered one parking space (to provide room for standing area and aisles for maneuvering). Entrance and exit lanes shall not be computed as parking space except for driveways for one-family and two-family residences. The minimum parking stall width shall be ten feet, and the minimum length shall be 20 feet. 4. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one 10-foot lane for parking areas with tess than 20 spaces, and at least two 10-foot lanes for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area shall he located within 50 feet of any street intersection. -35- 5. Drainage and Surfacing. Alt open parking areas shall be property drained within the premises and all such areas shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two- fa mily residence. 6. Joint Facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for ali such establishments. 7. Combined Spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the ex- tent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation , the Ptanning Board may reduce the total parking spaces required for that use with the least requirement. 8. Location and Ownership. Required accessory parking spaces, open or enclosed, shalIbe provided upon the same lot as the use to which they are accessory or elsewhere, provided a11 spaces therein are tocated ~vithin 200 feet walking distance of such tot. In all cases such parking spaces shall conform to ali the regulations of the district in which the parking spaces are located; and in no event shall such parking spaces be located in any Residence District unless the use to which the spaces are accessory are permitted in such residence districts or upon approval by the Board of Appeals. Such spaces shall be in the same ownership as the use to ~vhich they are accessory and shall be subject to deed restriction, approved by the Board, binding the owner and his heirs and assigns to maintain the requk-ed number of spaces available either (a) throughout the existence of such use to which they are accessory, or (b) unti[ such spaces are provided elsewhere. 9. On Lots Divided by District Boundaries. When a -36- parking lot is £ocated partly in one district and partly in another district, the regulations for the district re- quiring the greater number of parking spaces shall apply to ali of the lot. Parking spaces on such a lot may be located without regard to district lines, pro- vided that no such parking spaces shall be located in any Residence District, unless the use to which they are accessory is permitted in such district, or upon approval of the Board of Appeals. 10. Parking Regulations in Multiple Dwelhn~ or Attached Dwelling Developments. Wherever space is provided for the parking of 5 or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. No parking space shalI be located in any front yard or within 10 feet of any line in side or rear yards. The parking of motor vehi- cles is prohibited within 15 feet of any wail or portion thereof of a two or more family dwelling, which wall contains windows (other than bathroom or kitchen win- dows) with a sill height of less than 8 feet above the ievel of the said parking space. No service of any kind shall be permitted to be extended to users of the tot, including automobile service, repair or fueling, 'and no gasoline, oii, grease or other supplies shall be stored or sold in any such lot or in any garage on such lot. Parking areas shall be screened by a substantial wall, fence, or thick hedge, approved by the Plarir~ingBeard, Generally such screening shall not be less than 3 or more than 8 feet in height. 11. Re~lations for Parking Spaces Adjacent to Lots in Any Residence District. (a) Wherever a parking area of over 5 spaces abuts or is within 15 feet of the side or rear lot line of a lot in any Residence District, tile said parking lot shall be screened from such adjoining lot by a substantial wall, fence, or thick hedge, approved by the Planning Board. Generally such screen shall be not less than 3 or more than 8 feet in height. -37 - (b) Whenever a parking area of over 5 spaces is located across the street from other land in any Residence District, it shall be screened from the view of such land bya thick hedge, wall or fence approved by the Planning Board, located alonga line drawn paratlel to the street and a distance of 20 feet therefrom; such screening to be interrupted onty at points of ingress and egress. Generally no such screening shall be less than 3 feet or more than 6 feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of 3 square feet each. 12. Driveways. No driveway shall provide access to a lot located in another district, which lot ~s used for any use prohibited in the district in which such drive~vay is located. 13. Commercial Vehicles. (a) One commercial vehicle not exceeding 25 feet in tength may be parked on an occupied lot in any Residence District. but not %vithin the required yards of such lot and in no case between the street line or side lines and the principal building. (b) One commerciaI vehicle mot exceeding 25 feet in length may be parked within a private garage in any Residence District. (c) Commercial farm vehicles are permitted as accessory to a commercial farm use in any Residence District. SECTION 1102 - OFF-STREET LOADING REQUIRE- MENTS - Off-street loading berths, open or enclosed, are permitted accessory to any use (except one-or two-family residences) sub3ect to the fo[lowing provisions: -38- 1. Uses for Which Required. Accessory off-street loading berths shah be provided for any use specified be- low. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of such loading requirements. (a) For a public library, museum, or similar quasi-public institution, or governmental building, com- munity center, hospital or sanitarium, nursing or conva- lescent home, institution for children or the aged, or school, with floor area of 10,000 square feet, 1 berth; for each additional 25,000 square feet or fraction there- of, 1 additional berth. (b) For buildings with professional, govern- mental, or business offices, or laboratory establishments, with floor area of 10, 000 to 25,000 square feet, 1 berth; for each additional 25,000 square feet or fraction thereof up to 100. 000 square feet. 1 additional berth; for each addltionai 50,000 square feet or fraction thereof, 1 addi- tional berth. (c) For buildings with offices and retail sales and service establishments. 1 berth for 8,000 to 25, 000 square feet of floor area. and 1 additional berth for each additional 25,000 square feet of floor area or fraction thereof so used.. (d) For undertakers and funeral homes, 1 berth for each chapeL. (Such berths shall be at least 10 feet wide and 20 feet long.) (e) For hotels, 1 berth for each 2,500 square feet of floor area. (f) and for dry-cleaning and rug cleaning establishments and laundries, 1 berth for 5,000 to 10, 000 square feet of floor area in such use, and 1 additional berth for each additional 20, 000 square feet of floor area or fraction thereof so used. In addition, adequate reservoir parking for waiting trucks shall be provided. For manufacturing, wholesale and storage uses, 2. Size of Spaces. Each required loading berth shall -39- be at least 12 feet wide, 14 feet high, and in no event smaller than required to accommodate vehtcles nor- really using such berths. 3. Location and Access. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking £ot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in subdivision 4. No entrance or exit for any off-street loading area shall be located within 50 feet of any street intersection. No off-street loading berth shall be located in any re- quired front yard. 4. Joint Facilities. Permitted or required Ioading berths, open or enclosed, may be provided in spaces de- signed to serve jointly 2 or more adjacent establishments provided that the number of required berths in such joint facilities shall not be tess than the total required for ali such facilities. 5. On Lots Divided by District Boundaries. W~nen a lot is located partly in one district and partly in another district, the regulations for the district requiring ~he greater number of loading berths shall apply to all of the lot. Loading berths on such a lot may not be located in any Residence District, unless the use to which they are accessory is permitted in such district, or upon the approvalb~ the Board of Appeals. SECTION 1103 - PROHIBITED USES IN ALL DIS- TRICTS - The following uses are prohibited in ali districts: 1. Any use which is noxious, offensive or objection- able by reason of the emission of smoke~ dust, gas, odor or other form of air pollution or by reason of the deposit. discharge or dispersal of liquid or solid wastes in any foL'cc. in a manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area, or by reason of the creation of noise, vibration, electro- magnetic or other disturbance, or by reason of illumination -40- by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates, or which involves any dangerous fire explosive, radioactive or other hazard, or which causes injury, an- noyance or disturbance to any of the surrounding proper- ties or to their owners and occupants, and any other pro- cess or use which is unwholesome and noisome and may be dangerous or prejudicial to hem[th, safety or general welfare, except where such activity is licensed or regu- lated by other government agencies. 2. Artificial Iightin~ facilities of any kind with light sources visible beyond the lot lines which create glare beyond such lines. 3. Carnivals and circuses and related activities excep~ for m temporary period on special license from the Town Board. 4. Junk yard or refuse disposal site, except a refuse disposal site established as an official Town Refuse Disposal Site or duly authorized as a refuse disposal site by the Town Board. 5. Uses involving primary producLion of the following products from raw materials: (a) Charcoal, and fuel briquettes. Chemicals: aniline dyes, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxy- gen, industrial alcohol, nitrates of an explosive nature, potash, plastic materials and synthetic resins, pyroxiin, rayon yarn, and hydrochloric, nitric, phosphoric, picric, and sulphuric acids. Coal, coke andlar products, including~ gas manufacturing; explosives; gelatin glue, and size (animal); linoleum and oil cloth; matches, paint, varnishes, and turpen- tine; rubber (natural or synthetic); soaps, including fat ren- dering; starch. 6. The following processes: nitrating of cotton or or o~her materials; milling or processing of flour, magnesium foundry; reduction, refining, smelting and alloying metal or (- metal ores; refining secondary aluminum, refining petroleum products, such as gaso£ine, kerosene, naptha, lubricating distillation of wood or bones, reduction and processing of wood putp and fiber; including paper mill operations. 7. Operations involving stockyards, s~aughter houses, and s£ag pi[es. 8. Storage of exptosives. 9. Quarries XII By renumbering Article X to be Article XII, and amending the same to read as foltows: ARTICLE XII GENERAL PROVISIONS SECTION 1200 - JUNK YARDS - Notwithstanding any other provisions of this Ordinance, all automobile or other junk yards in existence at the effective date of this Ordinance as first enacted in 1957, shall within three (3) years from such date provide suitable screening in the form of fencing or hedges compLeteLy around the periphery of the area used for such purposes, and the type of fencing and hedges shall be subject to the approval of the Board of Appeals. SECTION 1201 - Notwithstanding ar{y other provisions of this Ordinance, any sign in existence at the effective date of this Ordinance, as first enacted in 1957, which does not conform to the provisions of this Ordinance shaLL within five (5) years from such date be discontinued un[ess its continuance is authorized as a special exception by the Board of Appeals as hereinafter provided.- SECTION 1202 - DWELLING UNIT DENSITY - Notwith- standing any other provision of this ordinance, each dweli[ng unit in a multiple dwel£[ng shah have 9,000 square feet of rand for each dwelling unit in the building where public water and public sewer are not provided and shall have 6, 500 square feet of land for each dwetling unit in the bu[£ding where public water and public sewer is prowded. SECTION 1203 - HOTEL AND i~IOTEL UNIT DENSITY - Notwithstanding any other provisions of this ordinance, each room or group of rooms designed, used, or Intended to be used -42 - for lodging as a unit, which does not qualify as a dwelling unit, and located in a hotel, motel or similar building shall have 6,000 square feet of [and for each such unit where public water and public sewer systems are not provided and sha£1 have 4, 000 square feet of land for each such unit where public water and public sewer systems are provided. SECTION 1204 - NON-CONFORMING USES - Unless otherwise authorized as a special exception by the Board of Appeals as hereinafter provided, the following provisions shall apply to non-conforming uses: (a) The [awful use of a building or premises existing on the effective date of this Ordinance, or authorized by a building permit issued prior thereto, may be continued although such use does not conform with the provisions of this Ordinance and such use may be extended throughout the build- ing lawfully acquired prior to said date. (b) A non-conforming use of a building or pre- m[ses may be changed to a use of the same or higher classi- fication according to the provisions of this ordinance. (c) Whenever a district shall hereafter be changed, any then existing non-conforming use of a building or premises in such changed district may be continued or changed to a use ora similar or higher classification, provided ali other regu- lations governing the use are complied with. (d) Whenever a non-conforming use of a building or premises has been discontinued for a period of more than two (2) years, or changed to a higher classification, or to a conforming use, anything in this Section to lhe contrary not- withstanding, the non-conforming use of such building or premises shal[ no longer be permitted unless a variance therefore shall have been granted by the Board of Appeals hereinafter provided. (e) A non-conforming bui£ding may not be recon- structed or structurally altered during its life to an extent -43 - ( ( exceeding in aggregate cost fifty (50) percent of its fair value of the building, unless the use of such building is changed to a conforming use. (f) A non-conforming building which has been damaged by fire or other causes to the extent of more than fifty (50) percent of its fair value shal£ not be repaired or rebuilt un[ess the use of such building is changed to a conforming use. XIII. By renumbering Article VIII to be Article XIII, and amending the same to read as follows: ARTICLE XIII BOARD OF APPEALS SECTION 1300 - ORGANIZATION - The Town Board shall appoint a Board of Appeals consisting of five (5) members as provided by the To%vn Law. SECTION 1301 - POWERS - In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals - To hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances - Where there are practical difficul- ties or unnecessary hardships in the way of carrying out the strict letter of these regutations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of /he Ordinance shall be observed, public safety and welfare secured and sub- stantial justice done. C. Special Exceptions, Special Permits and Other Approvals - Whenever a use, or the location hereof, is permitted only if the Board of Appeals shall approve there- of, the Board of Appeals mayj in a specific case and after notice and public hearing~ authorize such permissive use and its location within the district in which this ordinance specifies the permissive use may be located, subject, however to the following: (1) Before such approval shall be given, the Board of Appeals shall determine: (a) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) That the use wiil'not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally esLablished in uses in adjacent use districts; (c) That the safety, the health, the xvelfare, the comfort, the eonvenience or the order of the Town will not be adversely affected by the proposed use and its location; and rd) That Lhe use will be in harmony with and promote the general purposes and intent of this Ordin- ance. (2) In making such determination, Lhe'Board of Appeals shall also give consideration, among other things, to: (a) The character of the existing and prob- able development of uses in the district and the peculiar suiLabiliLy of such district for the location of any of such permissive uses; (b) The conservation of properly values and the encouragement of the most appropriate uses of land; (c) The effect that the location of the pro- posed use may have upon the creation of undue increase of vehicuIar traffic congestion on public streets or highways; id) The availiability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse. or other effluent (whether liquid, sotid, gaseous or otherwise) that may be caused or created by or as a result of the use; (e) Whether the use, or materials incid- ental thereto, or produced thereby, may give off obnoxious gases, odors, smoke or soot; (f) Whether the use will cause disturbing emissions of electrical discharges, dust, tight, vibration or noise. (g) Whether the operations in pursuance of the use will cause undue interference with the orderly enjoy- ment by the public of parking or of recreational facilities, if existing, or if proposed by the Town or by other competent Governmental agencies; ih) To the necessity for bituminous surfaced space for purposes of off-street parking of vehicles inciden- talto the use, and whether such space is reasonably adequate and appropriate and .can be furnished by the owner of the plot sought to be used within or adjacent to the ptot wherein the use shall be had; ii) Whether a hazard to life; limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use, or by the structures thereon for the convenient entry and operation of tire and other emer- gency apparatus or by the undue concentration or assemblage. of persons upon such plot; (j) VVhether the use, o~rihe structures to be used therefor, will cause an overcro%vding of land or undue concentration of population; (k) Whether the plot area is sufficient, approp- riate and adequate for the use and the reasonably anticipated -46- operation and expansion thereof; and (1) %~hether the use to be operated is unreasonably near to a church, school, theatre, re- creational area or other place of public assembly. SECTION 1302 - In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to pre- serve and protect the spirit and objectives of this ordinance. SECTION 1303 - The Board of Appeals shalI~ consistent with the lawj determine its own rules of conduct and procedura SECTION 1304 - FEES - Ail applications to the Board of Appeals for any relief provided for herein shall be accompanied by a fee of $15. 00. XIV. By adding a new Article to be Article >[IV to read as follows: ARTICLE k-iV PLANING BOARD SECTION 1400 - Approval of Site Development Plans.' I.n ail cases where this ordinance requires approva[ of Site Development Plans by the Planning Board, no building per- mit shall be issued by the Building Inspector except upon authorization of and in conformity with the plans approved by the Planning Board. A. Objectives. In considering and acting upon Site Development Plans the Planning Board shall take into consid- eration the public health, safety and welfare, the comfort and con- venience of tile public in general and of the residents of the immediate neighborhood in particular, and may prescribc appropriate conditions and safeguards as may be required in order that the result of its action, may, to the maximum extent possible, further the expressed inten[ of this Ordinance -47- and the accomplishment of the folio%ring objectives in particular: 1. Traffic Access. That all proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations. 2. Circulation and Parking. That adequate off-street parking and loading spaces are provided' to pre- vent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior cir- culation system is adequate to provide safe accessibility to all required off-street parking tots. 3. Landscaping and Screening. That all playground, parking and service areas are reasonab[y screened at all seasons of the year from the view of adja- cent residential tots and street and that the general land- scaping of the site is in character with that generally pre- vailing in the neighborhood. Existing trees over 8;~ in diameter measured 3 feet above the base of the trunk shall be retained to the maximum extent possible. B. Effect of Site Development Plan Approval 1. No building permit shall be issued for any structure covered by this section until an approved Site Development PLan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector. 2. No certificate of occupancy will be issued for any structure or use of land covered by this section unless the structure is completed or the land is developed or used in accordance with an approvedS ire Development Plan or approved amendment of any such plan. 3. Should any Site Plan approval involve any matter requiring referral to the Suffolk County Planning Com- mission, then the matter shall be referred, prior to fins[ action -48- by the Planning }Board, to the Suffolk County Planning Commission in accordance with the applicable provisions of law. C. Procedure 1. Pre-Submission Cmference. Prior to the submission of a Site Development Plan, the applicant or his agent shall meet with the Planning Board. The pur- pose of such conference shall be to discuss proposed uses or development in order to determine which of the Site Development Plan elements shall be submitted to the Planning Board in order for said Board to determine con- formity with the provisions and intent of this Ordinance. 2. Within 6 months following the pre-submission conference, the Site Development Plan and any related information shall be submitted to the Building Inspector in triplicate at least 15 days prior to the Planning Board meet- ing at which approval is requested. If not submitted within this 6 month period, another pre-submission compliance may be required. 3. The Building Inspector shall certify on each Site Development Plan or amendment whether or not the plan meets the requirements of all zoning ordince provisions other than those of this section regarding Site Development Plan approval. 4. The Building Inspector shall retain one copy and transmit two copies of the certified Site Development Plan to the Secretary of the Pianning ]Board at least 7 days prior to the Planning Board meeting at which approval is re- quested. _ . 5. The Planning Board shall act to approve or disapprove any such Site Development Plan within 90 days after the meeting at which approval is requested. Fai£ure to act within 90 days shall be deemed approval Planning Board disapproval shall include written findings upon any -49- Site Development Plan element found contrary to the provisions or intent of this ordinance. In reviewing the application, the Planning Board may secure the advice or assistance of one or more expert consul- tants qualified to advise as to whether a proposed use will conform to the requirements of this ordLnance. The assistance of a consultant, if sought, must be ob- tained within 10 days of the receipt of the application. Such consultant shall report %vithin 30 days after receipt of such request whether or not the use applied for will be in conformance with the performance standards, and if not, what modification in design or operation would be necessary for conformance. A copy of the report of such consultants shall be furnished to the Planning Board, Building Inspector, and applicant. 6. Amendments to a Site Development Plan shall be acted upon in the same manner as the approval of the original plan. 7. The Planning Board may require that Site Plan approva£ be periodically reviewed. D. Site Development Plan Elements. The app[icant shaI1 cause a Site Development map to be prepared by a Civil Engineer, a surveyor, land planner, architect, or other competent person. Site Development Plan elements shall include those listed below which are appropriate to the proposed development or use as indicated by the Plan- ning Board in the pre-submission conference. 1. Legal Data (a) Lot, block and section number, if any, of the property taken from the iatest tax records. (b) Name and address of the owner of record. (c) Name and address of person, firm, or organization preparing the map. -50- id) Date, north point, and written and graphic sca£e. (e) Sufficient description or informa- tion to precisely define the boundartes of the property. Ail distances shall be in feet and tenths of a foot. A£l angles shall be given to the nearest 10secondsor closer. The error of closure shall not exceed one in ten thousand. if) The locations, names, and existing widths of adjacent streets and curb lines. (g) The location and owners of all adjoining lands as shown on the latest tax records. ih) Location, width, and purpose of all existing and proposed easements, set-backs, reservations, and areas dedicated to public use within or adjoining the property. (i) A complete outline of existing deed restrictions or covenants applying to the property. (j) Existing zoning. 2. Natural Features (a) Existing contours with intervals of five (5) feet or less, referred to a datum satisfactory to the Board. (b) Approximate boundaries of any areas subject to flooding or storm water overflows. (c) Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated ~rees with a diameter of eight inches or more, measured three (3) feet above the base of the trunk, and other significant existing features. 3. Existing Structures and Utilities _51 ~ (a) Location of uses and outlines of structures drawn to scale on and within 100 feet of the lot. (b) Paved areas, sidewalks, and vehicu- lar access between the site and public streets. (c) Locations, dimensions, grades, and flow direction of existing sewers, culverts, water lines as well as other underground and above-ground utilities within and adjacent to the property. (d) Other existing development, including fences, landscaping, and screening. 4. Proposed Development (a) The location of proposed braidings or structural improvements. (b) The location and design of all uses not requiring structures, such as off-street parking and loading areas. (c) The location, direction, power and time of use for any proposed outdoor lighting or public address systems. (d) The location and plans for any outdoor signs. (e) The location and arrangement of pro- posed means of access and egress, including sidewalks, driveways, or other paved areas. Profiles indicating grading and cross-sections showing width of roadway, locattonand width of sidewalks, and location and size of water and sewer lines. (f) Any proposed grading, screening, and other landscaping including types and locations of proposed street ~rees. -52 - (g) The Location of all proposed water lines, valves and hydrants, and of ail sewer lines or alternate means of water supply and sewage disposal and treatment. (h) An outline of any proposed deed restrictions or covenants. ([) Any contemplated public improve- ments on or adjoining the property. (j) If the Site Development Plan only indicates a first stage, a supplementary plan shall indicate ultimate development. 5. Any other information deemed by the Planning Board necessary to determine conformity of [he Site Plan with the intent and regulations of this ordinance. SECTION 1401 - FEES - Allapplica[ions to the Planning Board for approval of site development plans shah be accompanied by a fee of $25. 00. XV. By renumbering Article VII to be Article XV, and amending the same read as foilows ARTICLE XV ENFORCEMENT SECTION 1500 - BUILDING INSPECTOR - It shah be [he duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board [o administer and enforce the provisions of this ordinance. The Building Inspector and assistant and deputy building inspectors shall have such right to enter and inspect buildings, structures, or premises and to perform other acts necessary for the enforcement of this ordinance as are conferred upon them by la~v. SECTION 1501 - BUILDING PERRflTS - No building -53- in an3, district shall be erected, reconstructed or restored, or structurally altered without a building permit duly issued upon application to the Building Inspector. No buitding per- mit shall be issued unless the proposed construction is in fu£[ conformity with ali the provisions of this ordinance and the provisions of all other applicable la%rs, ordinances, ru£es and regulations. Any bui£ding permit issued in violation of the provisions of this ordinance shall be null and void and of no effect, without the necessity for any proceedings, revoca- tions or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this ordinance shall be unlawful. 1. Every application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each dra%ving. If no such plot plan is available, a survey is required, prepared by a licensed en- gineer or land surveyor. (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building; (b) The block and lot numbers, if any, as they appear on the latest tax records; (c) The exact size and locations on the lot of the proposed building or buildings or alteration of an existing building and of other existing bui£d[ngs on the same £ot; (d) The dimensions of ali yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot; (e) The existing and intended use of all build- ings, existing or proposed, the use of land and the nunlber of dwelling units the building is designed to accommodate; and (f) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction %vll£ conform to the provisions of this ordinance. -54 - 2. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by Section 280-a of the Town Law. 3. No building permit shall be issued for any building if the Site l~lan of such building is subject to approval by the Planning t~oard, except in conformity with the plans approved by the said Board, 4. No building permit shall be issued for a building in any district if such use is permitted by Special Exception or Special Permit of the Board, unless and until such approval has been duly granted by the Board of Appeals. 5, No building permit shall be issued for any building until approval has been received from the County Health Department for the proposed water supply and sewage disposal system. 6. The building permit application and ail supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building In- spector shall return one copy of all fi[ed documents to the applicant. 7. The Building Inspector shall,' within ten business days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied the Building Inspector sha££ state in writing to the applicant the reasons for such denial.. 8. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance, or has not been completed within 18 months from such date for construction costing less than $1,000. 00 and has not been completed within 30 months from such date for construction costing in excess of such amount. If no zoning regulations affecting the property have been enacted in the in~erim, the Building Inspector may authorize in writing extension of the permit for an additional six months. There- after, a new permit.sbalt be required. -55- 9. As soon as the foundation of a building or of any addition to an existing buitding is completed, and before first story framing or wall construction is begun, there sha[£ be filed with the Building Inspector an accurate survey signed by the person responsibte for said survey, sho~ving the exact location for such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. 10. Permit Fees -The following fees shall be paid upon the filing of an application with the Building Inspector for a Building Permit which shaI1 be paid into the general fund if the application is approved, or returned to the applicant if the application is denied. Dwellings (a) New dwellings - $25. 00 plus $. 05 for each square foot of floor area over 1j 000 square feet. (b) Additions and alterations - $15. 00 (c) Accessory buildings - $10. 00 plus $. 05 for each square foot of floor area over 850 square feet. (d) Additions and alterations to Accessory Buildings - $10. 00. Hotels, Motels, Business and Industrial Buildings (a) New Construction - $50. 00 plus $. 10 for each square foot of floor area over 10,_000 square feet. (b) Additions and alterations - $25. 00 plus $.05 for each square foot over 1,000 square feet. (c) Accessory buildings - $15. 00 -56- Farm Buildings - $15.00 All other Structures - $15. 00 Signs - The fee for ali signs, except signs permitted by Section 300 C 7 (a), shall be $0. 25 for each square foot of sign area with a minimum fee of $2. 00 SECTION 1502 - REVOCATION OF BUILDING PERMIT. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: (a) Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plan or specifications on which the building permit was based; (b) Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law; (c) Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specification; or (d) Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector. SECTION 1503 - STOP ORDERS - Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable law, ordinances, or regulations or not in conformity with the provisions af an application, plans, or specifications on the basis of which a building permit was issued or in an (~nsafe and dangerous manner, he shall notify the owner of the property, or the ownersf agent, or the person performing the work, to suspend al! work, and any such persons shall forthwith stop such work -57- and suspend ail building activities until the stop order has been rescinded. Such order and notice shall be in writing~ shall state the conditions under which the work may be resumed and may be served upon a person to whorn it is directed either by delivering it personally to himj or by posting tl~e same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail. SECTION1504 - CERTIFICATES OF OCCUPANCY 1. A Certificate of Occupancy shall be applied for to the Building Inspector and it shall be unlawful to do any of the following until a Certificate of Occupancy is issued therefore to wit: (a) Occupancy and use of a building erected, reconstructed, restored, structurally altered, moved, or any change in use of an existing building; 03) Occupancy, use or any change in the use of any land; and (c) Any change in use of non-conforming use. 2. No certificate of occupancy shall be issued for the' use of a building or lands requiring a Special Exception or special permit by the Board of Appeals or for any land or use requiring a Site PLan approval by the Planning Board unless and until such use or Site I~lan approval has been duly granted. Every certificate of occupancy for which a special exception or special permit or Site PLan approval has been granted, or in connection with which a variance has been granted by the by the Board of Appea£s shall contain a detailed statement of any condition to which the same is subject. 3. Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made after the erection of such building or part thereof has been completed in conformity ~vith the provisions of this ordinance and in the case of a new building shall be accompanied by an accurate plot planj or it not available, by a survey prepared by a licensed land surveyor or engineer -58- showing the location of a building as built. Such certificate shaiI be issued within 10 days after receipt of the properly completed application, providing the applicatton states that ali requirements of all other applicable codes or ordinances in effect are compiled with. 4. If the proposed use is in conformity with the provisions of this ordinance and all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use or a non- conforming usej shall be issued by the Building Inspector within 10 days after receipt of a properly completed application. Ifa.Certificate of Occupancy ts denied, the Building Inspector shall state the reasons therefor in writing to the applicant. 5. Every application for a certificate of occupancy or a temporary certificate or occupancy shall be accom- panied by a fee of $5. 00. Copies of such certificate will be issued upon payment of $1. 00 per copy. 6. A certificate of occupancy shall be deemed to authorize, and is required for, both initial occupancy and the continuance of occupancy and use of the building or land to which it appties. 7. Upon written request, and upon ~yment of a fee of $5. 00, the Building Inspector shali, after inspection issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this ordinance, certifying such use and whether or not the same and the building conforms to ~he provisions of this ordinance. _ 8. A record of ail certificates of occupancy shall be kept in the office of the Building Inspector and copies shall be furnished on request, to any agency of the To%~n or to any persons having an in~erest in the building or land affected. SECTION 1503 - PENALTIES - For every violation of the provisions of this ordinance or any regulations made pursuant hereto, or a failure to comply with a written notice or order of the Building Inspector within the time fixed for comp£iance therewith, the owner, occu- pant, .builder~ architect, contractor or their agents or any other person who commits, takes part or assists in any such violation or who shall fail to comply with a written order or notice of the Building Inspector shall be guilty of an offense, punishable by a fine not exceeding fifty dollars or imprisonment for a period not to exceed six months~ or both. Each week's continued violation shall constitute a separate additional violation. SECTION 1504 REMEDIES - In case any building or structure is erected, constructed, reconstructed altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Ordinance, or of any regulations made pursuant thereto, in addition to other remedies provided by taw, any appropriate action or proceeding whether by legal process or otherwise, may be instituted, or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, cor- rect or abate such violation, to prevent the occupancy of satdbuiiding, structure or land or to prevent anyillegal act, conduct, business, or use in or about such premises. XVI. By renumberingArticle IX to be Article XVI, and amending the same to read as follows: ARTICLE XVI AMENDMENTS SECTION 1600 - The Town Board upon its own motion or by petition may, from time.to time, amend, supplemen~j change, modify or repeat this Ordinance including the Zoning Map, by proceeding in the following manner: The Town board by resolution adopted at a stated meeting shaI1 fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given pursuant to Lhe provisions of the Town Law. The Town Board, before advertising for a public hearing, shall in a written request, instruct the Town Planning Board to prepare -60- an official report defining the conditions described in a petition and determine the area so affected with its recommendations. SECTION 1601 - FEES - Every petition for a change or amendment to this ordinance' or the zoning map shall be flied with the Town Clerk and shall be accompanied by a fee of $100. 00. ARTICLE XVII INTERPRETATION, VALIDITY, AND EXCEPTIONS SECTION 1700 - CONFLICTS (a) %Vhere a provision of this ordinance conflicts with or imposes a different requirement than any other provision of this ordinance, the provision or requirement ~'hich is more restrictive or which establishes the high,er standard shall govern. (b) Where the provisions of this ordinance conflict with or impose a different requirement than any other ordinance of the Town of Sou/hold, or any rules or regulations adopted thereunder, the ordinance, ru[e or regulation which establishes the higher standard or requirement shall govern. SECTION 1701 - VALIDITY - Should any section or provision of this Ordinance be declared by a court of com- petent jurisdiction to be invalid, such decisions shall not affect the validity of the Ordinance as a whole or any other part thereof. SECTION 1702 - EXCEPTIONS - All of the [ots on the following subdivision maps shall be excepted from the lot area and lot width requirements of this ordinance, and the lot areas and lot widths applicable to said [bts shall be as shown and designated on said subdivision maps: Green Acres S~ratmors Marion Manor CLeaves Point, Sec. II Fordham Acres, Sec. I Fordham Acres, Sec. II Sterling Homes Eastern Shores, Sec. I Eastern Shores, Sec. II Eastern Shores, Sec. III Eastern Shores, Sec. IV Eastern Shores, Sec. V Southoid Shores Sunny Shores Moose Cove Nassau Point Deer Park Village l%fanor G. f. Tuthill Edgemere Park Willow Terrace S~undcrest Woods Gardiners Bay Estates, Sec. III Harvest Homes, Sec. I Bayview Woods Estates -61- Willow Point Harbor Lights Es%xtes, Sec. I. Terry ~Vater s Bay Haven Corey Creek Estates West Creek Estates Northwoods Vista Bluff Jaeksons Landing Bennett's Pond Rosewood Estates Sunset Knolls, Sec. II Smithfield Park Paradise Point Harbor Lights Estates, Sec III Highwood Nunnakoma Waters Yennecott Park Downsview South Harbor Homes Peconic Shores, Sec. I Peconic Homes, Sec. Z Peconic Homes, Sec. II Peconic Bay Oa. ks Laure£ Country Estates SECTION 1703 - EFFECTIVE DATE - Upon enactment by the Town Board, this Ordinance shall take effect as provided by law. -62- 0 0 0 MAY 24, 19dd BUILDING ZON~ .. ,... , TOWN OF .SOUTHOLD :,' SUFFOLK COUNTY ./. NEW ' ~ ' YO,d', 'l / J. ORDINANCE 25¢ ;" . BU!LD!NG ZO'.N O,q.D:NANCE ., Town Of Southold Suffo!k Coun:'y, Yc, rk An ordinance classifying, regulating and restricting' the llcight, number of stories, size of buildings and other structures, thc percentage ol lot that may be occupied, the size of yards and other open spaces, the density population, the location anti use of buildings, structures and land [or trade, industry, residence and other purposes. (provided tbnt such regulations shall apply to and affect only such part o£ the town outside the limits o[ any incorporated village), establishing the boundaries of districts for said pur- poses so as to promote tile health, safety, morals and g.eneral weliare oi tile Town of Southold with reasonable consideration, among other things to the most desirable use for which the land of each district may be adapted, rim peculiar suitability for particular use of a district, the conservation of prop- erty values and the direction oi bu dn~ development ia accordance with a well considered plan and also to establish penalties for violation of these regulations as prescribed b)' the statutes. TABLE OF CONTENTS Short T~t[e Section ARTICLE I Dcflnitions ..................................... ARTICLE'II Districts ....................................... 200 ARTICLE III "A" Residential and Agricultural District ........ 300 ARTICLE Ilia "M" Multiple Residence District ................ 350 ARTICLE IIIB "MI" Multiple Residence District ...... ; ........ 370 ARTICLE IV' .,. B Bus,ncs~ D~str~ct ..................... \. ...... 400 AI,ITICLI5 IVA B-1 Business D~,~t, mt ................... \ ...... 420 ARTICLE IVB "B-2" Business District .................. ..\ ...... 440 ARTICLE V "C" IndustriM District .......................... 500 ARTICLE VI Tourist Camps, Camp Cottag'es and Trailers ..... '. 600 ARTICLE; VII ;Applications and Permits ........................ 7c"O ARTICLE VIII Board of Appeals ............................... ARTICLE 'IX Amendments ................................... 990 ARTICLE X General Provlsions ............................. 16011 %,VHEREA$, all the matters and things required to be done bi,' the Town Law of tile State of New York in order that the Town Board of thc Town Southold. Suffolk County, State of New York, may avail itself oi the pov,'ers ' conferred by said law have been duly complied with. NO%V TI-IEREFORE. the Town Board of the Toxvn of Southoldi' Su/- . folk County State of New York, by virtue of tile authority in it by law 'invested hereby ordains and enacts thc following ordinance. SECTION 1--This ord;nance shah be known and m~-y be cited as "Tim Building Zone Ordinance of the Town oi Soutbcdd, Suffolk County, Ney,' York." Dis~.ric~ vlded mhi~ the lot, ~;hall haw ~wer.~:,'- flvo ~hou~na (I) Mv.l'inas for the docldng, Tho lower ce, go o~ tho s~gn shal~ bo 1,hlrty-Itvo (35) [ee~ has been estab- lished, no buildings, here~£ter ececLcd hundred (I0O) Iee~ and o[ ~n ~ra~ 1¢~ · . tllere shall be two (2) side yards, one (I) on each side of tl~c 2ulldin~.% the total ~gl:rceate of both side yards sh~Ii (a) Dwellings -- One (1) parkkng houses- One (1) parking space exccpUon by the Board of Appeals SEC'ZION 371--A11 premises In the A~TICLE IV division (b), a roof algn ~hall bo ~--P~'oj¢¢~ b~yo~d ~he edge of the roof. (- BUILDING ZONE ORDINANCE TOWN OFSOUTHOLD SUFFOLKCOUNTY NEW YORK Co'P y BUILDING ZONE ORDINANCE TOWN OFSOUTHOLD SUFFOLKCOUNTY NEW YORK (- -( BUILDING ZONE ORDINANCE Town Of Southold Suffolk County, New York An ordinance classifying, regulating and restricting ~he height, numbzr of stories, size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and oCher open spaces, the density of population, the location and use of buildings, stractures and land for trade, industry, residence and other purposes, (provided that such regulations shall apply to and affect only such part o£ the town outside the limits of any incorporated village), establishing the boundaries of districts for said pur- poses so as to promote the health, safety, morals and general welfare of the Town of Soothold with reasonable consideration, among other things to the most desirable use for which the land of each district may be adapted, the peculiar suitability for particular use of a district, the conservation of prop- erty values and the direction of building development in accordance with a well considered plan and also to establish penalties for violation of these regulations as prescribed by the statutes. Short Title ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE TABLE OF CONTENTS Section I Definitions ..................................... 100 I! Districts ....................................... 200 III "A" I>~esidential and Agricultural District ........ 300 Ilia "hi" Multiple Residence District ................ 350 II[B "3,{ 1" Multiple Residence District .............. 370 IV "B" Business District ........................... 400 IVA "B-I" Business District .......................... 420 IVB "B-2" Business District .......................... 440 V "C" Industrial District .......................... ~00 VI Tonrist Camps, Camp Cottages and Trailers ...... 600 VII Applications and Permlts ........................ 700 VIII Board of Appeals ............................... 800 'IX Ameudments ................................... 900 ARTICLE X General Provisions ............................. 1000 \VHEREAS, all the matters and thlngs required to be done by the Town Law of the State of New York in order tbat the Town Board of the Town of Southold. Suffolk County, State of New York, may avail itself of the po~vers conferred by said law have been duly complied with. NO\V THEREFORE. the Town Board of the Town oI Soutbold, Suf- folk County, State of New York, by virtue of the auHmrity in it by invested herehy ordains and enacts the following ordinauce. SECTION 1--This ordinance shall be knmvn and may be cited as "The Building Zone Ordinance nf the Town of Southold, Suffolk County, Nevi York." SECTION 100~De[inltlons~or the purpose of this Ordinance, certain terms and words are, herewith, d~Iined as follows: Words used in the present tense in- clude the future, the sin~llar number includes the plural and the plural the singular, the word "building" includes the wG~d "structure", the word "lol" includes the word "plot" and lhe word "shall" Is mandatory and not directory. 1 -- ACCESSORY BUILDING -- A building, subordinale to the main build- ing on a lot and used fe.r purposes cuslomardy incidental to lhose of the main building. 2--AZI ACRE -- An acre as applic- able to this Ordinance shall refer to 3 -- BOARDINO AND TOURIST HOUSES~A building other than a holel where lodging, ~'lth er wilhout 4--BUILDING -- A structure having section area of the balldlngs on a lol, chimneys projecting riel more than eighteen (18l inches, s~eps, one (li surface, if a fiat roof, to the deck line projections shall not be Included In the height. For building set back from Isis, the height may be measured from surrounding the building. detached building designed for or oc- cupied exclusively by one (1) family. ~DWELLING--TWO FAMILY -- A detached or semi-detached building designed for or occupied exclusively by two ¢2) families. independently of each other. keeping unit · nt of the lot on which it Is erected. two (2) additional ~ehicles (not trucks) 12--HOTEL~A building occupied as with or without meals and in which AND ALL OTHER JUNK yARDS--- Land occupied or to be occupied for or metal, including old automobiles, and appliances riel usable aa originally designed; and also including any por- tions of such old automobile truck.% cupied by a building and Ils accessory buildings logo/her with such open 16--LOT-TtlROUGH -- An interior lng a lot ~s defined herein piers, wharves, docl~, bulkheads, build- designed, used or intended to be used primarily for the docking, mooring or directly or lndireclly. I?B--MOTEL~A building containing of which, or each pair of which has from lhe outside of the building, with primarily for the accommodation o[ Ii---NON-CONFORMING USE -- A building or premises occupied by a use 19~ETBACK--The minimum host- case may be) et the building or any projection thereof, excluding steps, projecting more than five (5) feel. kind of billboard, sign board, device ng any writing, letter, figure, symbol or mark painted upon or in- corporated in the exterior surface of a building or structure. 20--STORY -- That portion of a building included between the surface it and the ceiling next above i[. the soil. same lot with a building, unoccupied herein. 25~FRO1'7I" YARD -- The required line of ~ny street on which the lot abuls. space extending along the rear lot line (not a slreet linel throughout the 27--SIDE YARD~The required open space extending along the side 1o~ lines from the fron~ yard to the rear yard. ~8~SIZE OF LOT-AREA--The area used Inside all of Ils boundaries. _ AI~TICLE III ~ --~to the dwelling,s m larger than four (4) feet by ~ix (5) feet In size, advertising the sale of ~ 9--One (1) real estate sign, either four (24) .~quare feet will be permitted on each five hundred (500) feet to one thousand (1000) feet of frontage on the highway or highways on which the property fronts, PROVIDED said sign is set back not les~ than the front than ten (I0) feet from each side line. The lower edge of the sign shall be not less than three (3) feet above the fifteen (15) feet six (5) Inches above SECTION 301--"A" HEIGHT In ~he "A" Resldentla2 and Agricultural District, no bul]dh~g, hereafter erected PROVIDED that, in case of a lot held In single and separate ownership at the effecilve date of this Ordinance, having a tot~ depth of less th~n one hundred I103) feet, a single lamlly dwelling may be built thereon with a rear yard of less than twenty-five (25) BUILDINGS--In the "A" Residen~lnl and Agricultural District, accessory an average height of eighteen (18) feel cessory buildings shall be /ncluded in computing the percentage of lot area to be built upon and PROVIDED further that no building of any kind or nature shall be built ~-~thln three SEOTION 310 -- OFF- STREET PARKING AREA--In "A" Residen- tiaJ ~nd Agricultural Districts, no building shall be hereafter erected or altered or added to in excess of fifty (50) percent of Its area prior to the adoption ol this Ordinance, unles~ not less than one (1) parking space for each Ia.rally unit therein shall be pro- sernbly Including audltorium~, churches erected there shall be provided not less than one (1) parking space for an area of three hundred thirty-four (334) square feet per requlre~l motor vehicle unit. "]VP' Multiple Residence District SECTION 35(~-Zn the "M" Multiple ~esidence District, no building or prem- ises shall be used, and no building shall hereinafter provided.) 5 Marina~ for the docking, mooring hereinafter provided. "M" Multiple Residence District, no buildhug hereinafter erected or altered shall exceed thirty-five (35) feet or fifty (50) percent of the lot area. AREA--In the "M" Multiple Resi- dence District, no 5uilding shall be hundred (12,500) square feel and a the required front yard shall be noC less than thirly (301 feet. shall project beyond the line of the SECTION 356- In the case of a ~e twenty-live.(25) feet and no one (1) side yard ~hall be less than ten (10) fee~. feet. Residence Dis,'rlct. no building cr premises shall be used, and no build- ing shall be hereafter erected or altered unless otherwise prowded In tbJs Or- SECTION 371--All premises in the for one (1) or more of the following plants lO--Carpenter shops. 14~Upholsterer shop~. SECTION 401--No building may be that has been adjudicated a public "B' Business District, no building lo. er edge of w-hJch sbs.II be not less than lhree (3) feet above the Fround and the upper edge of which shall not extend more lhan fifteen (15) feet six (6) inches above the ground, which sign shs21 be set back not less thari five (5~ feet from all street and prop- erty lines and shall advertise only the building wall on a public street and ed In such building, provided such sign 1- Exceed two (2) square feet In to~al area for each horizontal foot of ARTICLE V Industrial District having a minimum depth of itfly (50) sions of Article IV, Section 408 o! this ~-here property Is bounded on any side shall be a setback along ~he entire less than one hundred (1~) feet. dustrial District, no building ~ be hereafter erected or altered or added (7) permanen~ seats or an ~rea equiva- hundred thirty-fo~ (334) square ~eet Issued by the Butld/ng Inspector. Such fee of five dollar~ ($5.00) ~ccompany- ARTICLE VIII SECTION 800 -- The Town ]3oard slating of five (5) members s.~ provided case and after notice and public bear- use m~y be located, subject, however to the Iollow~g: fa) Before such approval shall be jacent properties or of properties (2) That the use will not preven~ the orderly and reasonable use of per- to be located or of permitted or legally tricts: (3) That the safe~y, the health, the welfare, fhe comfort, the convenience or the order of the Town will not be ~dversely affected by the proposed use wJ~h and promo~ the general purples (b) In ma~g such de~ermination, and probable development of uses values and the enco~agement of the tion of undue increase of vehic~ar (4) The availlability of adequate an proper public or private la~ililie$ for the treatment, removal or discharge of sewage, refuse, or other effluent (%%hether liquid, solid, g~seJus or other- wise) that may be caused or created by or as a result of the use; (5) Whether the use, or materials Incidental thereto, or produced there- by. may give off obnoxious gases, odors, (6~ Whether lhe use will cause dis- turbing emissions of electrical dis- charges, dust, light, vibration or noise; (7) Whether the operations in pur- Interference with the orderly enjoy- ment by the public of parking or of recreational facilities, if existing, cr If tS) To the necessity for bituminous smfaced space for purposes bf off- street p,~rking of vehicles incidental and can be furrdshed by thz owner of the plot sought to be used wilh/n or adjacent to the plot wherein the use shall be had: 19) %Vhether a ha~rd to life, hmb or property because of fire, flood, erosion or panic may be created by or by the inaccessibility of the prop- venient entry and operation of fire and (10) Whether the use, or the struc- tures to be used therefor, will cause (11) IV]aether the plot area Is suf- ficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof: and (12) %Vhether the use to be operate~ other place of public assembly. (el The Board of Appeals shall, In it may deem appropriate, necessary or desh-able to presezwe and protect the spirit and objectives of this Ordinance. f2)- When, in its judgment, lhe public convenience and welfare ~nd justice will be substantially served, and provided that the legalIy established or permilted use of neighborhood property and adjacent use districts will not be substantially or permanently injured, the Board of Appeals may, after public notice and hearing and subject to ap- propriate conditions and safeguards as outlined, authorlr~e the granting of a permit. fa) Where a district boundary line divides a lot which Is proved to the satisfaction of lhe Board of Appeals lo ership at the effeclive date of this Or- dinance, and the tolal area of which lot has not been diminished or lnereas- use may be adjusted to extend to the whole or any paxt of such lot but not more than fifty (50) feet beyond the (b) If the less restricted use shah and side yards shall be increased by one (1) foot for each add;tional ten filing appeals or applications for spec- SECTION 803---Upon the filing wilh of as follows: ia) By publishing a notice thereof ARTICLE tX ~ Amendments SECTION 900- The To~n Board upon i~q own motion or by petition by proceeding in the follo%v~ng mariner: SECTION 9Ol--The Town Board by ~hall fix the time ~nd place of a public rising for a public hearing, shall in a Planning Board to prepare an official SECTION 902--In case, however, of a protest against such change, signed o! Chat lramediate]y adjacent thereto, extending one hundred (100) feet ~hereto, extending one hundred (100) feet from the street frontage of such favorable vote of at least four (4) lull opporluni~y to ,be he.~rd shall bc shah sSudy the application of ~i~ls Or- be subjec~ to the approval of [he Zon- ing Board of Appeals. SECTION lOO4---In any district, no Public Garage for more than three public library, chrrrch, hospital or orphanage. view. le~lth of the County of Suffolk, and not in conflict with any of the pro- visions of this Ordinance; PROVIDED, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of the building, or requires larger open spaces than are imposed or required by such Ordinance, rules SECTION 1011 -- REblEDIES -- In ease any building or structure is erect- ed, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Ordinance, or of ceeding whebher by legal proc.ess or granted by the Board of Appeals hereinbefore provided. (e) A non-conforming building may be considered to lie within the 'A" SECTION 1012--PENALTIES -- For any and every violation of the law, SECTION 1013 -- EXCEPTIONS AS TO CERTAIN SUBDIVISION LOT,%-- Im'~ All of the lots on a certain map ,3 ab-division Map o[ Founders EsLates, dated March 18, 1927, and ,~l) Map of Sub-division known a.~ (I0) Map of Goose Neck, Southcld, Map of Jesse Wells, dated December N. Y., Map by O. %V. Van Tuvl. Jan- (17) Point Pleasan~Mattituck, N. Y. BUILDING ZONE ORDINANCE TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK APRIL. 28, 1958 PRICE 25c (Amendment to Article X, section 1012, adopted August 12, 1958 and bec~mc effective August 31st, 1050} TIES~For any and every violation of ov,-ner, the general agent, or contrac- lation shall exist, shall be guilty of an tion shall constitute a separate addl- effective December 14, 195~) AP. TICLE I, section 100~PA-FAMILY her 14. 1958) FICATE OF OCCLTPANCY -- (al i.t by the Building Inspector. (c) Upon cupant, the Build/ng Inspector shah bev 14, 1958) sold. divided, or set off. or the portion which said lot is located. AMENDMENT TO BUILDING ZONE ORDINANCE SINCE DISTRICT REGULATIONS -- For the purpose of this Ordinance, the Town of Southold, outside of the Incorporated villages, Is hereby di- vided Into four (4) classes of dis- tricts which shall be designated ~ DISTI%ICTS 1960.) (Amendment to Article IIIA, bectIo~l 350, adding thereto Subdlv/sJon IA. adopted October 4, 1960 and became effective October 29, 1960.) AHTICLE IIIA, SECTION 350, SU~- DIVISION 1A--Two (2) Family Dwell- ings, (Amendment to Article iliA. Section 360, Subdivision 2, adopied October 4, 1960 and became effective October 29. 19003 ARTICLE IIIA, SECTION 360, SUB- DIVISION (2)-- On premises used for hotel, molel, boarding and lo~zrlst house as a special exception by the Board of Appeals as hereinafter provided, one (1) advertising sign, either single or double faced, not exceed- lng fiRy (50) square feet In area, the lower edge of which shall be not less than four (4) feet above the ground, and the upper edge o! which five (35) feet above the ground. Such sign shall advertise only the bL~si~ess conducted on the premises, and shall be set back not less thzn five (5) feet lrom all street a~d property lines. CAmendmen~ to A~ticle l-V, Section 400, Subdivision ?, adopted October 4, 1960, and became effective October 29, 1990.) DIVISION 7-- Places o! amusement when approved as a special exception by provided. (Amendment to Article I'V, Section 400, Subdivision 9, adopted October 19~0, and became effective October 29, 1990.) ARTICLE IV, SECTION 400, serdce stations and parking 1o~ motor vehicles for sale or i~re, when approved as n ~peclal exception by ORDINANCE SINC~ FEBRUARY--361. (Amendment to Article III, Sec- tion 300. Subdivision 7, adopted March 29, 1962 and became effective April 19, 1962.) ARTICLE III, SECTION 300, SUB- DIVISION 7 -- 7 - Accessory buildings, includ- inq one (1) private garage, when such accessory buildings are located in the rear yard, or a private garage within or attached to the dwelling. (AmendLrnent to Article IV, Section 408. Subdivision (b), Subsection 2, admpted March 29, [962 and became effectLvc April 19, 1962.) ARTICLE IV, SECTION 408, SUBDIVISION Ih), SUBSECTION 2 -- 2 Exceed in width one hundred (100) percent of the horizontal measurement of such wall. (Amendment to Article ~V, Section 408, adopted March 29, 1962, and became effective April 19, 1962.) ARTICLE IV, SECTION 408, SUBDIVISION (c) - ROOF SIGNS In lieu of a wall sig~ authorized by the preceding sub- division (b), a roof sign shall be permitted provided the same is attached to or incorporated in ~ roof, whxch sign shall advertise only the business conducted in the building upon which it is attached, and pro- v~ded that such sign does not: ]. Exceed two (2) square feet in total area for each lineal foot of such roof. and 2. Extend above the highest point )f the roof in the case of a pitched roof, and in all other cases exceed two (2) feet slx {6) inches in height above the highest point f · he roof, and ~. Pr~3ect beyond the edge of the ~Oc~'f. (Amefl~ment to ArtiCle Vo Sectl~ 500, adopted February 26, 1963 nnd SECTIO~ 500 - In ~hs.'C' industrial only aB a s~c~l ~c~p~l~ by ~e 500, S~v~mion 1, m~o~e~ A~TICLE V, ~:ECTIO~ 500, SUBDIVISI(~1 1. 1. Abattoirs:. 500, subdiv~ion 26, ~9~3, an~became ef~ective 17. Ga£bag'o, o££a~ or d~ad antmala, ART1CL~ V, Sr-_CTION 500, SUBDIVISION 34. StoCkyards or slaughter houses. BUILDING ZONE ORDINANCE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK (As Amended to April 8, 19S8) 15---LOT-~TEi~IOi~ -- A lo~ other runs parallel to the street line distance as $o indicated. When the toc~,tlon o! · district boundary line is not otherwise determined, it shall be determined by the scale of the rnzp measured from a given line. Where the on the zoning maps, the designation apply in such a way as to carr~ out the real Intent and purposes of this Ordinance for the p~rtlcular area in question. SECTION 204 -- Where a district boundary line divides a lot in a siugle ownership at the t~me of passage of this Ordinance, the Board of Appeals. the less reslricted use to extend to the whole or any part of such District SECTION 2g0~In the "A" Residen- tim and Agricultural District, no build- building shall be hereafter erected or altered unless otherwise provid.~t in this Ordinance, except for one (1) or more of the lollawing uses: 1--One (1l family dwellings. grounds, athletic fields, bathln~ 3A--Marinas or boat basins for the thorized as a special exception by the l~oard of Appeals as herein- after provided. ~A~risultural farms, poultr~ farms, ening (does not include farms for the raising or breedinE ot ducks}. 5--Clubs, fraternity houses and golf g~-P, ailway passenger stations. ?--Accessory buildings, including one (1) private garage, when localed not less than fifty (50) feet from the front lot line or a private garage within or attached to the dwelling, g--uses customarily incidental to any of the above use~ when located on the same lot and not involving Th/s shall be understood to in- clude the professional office or studio of a doctor, dentist, teacher. ion, lawyer, magistrate or proc- including dressmaking, millinerT or similar handicrafts, PROV1-DED that the office, studio ox' occupa- ing in which the practitioner resides and In a building accessory and PROVIDED further, no goods are publicly displayed on the prom- is shown other than s sim not larg- er than two ¢2) s~uare feet in total occupation (words only) of the 2 practitioner. !~-The sale at retail of farm gar- lng sign, either single or double (24) square fee~ per face area, ad~ 10--One (1) real estale sign, either than twelve (12) square feet in area the premises on which it is main- the required front yard distance and not less than ten (10) feet from each side line. When the sdveriising ~gn i~ for feet will be permitted on each five hundred (500) feet to one thousand (1000) feet of frontage on the highway or highways on which the property fronts, PRO- ',tIDED said sign is set back not less than the front yard resiric- ten (I0) feet from each side line. The lower edge of the sign shall the ground and the upper ed=-e of fifteen (15) feet six (6) inches above the ground. If the premises has a frontage of less than five hundred (500) feet, the sign shall have an shall apply. of this Ordinance when authorized SECTIOI~ 301--"A" ~-]~EIGI:CI~ -- ~ the "A" Resldentiel and Agricultural District. no building, hereafter erected or altered, shall exceed thirty-live (35) feet or three (3) stories. Except public or semi-public build- Ings may be erected to a height not exceeding fifty (50) feet when set b~ek an additional six (6) inches on all coed the height of thirty-five (35) feet. four {4) fa~lies. five (35) feet from each ~treet hne feet. .-'... [ be used, and no building shall be here- 4. Exceed lif~een (15) feet (6) Inches lrom g~ound level to the t4--Fat rendering. 15--Fer tfllzer manu/acture. l~--Garbage, offal or dead animals, special exception by the Board of Ap- age. other junk yards. 25--Feiroleum relining. 26--~otash ~'orks. el--Rubber or gutla percha manufac- frontage of les~ than one hundred ~lO0i feet. SECTION 505 -- OFF-STR~'f pARKING Ai~EA--In the "C" Indus- trial District, no builchng shall be hereafler erected or altered or ~dded shall be ia~ued until ghe Builchng In- the provisions of this OrdLnance. SECTION 70B--A permi~ will be re- quired prior to the commencing of work 300, paragraphs 8, 9 and 10 oI this Ordinance I~ietal identification tags, serially numbered shall be affixed by SECTION ~05--For each application hereinafter provided, there ~hall be s fee oI fifteen do]lass ($15./)0) accom- the renewal fee to be one half (~) the or/g/nM fee. change of the Ordinance or ehan~e of 902 of Article IX oi th~ Ordinance, by the Town Law. peals may, in a specific case oiler pub- harmony ~ith their general pu~ose Where there are practical difficch- way of carrying ou~ the strict ]eL~er of shall have the power to va~ or modify of Appeals shall ~pprove thereol, the ing, authorize such purmissive use and use may be l~eated, subject, ho~ c to the renewing: to be located or of permitted or legacy other emergency apparatus or by th~ persons upon such plot; ~lO) Whether the use, or the struc- tures to be Uzed therefor, will cause centration et population; (11) Whether the plot area Is suf- ficient, appropriate and adequate /or the use and the reasonabIy anticipated (12) Whether the u~e to be operated other place of public assembly. (c) The Board of Appeals shall. Lq desirable to preserve and protect the spirit and objectives of this Ordinance. (II) When, Lq its Judgment, the pub- will be substantially served, and pro- vided that the legalIy established or permitted use oI neighborhood proper- ty and adjacent use districts will not be substantially or permanently in- jured, the Board of Appeals may, after public notice and hearing and subject to appropriate conditions and safe- guards as outlined, authorize the grant- la) Wlxere a district boundary divides a lot which is proved to the satisfaction of the Board of Appeals to ship at the effective date of lhis Ordin- may be adjusted to extend to the whole or any part of such lot but not by proceeding Lq the following ~nanqer.{ SECTION 90i--The Town Board by Resolution adopted at · ~tated meet/rig shall fix the time and place of a public ti~ing for a public hearing, shall in a SECTION 9~2--In case, however, cf included in such proposed change, or of that immediately adiacent thereto, extending one hundred (tOOl feet therefrom, or of that direclly opposite full opportunity to be heard shall be given to ~ny citizen and all partiea in (1) A non=conformm~ building ? th) tklI of the Lots on the following de-~cribed mapa shall De excepted from New York, Alap by O. ~,V. Van Tuyl, (4) Map of .Sub-dnvision known as (5) 3,[ap of Southwood, Map file No. (6) Plan of Lots owned by George (7) Bayslde Terrace, ]3ay View, (8) ~,Ve~t Creek Development, South- No. 1236; (9) Sub-flivLsien Map of Cedar Beach N. Y. dated -~eptember 26, 1926, /ilo No. 90; (10) Map of Goose Neck, 8euthold, N. Y. Map dated 1948. tile No, 1663; (I1) Pc'conic Shores, Peconie, N. Y., 27, 1922, No. 1 and No. 2; (12) Nassau Farms. Peconlc. N. Y. Map by O. W. Van Tuyl, No. 1179; l~fap of O. W. Van Tuyl, April 21, 1930, File No. 763; Section D. Xtap by O. W. Van Tuyl. l%tarch 24, 1926; and Amended Map-- Section A No. 156; (15) Captain Kidd Estates, MatHtuck, .~,diEDING ZONE ORDINANCE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ~ orcLinance cla~sL~yl~, regulating "sha~l" is mandatory and not directory, usually occupied singly and no pro- vision made for cooking in any in. Land occupied or to be occupied for (no~ a street line) throughout the 'whole width of the lot. 2~I~DE yA.R~--The required open slmce extendln~ along the side lot lines grounc~, athletic field, ~t~g ~rlc~t~ f~, po~ ~a~, (1) p~va~ garde, when Io~d n~t ~me lot and not ]nvolv~g ~e con- duc~ of a ~ep~ate bus~_ ~ ah~l be ~derst~ ~ ~clude the apply. SECTION 301--"A" ilEIGliT--In which the bttllding exceeds tor~y (40) feet ~ height- a dwelling, there shall be ~, rear yard having a minimum depth of l~,lty (50) du$~rl~l DLstrlct, coatmerclal advertls- l~gh by ten (10) feet long, the boom : deemed to apply to tile temporary or ~easonal camp of any ur~t cd the authority W eu/orce the provision~ o! Ior a building perml/~ and the accom- ~EGT~ON ~2--~he Board of Ap- pea~ shall make rules ~ ~ the ~n- SE~ON 80~U~ the f~g ~ SECTION ~e Ta~ Bo~d by ~r~d~g i~ the follow~g ~: (c) ~ Town Board. before ~ver- A non-conforming use of a building may be changed to a use of the same changed to a uze of ~, similar or higher din~nce be declared by a court of be £he minimum requtremnt~ £or the ADOPTED BY THE SOUTI{OLD TO~VN BOARD ON APRIL 9, 1957 ,:~JII:DING ~.O~E ORDI~4ANCE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ~ud z~t~ct~g ~e height, ~r of ~, s~ of b~d~gs and o~er with or without me~l~ e~d In which uiually occupied singly and no pto- ~talon made for cookln~ in any in- (no~ a street linc) throughout the 'whole w/dth oi the lot. apply. the "A" Residential and A~ricul~tu-al Iai exception by the Board of AppeeJa · s hereinaiter provided. carting or ha~llng offices or stations. each (10) feet or Iractlon therof which the building exceed~ forty (40) feet in height. ~eptJon by the Boxrd here&naD-er pro¥1dedL 9~C~ke other Jurd~ yards. where property is bounded on any side by a railroad right-of-way or on a rea~ ae deemed to apply to the temporary or seasonal camp of any unit at the Boy Scouts of .~aerlca or t~c Girl Scouts of America or other such or- 9osed by tJ~e Town or by other com- petent Ooverrunental ai~ency; (8) To the n~e~lty for blt~o~ s~t par~ oI vehicl~ ~cide~l or proDer~y ~ca~e of f~, flood, (1~) ~ether the ~ to ~ o~ra~d (H) ~en, in 1~ ~d~ment, the ~ublic all au~o~wbilc or other JUnk yards In be the m.inim~m requ~remn~s ior the promoMon of the he~,l~h, .~feLy, morals or the general weliare of ~le To~'n. It ADOPTED BY THE SOUTHOLD TOWN BOARD ON APRIl, 9, 1957 P~g'e 6