HomeMy WebLinkAboutZoning Adoption - 1957]UDITII T 1~ P.W¢
OFFICE OF THE TO~N CLERK
TOWN OF SOUTtlOLD
Town ttall, fi~095 Main Road
P.O. Box 728
Southold, New Vork 11971
Tt~LEPHONE
June 29, 1983
Howard Pachman, Esq.
Pachman, Oshrin & Block,
6080 Jericho Turnpike
P.O. Box 273
Commack, New York 11725
Dear Mr. Pachman:
Enclosed herewith, please find certified copies
Board resolutions as adopted and pertaining to
of the Southold Town Zoning Ordinance, Sections
100-35B, and 100-145 as per your request.
of all Town
all araendments
100-35A,
The fee for same is $10.75 ($1.00 for each certified pmge and
$.25 for each additional page).
Very truly yours,
Judith T. Terry
Southold Town Clerk
§ 100-33 SOUTHOLD CODE § 100-36
provisions of this chapter, the front yard setback shall be the
average setback of the existing dwellings within three hundred
1300~ feet of the proposed dwelling on the same side of the street,
within the same block and the same use district.
§ 100-34. Corner lots.
On a corner lot. front yards are required on both street front-
ages, and one (1) 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 thirty (30) inches in height above
curb level shall be erected or maintained at street intersections
within the triangle formed by the street lines of such lot and a line
drawn between points along such street lines thirty (30) feet
distant from their point of intersection.
§ 100-35. Fences, walls and hedges.
Subject t~K~he provisions of § 100-34, fences, walls, hedges or
other live plarY~ings within five (5) feet of the property lines may
be erected and maintained, subject to the following height
limitations:
A, When located in the front yard along the front yard prop-
erty line, the same shall not exceed four (4) feet in height.
[Amended 5-29-73]
B, When located along side and rear lot lines, the same shall
not exceed six and one-half ~ B~.~z ) feet in height.
C. When located other than in the front yard area or along
side or rear lot lines, the same shall not exceed eight 18) feet
in height,l°
§ 100-36. Substandard lots. [Added 5-29-73]
In the A District, in the case of a lot held in single and separate
ownership on the effective date of this chapter and thereafter,
10028
§ 100-144 SOUTHOLD CODE § 100-145
provided that the application states that all requirements
of all other applicable codes or ordinances in effect are
complied with.
D. If the proposed use is in conformity with the provisions of
this chapter and all other applicable codes and ordinances,
a certificate of occupancy for the use of vacant land or for a
change of use or a nonconforming use shall be issued by the
Building Inspector within ten (i01 days after receipt of a
properly completed application. If a certificate of oc-
cupancy is denied, the Building Inspector shall state the
reasons therefor in writing to the applicant.
E. ]~very application for a certificate of occupancy or a
temporary certificate of occupancy shall be accompanied
by a fee of five dollars 155.). Copies of such certificate will
be issued upon payment of one dollar ~$1,1 per copy.
F. A certificate of occupancy shall be deemed to authorize and
is required for both initial occupancy and use of the
building or land to which it applies.
G. Upon written~request and upon payment of a fee of five
dollars ~$5.), the Building Inspector shall, after inspection,
issue a certificate of occupancy for any building; or use
thereof or of land existing at the time of the adcption of
this chapter, certifying such use and whether or not the
same and the building conform to the provisions of this
chapter.
H, A record of all certificates of occupancy shall be kept in the
office of the Building Inspector, and copies shall be fur-
nished on request to any agency of the town or to any
persons having an interest in the building or land affected.
§ 100-145. Penalties for offenses, lAmended 7-31-73]
For every offense against any of the provisions of this chapter
or any regulations made pursuant thereto, or failure t.o comply
with a written notice or order of the Building Inspector within the
time fixed for compliance therewith, the owner, occupant, builder,
architect, contractor or theix agents or any other person who
commits, takes part or assists in the commission of any such
offense or who shall fad to comply with a written orde~r or notice of
the Building Inspector shall, upon conviction thereof, he g~Llty of
a violation punishable by a fine not exceeding fifty dollars
or imprisonment for a period not to exceed six {6} months, or both.
Each week's continued offense shall constitute a separate, ad-
ditional violation.
TOWN BOAP" ~IE£TING MAv 29, 1973
proposed grant of scenic easement dated and
acknowledged by the said John B. Tuthill on said date,
NOW, THEREFORE, BE IT RESOLVED that the Town of Southold accep%
a scenic easement on property owned by Jahn B. Tuthill, three
parcels located in Orient, and generally described as follows:
1. A certain parcel of Land consisting of 21 acres, more
or Less, containing a lake, wood land and beach in the Hamlet of
Orient, Town of Southold, Suffolk County, New York, generally
bounded northerly by Long Island Sound; easterly by land of Horne
and others; southerly by Main (State) Road; and westerly by ~ nd
of Dorman and others.
2. A certain parcel of land consisting of 32 acres, more or
less, a farm and meadow land adjacent to Orient Harbor in the Hamlet
of Orient, Town of Southold, Su~f.olk County, New York, generally
bounded northerly by Main (State) Road; easterly by Land of Slawski
and othersl southerly by Orient Harbor; and westerly by land
formerly of Scheckenbach.
3. A certain parcel of land consisting of 46 acres, more or
less, of farm, wood and meadow lands located between Route 25 and
Hallock~s Bay in the Hamlet of Orient, Town of Southold, Suffolk
County, New York, generally bounded northerly by Main (State) Road;
easterly by land now or formerly of Peter Brown; southerly by
Hallock's Bay; and westerly by land now or formerly of Demarest.
IT IS FURTHER RESOLVED that the Supervisor be and hereby is
~uthorized and directed to execute said scenic easement agreement
on behalf of the Town of Southold and cause the same to be recorded
in the Suffolk County Clerk's Office.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest, Justice
Doyen.
5. Horses and domestic animals other than household
pets shall not be housed within 50 feet of any lot line.
On motion of Councilman Homan, seconded by Justice Demarest,
W}iEREAS the Southold Town Board proposed amendments to the
Building Zone Ordinance, together with the Building Zone Map forming
a Dart thereof, and
WHEREAS the proposed amendments were referred to the Southold
Town Planning Board and Suffolk County Planning Commission for
their report and recommendations, and
WHEREAS the Southold Town Board, pursuant to due notice, held a
public hearing thereon on the 15th day of May, 1973 at 7:30 P.M.,
at which time all interested persons were given an opportunity to
be heard,
NOW, THEREFORE, BE IT RESOLVED thatthe Building Zone Ordinance,
of the Town of Southold, Suffolk County, New York, together with
the Buiiding Zone Map forming a part thereof be amended as follows:
AMENDMENT NO. 96
I. By amending Article III, Section 300B by repealing
subdivision 14 thereof.
II. By amending Article III, 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 thereon, subject
to the following requirements:
(a) Not more than one such sale shall be
conducted on any lot in a~y one calendar year.
(b) Adequate supervised parking facilities
shall be provided.
(c) No signs, except on9 on-premises sign not
larger than 3 feet by 4 feet in size, d~splayed for a
period of not longer than one week immediately prior
to the day of such sale, shall be permitted.
(d) That a permit be obtained therefor from the
Building Inspector upon the payment of a fee of $15.00.
III. By amending Article III, Section 300C, subdivision 5 to
read as follows:
TO~¥N BOARD ~IF' ~IN6 OF ~[AY 29, 1973
Housing for flocks of more than 25 fowl shall not be
constructed within 50 feet of any line,
IV. By amending Article III, Section 303, to read as follows:
SECTION 303 ESTABLISHED FRONT YARD SETBACK - Where
property in the vicinity is improved with permanent dwellings
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, Section 305, subdivision (a) to
read as follows:
(a) ~en located in the front yard, along front yard
property line, the same shall not exceed four (4) feet in
height.
VI. By amending Article III, Section 305 by repealing
subdivision (d) thereof.
VII. By amending Article III by adding a new section thereto,
to be Section 306 to read as follows:
SECTION 506 - 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
that all other yard requirements are complied with.
VIII. By amending Article VI, Section 602, subdivision 7 to
read as follows:
7. Parking shall be provided in offstreet paved parking
areas which shall provide for one (1) parking space, three
hundred fifty (350) square feet in area, for each one hundred
(100) square feet of sales area or office floor area in each
building.
IX. By amending Article XIV by adding a new section, to be
section 1402, to read as follows:
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 ldts that
may be approved in a Cluster Development shall be computed
by subtracting from the total gross area ~ 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
of 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 set forth in the 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 acoordance with Article
XIV of this ordinance and the following conditions:
(a) Said Site Plan shall include areas within
which structures may be located, the height and spacing
TOWN OF SOUTHOLD
OFF[CE OF BUILDLNG INSPECTOR
TOWN HALL
SOUTHOLD, N. Y. 11971
TEL. 765-1802
Secember ~, 1978
Town Board
Town of Southold ~2,¢.~ 0 ~ 1.q7
Town Hall
Main Road
Southold, N.Y. 11971
Re: Proposed ~en~ents to
Zoning 0rdin~ce, Chapter 100
Gentlemen:
I would like to direct your attention to Article XIV, Section
100-1~I J (2) (a) and (b) which sets the building permit fees for
hotels, motels, business and industrial buildings.
Under NEW CONSTRUCTION a $50 fee is required for a building
up to qO,OOO sq.~t, i'±oor area with an additional 10~ for
each square foot over 10,000.
For ADDITIONS AND ALTERATIONS to hotels, motels, business
and industrial buildings the fee is $25 for 1,000 sq. ft.
and .05¢ a square foot of floor area over 1,000.
Accordingly, a building permit for a new commercial building
containing 10,000 sq.ft, of floor area requires only a $50
fee while a permit for au addition containing 10,000 sq.ft.
of floor area to an existing commercial building requires a
fee of $475.00.
This section of the fee schedule is confusing since it is not
consistent with the rest of the section des_ling with building
permit fees. I notice that applicants are as a consequence
paying a fee of $50 for a building permit whether it be for a
new commercial building or an addition to an existing commercial
building.
I would therefore like to recommend that the fee schedule be
reviewed and, if the sections I refer to are found to be in-
correct, they be amended. Until this is clarified it would
~iCo~aVing~y/the prope~
appear that the Town of Southold is not re
building permit fees due. ~
lly,
EDWARD HINDERMANN
Middle Road at Cutchogue, New York, and
WHEREAS a public hearing was held on the original application on
July 13, 1971, the Town Clerk issued a permit as authorized by
resolutions dated October 26, 1971 and August 8, 1972, subject to
the terms and conditions set forth in said resolutions,
NOW, THEP~EFORE, BE IT RESOLVED that the Town Clerk be and he hereby
is authorized and directed to issue a renewal permit to said Leander
Glover, Jr. for the excavation of sand, gravel, s~one, or other
materials from the above described premises for a term of one year,
subject to the same terms and conditions set forth in said resdlutions
of October 26, 1971 and August 8, 1972, and further subject to the
condition that the following fees to be paid before the permit is
issued:
$310.00 for the excavation of 15,500 cu. yds. of fill under
permit authorized by the Southo~ Town Board by resolutions adopted
October 26, 1971 and August 8, 1972, and
$310.00 for the estimated excavation of 15,500 cu. yds. of fill
under renewal permit granted by resolution of the Southold Tovzn Board
on September 11, 1973.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman H~man, Justice Suter, Justice Demarest.
Moved by Justice Suter, seconded by Councilman Homan,
WHEREAS George A. McCarthy applied to the Town Board for a single
trailer renewal permit dated August 27, 1973,
NOW, THEREFORE, BE IT RESOLIrED that the application of George A.
McCarthy to locate a single trailer on his property at south side
Main Road, Laurel, New York be and hereby is granted for a period
of six (6) months.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Justice Suter, seconded by Councilman Rich,
WHEREAS Sophie Saunders applied to the Tovzn Board for a single
trailer renewal permit dated September 6, 1973,
NOW, THEt~EFORE, BE IT RESOLVED that the application of Sophie
Saunders to locate a single trailer on her property at Main Road,
Laurel, New York, be and hereby is granted for a period 6~ six
(6) months.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved by Justice Demarest, seconded by Councilman Rich, it was
RESOLVED that Chief Carl Cataldo is hereby authorized to sign an
agreement on behalf of the Town of Southold with W. T. Grant for
the connection of a leased line alarm system to the alarm panel
of the communications console at Police Headquarters, Main Road,
~econic, New York.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homart, Justice Suter, Justice Demarest.
Moved by Councilman Rich, seconded by Councilman Homan,
~FttEREAS the Griswold-Terry-Glover Post %803, American Legion,
applied to the Town Clerk for a Bingo License, and
WHEREAS the Town Board has examined the application, and after
investigation, duly made findings and determinations as required
by law,
NOWj THEREFORE, BE IT RESOLVED that the Supervisor be and he
hereby is authorized and directed to execute on behalf of the
Town Board, the findings and determinations required by law, and
it is further
P~ESOLVED that the Town Clerk be and he hereby is directed to issue
a Bingo License to the Griswold-Terry-Glover Post %803, American
Legion.
Vote cf the Town Bc~d: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest.
Moved b~, Justice Suter, seconded by Justice Demarest,
~EREAS, a proposed Local Law No. 4 - 1973 was introduced at a meeting
of this board held on the 28th day of August 1973, and
WPIEREAS a public hearing was held thereon by th is board on the
llth day of September, 1973 at which time all interested persons
were given an opportunity to be heard thereon,
NOW, THEREFORE, BE IT RESOLVED that Local Law No. 4 - 1973 be
enacted as follows, to wit:
A LOCAL LAW TO PROVIDE FOR THE COMPILATION, REi~JMBERING
AND TABULATION OF THE LOCAL LAWS, ORDINANCES AND RESOLUTIONS
OF THE TO%FN OF SOUTHOLD
Be it enacted by the Town Board of the Town of Southold:
~ 1-1. Legislative Intent.
The local laws, ordinances and resolution of the Town of
Southold referred to in ~ 1-2 of this Article shall be known
collectively as the "Code of th-~ Town of Southold," hereafter
termed 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. Distribution of local laws, ordinances and resolutions.
Derivation Table
Old Number
(Source)
New Number
(Chapter, Title,
Article, Section)
Chapter 4
Assessors
Article I L.L. No. 1-1971
S 4-10 Sec,
~ 4-11 Sec. 2
~rticle II L.L. No. 2-1971
~ 4-20 Sec.
~ 4-21 Sec. 3*
~ 4-22 Sec. 4
*There was no Section 2 of this local
Chapter 10, Unnumbered
Ethics, Code of
Article I
~ 10-10
~ 10-11
[%r tic le II
~ 10-20
~ 10-21
§ 10-22
~ 10-23
Article III
~ 10-30
~ 10-3 1
~ 10-32
Article IV
~ 10-40
B 10-41
~ 10-42
Chapter 14,
Local Laws, Adoption of
~ 14-1
~ 14-2
~ 14-3
~ 14-4
~. 14~-5
Chapter 18,
Police Department
~ 18-1
~ 18-2
~ lS-3
~ 18-4
~ 18-5
~ 18-6
Ordinance
Article I
Sec. 1
Sec. 2
Article II
Sec. 1
Sec. 2
Sec. 3
Sec. 4
Article III
Sec. 1
Sec. 2
Sec. 3
Article IV
Sec. 1
Sec. 2
Sec. 3
L. L. No.
Sec.
Sec. 2
Sec.
Sec. 4
Sec. 5
L.L. No.
Sec. 1
Sec. 2
Sec. 3
Sec. 4
Sec. 5
Sec. 6
1-1964
2-1964
Adoption Date
2~23-71
2-23-71
6-30-70
Amended 7-31-73
2-18-64
9-29-64
SEP B73
~ew ~mber
(Chapter, ~itle,
Article, Section)
Chapter 100,
Zoning
Article I
§ 100-10
§ 100-11
~ 100-12
§ 100-13
Article II
~ 100-20
~ 100-21
$ 100-22
S 100-23
Article III
~ 100-30
§ lOO-31
~ 100-32
~ 100-33
~ 100-34
~ 100-35
~ 100-36
Article IV
100-40
§ 100-41
Article V
lOO-5O
~ 100-51
§ 100-52
Article VI
~ 100-60
~ 100-61
~ 100-62
~ 100-63
Article VII
~ 100-70
~ 100-71
Article VIII
~ 100-80
lOO-51
Article IX
~ 100-90
~ 100-91
~ 100-92
§ 100-93
Article X
lOO-lOO
~ 100-101
§ 100-102
~rticle XI
~ 100-110
~ 100-111
~ 100-112
~ 100-113
~ 100-114
~ 100-115
~ 100-116
~ 100-117
~ 100-118
Article XII
~ 100-120
~ 100-121
S 100-122
~ 100-123
~ 100-124
Old Number
_(Source)
Unnumbered
Ordinance
Article
Sec. 100
Article XVII
Sec. 1700
Sec. 1702
Article I, Sec.
Article II
Sec. 200
Sec. 201
Sec.
Sec. 203
Article III
Sec. 300
Sec. 301
Sec. 302
Sec. 303
Sec. 304
Sec. 305
Sec. 306
Article IV
Sec. 400
Sec. 401
Article V
Sec. 500
Sec. 501
See. 502
Article VI
Sec. 600
Sec. 601
Sec. 602
Sec. 603
Article VII
Sec. 700
Sec. 701
Article VIII
Sec. 800
Sec. 801
Article IX
Sec. 900
Sec. 901
Sec. 902
Sec. 903
Article X
Sec. 1000
Sec. 1001
Sec. 1002
Article XI
Sec. 1100
Article XII,
Sec. 1101
Sec. 1~02
Sec. 1103
Article XII,
Article XII,
Article XIi,
Article XII,
Article XIII
Sec. 1300
Sec. 1301
Sec. 1302
Sec. 1303
Sec. 1304
Adoption Date
4-9-57; renumbered and revised
in its entirety 11-23-71
101 Amended 7-31-73
Amended 7-31-73
Amended 5-29-73; 7-31-73
Amended 5-29-73
Amended 5-29-73
Added 5-29-73
Amended 5-29-73
Amended 7-31-73
Amended 7-31-73
Sec. 1201
Sec. 1200
Sec. 1202
Sec. 1203
Sec. 1204
Amended 7-31-73
SEP lg73
New Number
(Chapter, Title, Old Number
Article, Section) ISource)
Article XIII Article XIV
~ 100-130 Sec. 1400,
~ 100-131 Sec. 1400A
~ 100-132 Sec. 1400B
~ 100-133 Sec. i~00C
§ 100-134 Sec. 1400D
~ 100-155 Sec. 1401
§ 100-136 Sec. 1402
Article XIV Article XV
~ 100-140 Sec. 1500
~ 100-141 Sec. 1501
§ 100-142 Sec. l~b2
~ 100-143 Sec. 1503
~ 100-~44 Sec. 1504
~ 100-145 Sec. 1505
~ 100-146 Sec. 1506
Article XV Article XVI
~ 100-150 '~ Sec. 1600
~ 100-151 Sec. 1601
Bulk and Parking Schedule
Chapter Al05, Resolution
Grievance Procedures (no number)
§ Al05-1 Sec. 1
~ A105-2 Sec. 2
~ A105-3 Sec. 3
~ A105-4 Sec. 4
Adoption Date
first paragraph
Added 5-29-73
Amended 7-31-73
Amended 7-31-73
Amended 7-31-73
Amended 5-29-73
5-7-63
I
Chapter Al06,
Subdivision of Land
Article I
~ A106-10
~ Al06-11
~ A106-12
~ A106-13
Article II
~ A106-20
~ A106-21
~ A106-22
§ A106-23
~ A106-24
~ A106-25
~ A106-26
~ A106-27
Article III
~ A106-30
~ A106-31
~ A106-32
~ A106-33
~ A106-34
~ A106-35
~ A106-36
~ A106-37
~ A106-38
Article IV
~ A106-40
~ A106-41
~ A~06-42
~ A~06-43
Article V
~ A106-50
§ A106-51
~ AI06-52
Approved by
resolution
(no number) Board 9-26-67
Article I
First paragraph
Second paragraph
Third paragraph
Article II Amended 5-8-33
Article III
First paragraph Amezd
Adopted by the Planning Board
9-6-67; approved by the Town
First paragraph
Sec. 1
Sec. 2
Sec. 3
Sec. 4
Sec. 5
Sec. 6
Sec. 7
Sec. 8
Article V
Sec. 1
Sec. 2
Sec. 3 ~
Sec. 4
Article VI
Sec. 1
Sec. 2
Sec. 3
Amended 5-8-73
Amended 11-7-68; 5-8-73
Amended 5-8-73
Amended 5-8-73
Amended 5-8-73
Amended 5-8-73
Amended 5-8-73
5-8-73
5-8-73
Sec. 1 Amended 11-7-68;
Sec. 2
Sec. 3 Amended 5-8-73
Sec. 4 Amended 5-8-73
Sec. 5 Amended 11-7-68;
Sec. 6 Amended 5-8-73
Sec. 7 Amended
Article IV
Section 2.
A new Subsection (h) is hereby added to Section IV to read as
follows:
"(h) The removal of two (2) inches or less of topsoil
annually during the normal cperation of god farming."
Section 3.
This ordinance shall take effect immediately.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Homart, Justice Suter, Justice Demarest, Justice
Doyen.
Moved by Councilman Rich, seconded by Councilman Homart,
~EREAS, a public hearing was held by this board on the ]_7th day of
July, 1973 at 7:30 o'clock P.M.~ on the matter of the amendment of
the zoning ordinance of the Tow~-of Southold,
NOW, THEREFORE, BE IT RESOLVED that the zoning ordinance of the
Town of Southold is hereby amended as follows:
The Zoning Ordinance of the Town of Southold adopted 4-9-57 and
amended in its entirety 4-8-58 and 11-23-71 is hereby amended as
follows:
Section 1. IA Article I, Section 101, the definition of "YARQ%)
FRONT" is hereby amended to read as follows:
"YARD, FRONT -- An unoccupied ground area fully open to the
sky between the street line, or between the street 'kine
established by the Official Map of the town or an al~prove
subdivision plat, and a line drawn parallel thereto."
Section 2. In Article II, Section 200~ the designated title
of the C-1 District is hereby amended to read as follows: "General
Industrial Districts."
Section 3. In Article III, Section 300:
A. Subsection 7(a) under B, Uses Permitted by Special Exception
by the Board of Appeals, is hereby amended to read as
follows:
"No building, tent, activity area or recreation facility
shall be less than two hundred (200) feet from any lot line,
and any such building, tent, activity area or recreation
facility shall be effectively screened therefrom as required
by the Planning Board. Buildings intended for use as
sleeping quarters shall be not leas than thirty (30) feet
from each other, except tents, which shall be not less than
ten (10) feet apart."
B. Subsection 9(a) under B, Uses Permitted by Special Exception
by the Board of Appeals, is hereby amended to read as follows:
"(a) There shall be docking or mooring facilities for not
more than two (2) boats other than those owned and used
by the owner of the premises for his personal use."
C. Subsection 1 under C, Accessory Uses, Limited to the
Following, is hereby amended to read as follows:
"1. Home occupations, provided that:..."
D. Subsections l(e) and (f) under C, Accessory Uses, Limited
to the Following, are hereby repealed.
Section 4. In Article VII, Section 700, Subsection A1 is hereby
amended so as to refer to "...Section 300A, Section 400A, Section 500A,
Section 600A, and Section 602..."
Section 5. In Article IX, Section 900, Subsection 21 is hereby
amended to read as follows: "0il, rubber or leather manufacture."
Section 6. In Article XIII, Section 1301, Subsection C(2) (i) is
hereby amended to read as follows:
"(i) Whether a hazard to life, limb or property because of fire,
flood, erosion or panic may be created by reason of or as a
result of the use, or by the structures to be used therefor,
or by the inaccessibility of the property or structures
thereon for the convenient entry and operation of fire and
other emergency apparatus, or by t~ undue concentration or
assemblage of persons upon such plot."
Section 7. In Article XV, Section 1501, Subsection 10, the section
reference under the entry for "SIGNS" is hereby amended to read as
follows: "... Section 300C6(a)..-"
Section 8. In Article XV, Section 1505 is hereby amended to read
as follows:
"For every effense against any of the provisions of this ordinance
or any regulations made pursuant thereto, or failure to comply with a
written notice or oder of the Building Inspector within the time fixed
for compliance therewith, the owner, occupant, builder, architect,
contractor or their agents or any other person who commits, takes part
or assists in the commission of any such offense or who shall fail to
comply with a written order or notice of the Building Inspector shall,
upon conviction thereof, be guilty of a violation punishable by a fine
not exceeding fifty dollars ($50.) or imprisonment for a period not to q
exceed six (6) months, or both. Each week's continued offense shall
constitute a separate, additional violation."
Section 9. In Article XV, Section 1504 Subsection 2 is hereby
amended to read as follows:
"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 special exception
or special permit ~se or site plan approval has been duly granted.
Every certificate ~f occupancy for which a special exception, special
permit or site plan approval has been granted or in connection with
%~ich a variance has been granted by the Board of Appeals, shall contain
a detailed statement of any condition to which the same is subject."
Section 10. This ordinance shall take effect as provided by law.
Vote of the Town Board: Ayes: Supervisor Ma~tocchia, Councilman
Rich, Councilman Homan, Justice Suter, Justice Demarest, Justice
Doyen.
Moved by Councilman Rich, seconded by Councilman Homan,
WtLEREAS a public hearing was held by this board on the 17th day of
July, 1973 at 7:30 o'clock P.M. on the matter of the amendment of
the traffic ordinance of the Town of Southold,
NOW, THEREFORE, BE IT RESOLVED that the traffic ordinance of the
Town of Southold is hereby amended as follows:
Section 1.
Article III, Section 1, of the Traffic Ordinance of the
To%~n of Southold adopted 6-21-66 is hereby amended and revised as
follows:
"The following streets or parts of streets are hereby designated
as one-way streets, and vehicles shall proceed only in the direction
indicated within the limits designated below:
Name of Street
Beckwith Avenue
Fones Street
Hobart Avenue
Direction
Northerly and
easte~y
Easterly
Southerly
Location
Entire length
Mechanic Street
Southerly
Winthrop Drive
Southerly
Entire length
Between New York Route 25
(Main Road) and Korn Road
Between New York Route 25
(Main Road) and Mechanic
Street East
Between Ferry Road and
Whistler Drive"
of Travel
section with
New Suffolk Avenue
Bray Avenue
Bray Avenue
Sound Avenue
Rocky Point Road
Champlin Place
ChampLin Place
Reeve Avenue
(hamlet)
Mattituck
Ma ttituck
Mattituck
Mattituck
East Marion
Greenport
Greenport
Mattituck
Stop Siqn on
Airway Drive North
Albo Drive (north West
end)
Albo Drive (south West
end)
Aldrich Lane North
Aquaview Avenue West
Atlantic Avenue North
Bailey Avenue North
Bailie Be~ch Road East
Section 2.
Article IV, Section 1, is hereby amended and revised as follows:
"The following highway intersections are hereby designated as
stop intersections and stop signs shall be erected as follows:
Direction At Inter- Location
"Section 4. Parking for limited time only.
"The parking of vehicles is hereby prohibited for a longer
period of time than that designated, between the hoars indicated,
in any of the following locations:
Name of Street Side Between the
Oaklawnn Avenue Both
hours of
8:00 A.M. and
4:00 P.M.,
except on Satur-
days, Sundays
and Holidays
Time
Limit
1 hour
Love Lane Both 8:00 A.M. and 2 hours
6:00 P.M.
Location
Between a point 300
feet southerly of
the south curbline
of Main Street (New
York Route 25) and
a point 700 feet
southerly of the
south curbline of Main
Street (New York
Route 25)
Between New York Route
25 and Pike Street
Section 6. When effective,
~ This ordinance shall become effective immediately as
provided by law.
~OW, THEREFORE, BE IT RESOLVED that a public hearing be held by this
board with respect to such amendment at the Supervisor~s Office, 16
South Street, Greenport, New York at 7:30 o'clock P.M. on the 17th
day of July 1973, and it is further
RESOLVED that the Tow~ Clerk be and he hereby is authorized and
directed to give notice of such hearing as required by law.
Vote of the Town Board: Ayes: Supervisor Martocchia, Justice
Suter, Justice Demarest, Justice Doyen.
On motion of Justice Demarest, seconded by Justice Suter,
¥~EREAS the Town Board desires to amend the zoning ordinance of the
town as follows, to wit:
The Zoning Ordinance of the Town of Southold adopted 4-9-57 and
amended in its entirety 4-8-58 and 11-23-71 is hereby amended as
follows:
Section 1. ~n Article I, Section 101, the definition of "YARD,
FRONT" is hereby amended to read as follows:
"YARD, FRONT -- An unoccupied ground area fully open to the
sky between the street line, or between the street line
established by the Official Map of the town or an approve
subdivision plat, and a line drawn parallel thereto."
Section 2. In Article II, Section 200, the designated title
of the C-1 District is hereby amended to read as follows: "General
Industrial Districts."
Section 3. In Article III, Section 300:
A. Subsection 7(a) under B, Uses Permitted by Special
Exception by the Board of Appeals, is hereby amended
to read as follows:
"No building, tent, activity area or recreation facility
shall be less than twoo hundred (200) feet from any lot
line, and any such building, tent, activity area or
recreation facility shall be effectively screened therefrom
as required by the Planning Board. Buildings intended
for use as sleeping quarters shall be not less than thirty
(30) feet from each other, except tents, which shall be
not less than ten (10) feet apart."
B. Subsection 9(a) under B, Uses Permitted by Special Exception
by the Board of Appeals, is hereby amended to read as follows:
"(a) There shall be docking or mooring facilities for not
more than two (2) boats other than those owned and
used by the owner of the premises for his personal use."
C. Subsection 1 under C, Accessory Uses, Limited to the
Following, is hereby amended to read as follows:
"1. ttome occupations, provided that:~.."
D. Subsections l(e) and (f) under C, Accessory Uses, Limited to
the Following, are hereby repealed.
TO!¥N BO. ~ ~IEE'rING OF JUNE 19, 1973
Section 4. In Article VII, Section 700, Subsection A1 is
hereby amended so as to refer to "...Section 300A, Section 400A, Section
500A, Section 600A and Section 602..."
Section 5. In Article IX, Section 900, Subsection 21 is hereby
amended to read as follows: "Oil, rubber or leather manufacture."
Section 6. In Article XIII, Section 1301, Subsection C(2) (i) is
hereby amended to read as follows:
"(i) Whether a hazard to-life, limb or property because of
fire, flodd, erosion or panic may be created by reason
of or as a result of the use, or by the structures to
be used therefor, or by the inaccessibility of the q
property or structures thereon for the convenient entry
and operation of fire and other emergency apparatus, or
by the undue concentration or assemblage of persons
upon such plot."
Section 7. In Article X];, Section 1501, Subsection 10, the
section reference under the entry for "SIGNS" is hereby amended to
read as follows: "...Section 300C6(a)..."
Section 8. In Article XV, Section 1503 is hereby amended to
read as follows:
"For every offense against any of the prouisions of this
ordinance or any regulations made pursuant thereto, or failure to
comply with a written notice or order of the Building Inspector
within the time fixed for compliance therewith, the owner, occupant,
builder architect, contractor or their agents or any other person
who commits, takes part or assists in the commission of any such
offense or who shall fail to comply with a written order or notice
of the Building Inspector shall, upon conviction thereof, be guilty
of a violation punishable by a fine not exceeding fifty dollars ($50. or
imprisonment for a period not to exceed six (6) months, or both. Each
week's continued offense shall constitute a separate, additional
violation."
Section 9. In Article XS;, Section 1504, Subsection 2 is hereby ~
amended ~o read as follows:
"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 ~nd or use requiring a site plan approval
by 'the Planning Board unless and until such special exception,C~special
permit use or site plan approval has been duly granted. Every certificate
of occupancy for which a special exceptin, special permit or site
plan approval has been granted or in connection with which a variance
has been granted by the Board of Appeals, shall contain a detailed
statement of any condition to which the same is subject."
Section 10. This ordinance shall take effect as provided by
law.
WHEREAS this board desires to hold a public hearing with respect
to said amendment,
NOW, THEREFORE, BE IT RESOLVED that a public hearing be held by
this board with respect to such amendment at the Supervisor's Office,
16 South Street, Greenport, New York at 7:30 o'clock P.M. on the 17th
day of July 1973, and it is further
RESOLVED that the Town Clerk be and he hereby is authorized and
directed to give notice of such he, ring as required by law.
Vote of the Town Board: Ayes: Supervisor Martocchia, Justice
Suter, Justice Demarest, Justice Doyen. /
On motion of Justice Demarest, seconded by Justice Surer,
WHEREAS the following local law being proposed Local Law No. 2-1973
was heretofore introduced at this meeting of this board, said local
law being as follows, to wit:
LOCAL LAW NO. 2 - 1973
A LOCAL LAW TO PROVIDE FOR THE CONTROL OF LITTER IN THE TOW/~
OF SOUTHOLD
Be it enacted by the Town Board of the Town of Southold:
TOIVN BOARD - 'ETING OF NOVEItIBER 23, 1974
Section 2. The work to be done in cooperation with and
under the direction and supervision of Robert W. Tasker, the
Town Attorney.
Section 3. The cost of such Code shall be $6,500.00 payable
in accordance with said contract.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Valentine, seconded by Justice Demarest,
WHEREAS, this Board held a public hearing on the 28th day of
September, 1971, in the matter of the amendment of the town
ordinance entitled "The Building Zone Ordinance of the Tow~
of Southold, Suffolk County, New York" together with the
Building Zone Maps forming a'part 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 Southold, Suffolk County, New York" together with
the Building Zone Maps forming a part thereof consisting of six
sections designated A to F inclusive and which have been signed
by the members of this Board be amended as follows, to wit:
ARTICLE I
PURPOSES - DEFINITIONS
SECTION 100 - PURPOSES - There is hereby established a
comprehensive zoning plan for the Town of Southold, which plan
is set forth in the text and map that constitute this ordinance.
Said plan is adopted for the purposes set forth in Article t6
of the Town Law, which, in the interest of the protection and
promotion of the public health, safety, and welfare, shall be
deemed to specifically include the following, among others:
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 for privacy for families;
4. The prevention and reduction of traffic congestion,
so as to promote efficient and safe circulation of vehicles
and pedestrians;
5. The maximum protection of residential areas;
6. The gradual elimination 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 promote the most
appropriate use of lands to facilitate the adequate and economical
provision of streets and utilities and to preserve the natural
and scenic qualities of open lands;
9. The fostering and protection of agriculture and
fisheries.
TOWN BOARD ~ETING OF NOVEMBER 23, 197
SECTION 303 - ESTABLISHED FRONT YARD SET-BACK - ~aere
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 ordifiance, 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 intersections 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 inter-
section.
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 limitations:
(a) When
property line,
height.
located in the front yard, along front yard
the same shall not exceed three (3) feet in
(b) When located along side and rear lot lines the same
shall not exceed 6-1/2 feet in height.
(c) [~en located other than in the front yard area or
along sid~ o~ rear lot lines, 'the same shall 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 Article 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 building or part of ~ 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 follow-
ing:
A. Permitted Uses
1. Any permitted use set forth in and as
by Section 300A of this ordinance.
regulated
2. Multiple
not more than four (4)
3. Boarding
dwellings designed for and occupied by
families.
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 Exception
by the Board of Appeals has hereinafter provided and subject to
Site Plan approval by the Planning Board in accordance with
Article XIV hereof.
~O~ TOIVN BOA[Ir '.EETING OF NOVE~BE}{ 23, 19'
8. A record of all certificates of occupancy shall be
kept in the office of the Building Inspector and copies shall
be furnished on request, to any agency of the Town or to any
persons having an interest in the building or land affected.
SECTION 1503 - PELANTIES - For every violation of the
provisions of this ordinance or any regulations made pursuant
h~reto, or a failure to comply with a writte~ notice or order
of the Building Inspector within the time fixed for compliance
there~"ith, the owner, occupant, 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 con-
stitute a separate additional violation.
SECTION 1504 - REMEDIES - In case any building or
structure is e~ected, constructed, reconstructed, altered,
repaired, converted or maintained, or any building, structure
or land is used in vi~lation of this Ordinance, or of any
regulations made pursuant thereto, in addition to other
remedies provided by law, any appropriate action or proceeding
whether by legal process~ otherwise, may be instituted, or
taken to prevent such unlawful erection, construction, re-
construction, alteration, repair, conversion, amintenance or
use, to restrain, correct or abate such violation, to prevent
the occupancy of said building, structure or land or to prevent
any ~legal act, conduct, business, or use in or about such
premises.
X-VI. By renumbering Article IX to be Article XVI, and amending
the same to read as follows:
ARTICLE
AMENDMENTS
SECTION 1600 - The Town Board upon its own motion or by
petition may, from time to time, amend, supplement, change,
modify or repeal this Ordinance including the Zoning Map, bF
proceeding in the fdlowing manner: The Town Board by resolution
adopted at a stated meeting shall fix the time and place of a
public hearing on the proposed amendment and cause notice
thereof to be given pursuant to the provisions of the Town Law.
The Town Board, before advertising for a public hearing, shall
in a written request, instruct the Town Planning Board to
prepare an official report defining the conditions described
in a petition and determine the area so affected with its
recommendations.
SECTION 1601 - FEES E~gry petition for a change of
amendment to this ordinance or the zoning map shall be filed
with the Town Clerk and shall be accompanied by a fee of
$100.00.
INTERPRETATION,
ARTICLE XVII
VALIDITY, AND EXCEPTIONS
SECTION 1700 - CONFLICTS
(a) Where a provision of this ordinance conflicts with
or imposes a different requirement than any other provision
of this ordinance, the provision or requirement which is more
restrictive or which establishes the higher standard shall
govern.
J
MAY
BUILDING
24, 1966
ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK' COUNTY
NEW 'YORK
25c
BUILD!NG ZONE ORDINANCE
:.Town Of Southold
Sufl:o[k Coun' y, New Yc, rk
An ordinance classitying, regnlating and restricting thc height, number
of stories, size of buildings and other structnrcs, thc percentage of lot that
may be occupied, the size of yards and other open ~paces, the density of
population, the location and use d buildings, structures and land for trade,
industry, residence and other purposes, (prowdcd that such regulations
shall apply to and affect only such part of 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 Sonthold with reasonable consideration, among', other things to the
most desirable nsc for whici~ the land of each district may be adapted, the ·
pecuIiar suitability for particular use of a district, the conserw'tion of prop-
erty values and the direction of building development in accordance with a
well considered plan and also to establish peualties for violation o~ these
regulations aa prescribed by the statutes,
Short TMe
ARTICLE I
ARTICLE II
AILTICLE
ARTICLE Ilia
ARTICLE '11112,
ARTICLE IV
ARTICLE IVA
ARTICLE
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
TABLE OF CONTENTS
Section
Definitions ..................................... 100
Districts ....................................... 200
"A" Residential aud Agricultural District ........ 300
"M" Multiple Residence District ................ 350
"Mi" Multiple Residence District ...... ] ....... 370
'B" Business District .................... ',: ...... 400
"B-I" Business District .............. ]]]i~.~', ..... 420
"B-2" Busiuess District ........... 440
'C" Industrial District ..........................
Tourist Camps, Camp Cottages and Trailers ...... 600
Applications and Permits ........................ 700
]Board of Appeals ............................... 800
Amendments ................................... 900
General Provisions .............................
WHEREAS, all the matters and things required to be done by the Town
Law oi the State o£ New York in order that the Town Board of the Town of
Soutbold. Suffolk County, State of New York, may wail itself of the powers
conferred by' said law have been duly complied
NOW THEREFORE, the Town Board o£ the To~vn o£ Southold, Su£- .
folk Conuty, State of New York, by virtue of the authority in it by law
invested hereby ordains and enacts the Mlowing ordinance,
SECTION 1--This ordinance shall be known and may be cited a~ "The
Building Zone Ordinance of the Town of Sou£hdd, Suffolk County, New
18--NON-CONFORMING USE -- A
b:llldlng or iprmnlse~ occupied by a use
symbol or mark painted upon or
20--STORY -- Thgt por/lan of
plates of which, on al least two (2)
DIsLrle{;
an ~ea ot no~ le~
[wen~-tlve ~hou~an~
Whe lower edge of the ~lgn shall
exception by tile ~oard of Appeals
he~'ei~m f ter provided.)
no btli]d~l~g shall be erected or altered
22--Ore r~duc~lon,
OCCUF,~NCY--(a) It ~hall be un-
or by the Inaecesslbihly of thc prop-
(12) Whe~ller the use to be oDel'a~ecl
~ther place of public assembly.
lP, le NO, 41.
fce~ far each f~mll¥ or dwellin~ uaLt.
MAY 24, 1966
BUILDING
ZONIE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLI< COUNTY
NEW
25c
BUILDING ZONF. ORDINANCE
.Town O, Southold
Sufio., County, New 'for]<
An ordinance clasMfyh',g, regulating and rcstricting' ~bc bcigll~, number
o£ stories, size of buildings and other structures, the percentog¢ of lot that
may be occupied, the size of yards aud c~ther open spaces, the density
po?ulation, the location and use of buildings, structures and land for trade,
industry, residence nnd other purposes, (provided tha~ such regulations
sbM] apply to and affect only such part of the town outside the limits of any
incorporated village), establishing ~he boundaries of districts for said
poses so as to promote the bealtb, sa/cty, morals and general wcliarc of tbe
Town of Southold with reasonable consideration, among tuber things to the
most desirable use for which the land of each district may bc adapted,
peculiar suitability' for particular usc of a district, the conservation of prop-
crty valucs and tim direction of building dov¢Iopmcnt in accordance with a
well considered plan and also to establish penalties for violation of tbese
regulations as prescribed by the ~ta~utcs.
Short Title
ARTICLE I
ARTICLE'II
ARTICLE III
ARTICLE Ilia
ARTICLE IIIB
ARTICLE IV
ARTICLE IVA
ARTICLE IVB
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
TABLE OF CONTENTS "
Section
Definitions .....................................
Districts ....................................... 200
".,V' Residential and .Agricultural District ........ 300
"M" Muhiple Residence District ................ 350
%{1" Multiple Residence District ...... ;; ....... 370
"B" Business District .................... ; ....... 400
"B-I" Business District ................... x. ...... .120
"B-2" B~a.4ucss District ......................... l 4.10
"C" Industrial District .......................... 5130
Tourist Camps, Camp Coaages and Trailers ...... 600
Applications and Permits ........................ 703
Board of Appeals ............................... 6133
Alneudments ................................... 990
General Provisions ............................. 1000
V~rHEREAS, all the matters and things required to be done by the Town
Law of the State of New York in order that the Town Board of thc Town of
Southold, Suffolk County, State of New York, may avail itself of the powers
conferi-ed by said law have been duly coxnplled x~itb. ',
NOW THEREFORE, the Town Board of the Town of Somhold, Suf-
folk County, State of New York, by virruc of tile attthority in it by law
invested hereby ordains and enacts the /ollowing ordinance.
SECTION 1--This ordinance shall be known ;nd may be cited as "The
Building' Zone Ordinance of the Town ol Southdd, Suffolk County, New
York."
iucluding any wriilng, leLter, figure,
· 5ymbol ol' nlark p~[nLed upon or in-
District
this Ordin,~nce, e×ccp~ for one (1) or
~wenw-fi¥e thousand
tha~ ten (10) feet, from each
there shc. ll be two (2) sidc yards, one
(1) on each £[dc of ~ho buildings, tho
dlrision (b), a roof
roof.
5g--.Sugar rcfining.
42--Tanning, curing or rAorage of
L;oard cf Appeals.
MAY
24,
BUILDING
1966
ZONE
ORDfNANCE
TOWN OF SOUTHOLD
SUFFOLK COUNT?
[.
NEW 'YORK
BUILD!NC ZONF ORDINANCE
Town Of Southold
Suffo!k County, New Yc,rk
An ordinance classifying, regulating and restrictinff :he height, number
of stories, size of buildings and al. her structures, the percentage of lot that
may be occupied, tim size of yards and othe? open spaces, the density oi
population, the [ocatlon and use of buildings, structures and land for trade,
industry, residence and other purposes, (provided tba: such regulations
shall apply to and affect only such part of ;.Lie town outside the limits of any
iocorporatcd village), establishing the boundaries of districts for said pur-
poses so as to promote the health, sa£ety, morals and general wcl£are of the
Town of Sonthold with reasonable consideration, among other things to the
roost desirable use for tvl:ici~ the /and of each district may be adapted, the
peculiar suitability ior particular use of a district, thc 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.
Sbort Title
ARTICLE I
ARTICLE'II
ARTICLE III
ARTICLE IIIA
ARTICLE IIIB
ARTICLE IV
ARTICLE IVA
ARTICLE IVB
ARTICLE ¥
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE ~IX
ARTICLE X
TA~L~ OF CONTENTS
Section
Definitions ..................................... I00
Districts ....................................... 200
"A" Resklential and Agricultural .District ........ 300
'M" Multiple Residence Dhtrict ............... 350
"M'I' 3lultiple Residence District ...... ~ ........ 't70
"B" Business District .................... '~ ...... 400
"B-i" Business District ................... } ..... 420
"B-2" Business District ................... .\ ..... 440
"C" Industrial District ......................... 500
Tourist Camps, Car, ap Cottages and Trailers ..... 6(Y9
Applications and Permits ....................... 700
Board of Appeals ............................... $00
Amendments ................................... 900
General Provisions ............................. 1000
WHEREAS, all tile matters and tlfings required to be done by the Town
Law of the State of New York in order that the Town Board of the Town of
Southpld, Suffolk County, State of New York, may avail itseI£ of the powers
conferred by said law have been duly complied v. lth,
NOW THEREFORE, the Town Board of the Town o~ Southold, Suf- .
folk County, State of New York, by virtue of tile au;horlty in it by law
invested hereby ordains and enacts the iollowiug ordi~aance.
SECTION' 1--Thls ordinance shall bc known and may be cited aa "The
Building Zone Ordinance of the Town of Soutbdd, Sugolk County', New
York."
~w~ni;y-flv~ ~hou~=nd (26,000)
(1) A~mqnas for the do¢lOng,
to thc dwelling.
on tho prcmlscs. One il> adVerLlslng
computing the per¢cnLage of log are.",
~o bc built upon and PROVIDED
furt.her that no buildin¢ of any kind
Yehlcle unit,
there shall be ~wo (2) side y~tds, one
(1) on each side of the buildings, tho
AItTICLE IV
division (b), a ~oof sign shall be
permitted 9rov/dcd
roof, and
roof.
for every four (4) beds.
37--Sulphuric, nitric or hydrochloric
-Il--Tallow, grease or lard manll-
tc) ~'l;c ISonrd o~ Agpcals shM;, in
:'.oard i:f Appeals.
BUILDING ZONE ORDINANCE
TOWN OFSOUTHOLD
SUFFOLKCOUNTY
NEW YORK
BUILDING ZONE ORDINANCE
Town Of Southold
Suffolk County, New York
An ordiuance classifying, regulating and restricting ~the height, numb_'r
of stories, size of buildings and other structures, the percentage o[ lot that
may be occupied, the size of yards and other open spaces, the deusity of
population, the location and use of buildings, strflctures and land for trade,
industry, reqidence and other purposes, (provided that such regulations
shall apply to and affect only such part of the town outside the limits of arty
incorporated village), establishing the boundaries oi[ districts for said par-
poses so as to promote the health, safety, morals and general welfare of the
To~a,u of Southold with reasonable consideration, among other thiugs to the
most desirable use for which the land of each district may be adapted, the
peculiar suitability for particular use of a district, thc conserva'tion of prop-
erty values and tbe direction of building development in accordance with a
well considered plan aud also to establish penalties for violation of these
regulations as prescribed by the statutes.
Short Title
ARTICLE I
ARTICLE I!
ARTICLE III
ARTICLE Ilia
ARTICLE II[B
ARTICLE IV
ARTICLE I\rA
ARTICLE IVB
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE 'IX
ARTICLE X
TABLE OF CONTENTS
Section
Definitions ..................................... 100
Districts ....................................... 200
"A" Residential and Agricultural District ........ 300
"M" Multiple Residence District ................ 350
"M 1" Multiple Residence District .............. 370
"B" Business District ........................... 400
"B-I" Busiuess District .......................... 420
"II-2" Busiuess District .......................... 440
"C" Industrial District .......................... ~00
Tourist Camps, Camp Cottages and Trailers ...... 600
Applications and Permits ....................... 700
Board of Appeals ............................... $00
Amendments ................................... 900
General Provisions ............................. i000
\~.rHEREAS, all the matters and things required to be done by the Town
Law of the State of New York in order that the Town Board of the Town of
Southold, Suffolk County, State of New York, may avail itself of the powers
conferred by said htw have been duly complied with.
NO\¥ THEREFORE, the Town Board of the Town of Southold, Suf-
folk County, State of New York, by virtue of the authority in it by law
invested hereby ordains and enacts the following ordinance.
SECTION l--This ordinance shalI be known and may be cited as "The
Buihting Zone Ordinance of the Town of Soathold, Suffolk County, New
York."
SECTION 100~Definitiorm--For the
purpose of this Ordinance, certain
building, subordinate to the main build-
HOUSES~A buiIding other than a
4~BUILDING -- A ~tructure having
building.
eighteen (18) inches, st~ps, one (1)
projections shall no~ be included in
detached or semi-detached building
two (2) families.
~nt of the lot on wl'dch It i~ erected,
two (2~ additional vehicles Inot trucks)
place of individuals who are lodging
the storage of old wood, paper, cloth
be sold as and for junk or salvage.
approved place.
ing a lo~ as defined herein.
directly or indirectly.
17B--MOTEL~A building containing
projecting more than 5ye (5) feet.
symbol or mark painted llpOrt or in-
1[ and the ceiling next above lt.
plates of which, on a~ ]eas~ two (2)
than ~wo (2) fee( above the finished
the soil.
space extending along the side lot lines
28~SIZE OP LOT-AREA--The area
ured inside all of its boundaries. _
AItTICLE I~
Dls~lets
For /he purpose of this Ordinance,
lhe Town of SouLhold, outside of the
zhall be designated as follows:
~-The sale at retail of farm, garden
or nursery products produced or grown
on the premises. One (1) advertising
sign, either single or double f~,ced, not
larger than four (4) feet by six CH)
feet in size, advertising lhe s~le of
~ 9--One (D real esf.~te sign, either
three (3) feet by four (4) feet in size
on which tk is maintained and set buck
thousand (lOOO) feet of fronlage on
the highway or highways on which the
properly fronts, PROVIDED said sign
than ten (10) feet from each side line.
The lower edge of the sign shall be
not less than three (3) feet above the
ground and the upper edge o[ the
khe ground. If the premises hgs a
lOtions as provided in Section 408
Appeals as hereinafter provided.
PROVIDED that, in case of a lot
held In single and separate ownersb.~p
at the effective date of this Ordtnance,
having a total depth of less than one
hundred (100) feet, a single family
dwelling may be built thereon with a
rear yard of less than twenty-five (25l
feet, when authorized as a special ex-
ception by the Board of Appeals as
hereinafter provided and PROViDED
further that in no case ~hall the rear
yard be less than fifteen (15) feet.
SECTION 309 -- "A" ACCESSORY
BUILDINOS--In the "A" Residenilal
and Agricultural District, accessory
buildings may occupy forty (t0) per-
cent of the requiged renr yard up to
an average height of eighteen (18) feet.
The y~rd agea allowed by such ~c-
cessory buildings shall be included in
computing the percei~tage of 1o~ area
to be built upon and PROVIDED
further that no building of any kind
or nature shall be built %vilhin flu'ce
(3~ feet of any lot 1/ne.
SEC'CION 310 -- OFF- STREET
PARKING AREA~In "A" Residen-
SECTION 35e--In the "1~I" Multiple
Residence District, no building or prem-
ises shall be used, and no building shall
be hereafter ereci~t or altered unless
o~herwise provided in this ordinance
excep~ for one (1) or more of the roi-
hereinafter provided.i
herelnaffer proyided.
SECTION 3§l--HEIGHT -- In the
building hereinafter erected or altered
shall exceed thirty-five (33) feet or
SECTION 352--BUILDIN~ AREA--
the total building area shmll not exceed
dence District, no IJuilding shall be
In the "M" 1Vfultiple Residence District,
less than thirty (30) feet,
SECTION 355--Where the property
in the vicinity is partly built up with
setback line has been established, no
shall project beyond the line of the
SECTION 356--In the case of a
adoption of this Ordinance, a front
than thirty-five (35) feet from each
hereinafter Drovided.
there shall be two (2) siqe yards, one
ll) side yard shall be less ~h~n ten
(10) feet.
SECTION 3§8--REAI% YARD -- In
the "A{" i%~ulfipla Residence District
feet.
excepii~ by the Board of ADpeals ~s
ARTICLE III B
"bY-l" l~fultiple Residence District
SECTION 370--In the "M-I" MulLiple
Residence District, no building cr
premises shall be used, and no build-
ing shall be hereafter erecte~l or altered
unless otherwise provided in this Or-
dinance except for one (Ii or more of
the following us~s:
1--AIl permitted uses in "A" Resi-
dential and Agricultural Dislrict~.
g~Dwellings designed for and oc-
cupied by not more than four (4)
be used, and no building shall be here-
for one (1) or more of the following
plants
plants.
lI~PIumbing shops.
14~Upholzterer shops.
mercial fuel docks and piers.
l~rry docks and ferry houses.
of the above permitled uses.
22~The sLripping of land to secure
salisfaclory top soil for grading or
other purposes is permitted, provided
material so obtained is used on the
immediate permises. If a building Is
being constructed or aliered mat-~rial
excavated in connection xvith such
construction or grading on the prem-
ises may be told however. Cement
block manufacturing, and nalural pro-
duction uses such a~ the excavation lor
sale of sand, gravel, clay. shale or
other natural mineral deposi~ are per-
miited only a~ a special excepiion by
the Board of Appeals.
SECTION 40i--No building may be
erected, altered, or used, and no lot or
that has been adjudicated a public
coed fifty (50) feet.
SECTION 403 -- "B" BUILDING
AP. EA--In the "B" Business District.
no building shaJl be creeled or altered
the lot area.
setback line hgs been established, no
shall project beyond the line of the
In the "B" Buslnes~ District. if a braid-
having a mininmm depth of fifteen
(15) feet. PROVIDED further that,
the case such building Is over forty (40)
feet high, the depth of the rear yard
shall be Increased five (5) feet for
each ten (lO) feet or fraction thereof
which the building exceeds forty (40)
feet in height.
POPULATION--In the "B" Business
District, no building shall hereafter be
(20) families on one (I) acre of ground
acre of land, based on the require-
SECTION 408 -- SIGNS -- Unless
ceptlon by the Board of Appeals as
hereinafter provided, the following
District:
(a) DETACHED 01% G R OU1Nqg)
SIGNS -- One (1) sign, single or
double faced, not more than ~lx (6)
feet slx (6) inches In height and twelve
(12) feet six (6) inches in width, lhe
lo.er edge of which shaJl be not less
than ti~ee (3) feet above the ground
and the upper edge of which shall not
extend mere than fifteen (15) feet
six 16) inches above the ground, which
sign shall be set back not less than
five (5) feet from all street and prep-
erty lines and shall advertise only the
business conducted on the premises.
Cb) WALL SIGNS--One (I) ~lgn at-
tached to or incorporated In each
building wall on a public street and
advertising only the business condffet-
ed in such building, provided such sign
I- Exceed two (2) square feet in
2 -- Exceed in width one hun~,~d
(100) percent of the horizontal meas-
urement of such wall.
g--Exceed ten (10) feet in heighL and
4--Exceed fifteen (15) feet six (6)
Inches from ground level to t.he upper
edge of sign, and
5~Project more than one (1) foot
from such wall.
lc) RO01~ SIGNS--In lieu of a wall
sign authorized by the preceding sub-
division (b), a roof ~ign shall be
permitted provided the same is
tached to or incorporated in a roof,
which sign shall advertise only the
business conducted in the building
upon which It is attached, and pro-
· lded that such sign does not:
l~Exceed two (2) square feet in
roof, and
of the roof in the ca~e of a pitched
two (2) feet slx (6) inches in height
above the highest pomt of the roof,
3~Project beyond the edge of the
SECTION 42(~-I-q the "B-I" BUS/-
nes~ District, no building or prer~l~es
shall be used and no building shall be
hereafter erected or altered umlesS
otherwise provided in this Ordtnance
except for one (1) or more of the
following uses:
and "B-2" Business Districts
2. The following uses when author-
7aomrd of Appeals as hereinafter pro-
fl. Places of amusement
b. Public g~rages.
e. Fishing stations.
ARTICLE V
a dwelling, there sh~ll be a rear ya~i
having a minimum depth o! flfiy (50)
feel.
sions of Article IV, Section 408 of this
Ordinance shall apply to signs in a
"C' Industrial Dlstrick
thirty (30) feet, prowded further that
by a railroad right-of-way or on a rear
line by a r~llroad right-of-way, there
or private right-of-way of at lemst
tbArly (30) feet.
SECTION 504~"C" SIZE OF LOT
AREA--In the "C" Industrial Dis-
trict, no building shall be erected or
altered on a lot having an area of less
than twelve thousand five ~undred
(12,500) square feet and a frontage of
less ~ha.u one hundred (10/)) feet.
SECTION 505 -- OF/?- STI~EET
fieate of Occupancy shall have been
Issued by th~ Building Inspector. Such
Certificate shall indicate that ~uch
building or premises or part thereof
any building or premises may be issued
be established by the Town Board.
SECTION 705~For each application
hereinafter provided, there shal[ be a
fee of five dollars ($5.00l accompany-
ing the application or appeal.
SECTION ~06--A1] permtts shall ex-
the renewal fee to be one half
the original fee.
SECTION 707- For each proposed
902 of Arlicle IX of this Ordinance.
ARTICLE VIII
Board of Appeals
SEOTION 80~ -- The Town Roard
shall appoint a Board of Appeals con-
(4) The availiability of adequmte a.nd
proper public or private facilities for
the treatment, removal or discharge
of sewage, refuse, or other elIluent
(10) Whether tile use, or the s~ruc-
(11) %Vhether the plot area Is suf-
other pI~ce of public assembly.
(c) The Board of Appeals shall, in
(2)- When, in its judgment, the
prov/ded that the legalIy eslablished or
the Board o[ Appeals m~y, after public
not/ce and hearing and subject to ap-
permik
ia) %Vhere a district boundary tine
divides a lot which is proved to 1he
e~ ~ince such date, the le~s restricted
use may be adjusted to ex~end to the
whole or any part of such lot but no~
more than fifty (50~ feet beyond the
boundary line of £he use district in
which sa!d 1o~ Is located.
(bi If the less restricted use ~hall
be extended ten (10~ feet or more
~ithin a residenNal use district, a
permanen~ open apace for a rear and
~ide yard of nat less than ~en (i0)
feet shall be provided Ior and main-
~ained wJihin the lot area as so ex-
tended. Also in such event, if the less
restricied use be extended more than
ten ¢I0) feeL, the .~aid minimum rear
~nd side yards shall be increased by
one (I) foot for each additionat ten
il0) feet of such extension.
SECTqON 802--'~he Board of Appeals
the Board of Appeals of an appeal or
Amendments
SECTION 900- The Town Board
upon its own moLlon or by l~etitlon
may. from time to time. amend, sup-
Ordinance including the Zoning Map.
by proceeding in the following ma~uaer;
Planning Board io prepare an of~iclal
of that immediately adjacent thereto.
extending one hundred il00) feet
feet from the street frontage of such
favorable vote of at least four (4)
full opportunity to be he~rd shall be
AP. TICLE X
General Prov/sions
EECTION 1000~Xn a Residential and
Agricultural D~strict where a lot abuts
on a parkway, the lot shall be con-
sidered to front ~nd have ~ fron~ yard
and where the buildin~ accords a,ith
by this ordinance for the district tn
of Appeals. The location of any o~her
be subject to ~he approval of ti~e Zon-
SECTION 1004~In any dislrlct, no
Public Garage for more than three (3)
ING USES -- Unless otherwise au-
la) The lawhil use of a bkulding ~r
premises existing on the effective date
of this Ordinance, or authorized by a
building permit issued prior thereto,
may be continued although such use
according to the provisions of this
lc) Whenever a dislrict shall here-
of a building or premises has been dis-
two (2) years, or changed to a higher
anything in this Section to the con-
forming ltse of such building or prem-
Health of the County of Suffolk, and
not In conflict with any of the pro-
visions of this Ordinance; PROVIDED,
however, that v4here this Ordinance
ed, constructed, reconstructed, altered,
repaired, converted or maintained, or
any building, structure or land is used
in violation of this Ordinance, or of
In addition to other remedies provided
granted by the Board of Appeals
hereinbefore provided.
(e) A non-conforming building may
percent of the fair value of the build-
ing, unless the use of such building is
(f) A non-conforming building which
has been damaged by fire or other
(50) percent of its fair value shall not
of such building is changed to a con-
zoned on the Zoning Map. ~hey shall
be considered to lie within ibc "A"
~esidential and Agricultural District
the Town of Southold except upon the
SECTION 1009~VALIDITY--Should
petent jurisdiction lo be invalid, such
of the To~%m. It is nol intended by this
SECTION 1012--PENALTIES -- For
any s. nd every violation of the pro~l-
SECTION 1013 -- EXCEPTIONS AS
TO CERTAIN SUBDIVISION LOTS--
tm) All of Lhe lots on a ccrLain map
old, Suffolk County, New York, riled
,a) Su~-dlviston Map of Founders
Estates. d~ted March 15, 1927. and
amendments thereto;
~4) Map of Sub-division known az
Kennewood, da~ed January 9, 1954, filed
a~ Map No. 2180;
(5) Map o[ Southwood, Map file No.
2141;
(6) Plan of Lots owned by George
H. Wells, Southold, N, Y, Map file No.
859:
tT) Bayside Terrace, Bay View,
Southold, N. Y. File No. 2034;
old, N. Y. l~lmp of April 20, 1937, File
N. Y. da~ed September 26, 1925, File
Map by O W. Van Tuyl, No. 1179;
Des-/<
Co'P y
BUILDING ZONE ORDINANCE
TOWN OFSOUTHOLD
SUFFOLKCOUNTY
NEW YORK
BUILDING ZONE ORDINANCE
Town Of Southold
Suffolk County, New York
A-n ordinance classifying, regulating at~d restricting- the height, numb2r
of stories, size of buildings and other structures, the percentage of lot that
may be occupied, the size of yards and other open spaces, the density of
population, the location ant[ use of buildings, structures and land for trade,
industry, residence and other purposes, (provided tbat such regulations
shall apply to and affect only such part of 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 $outhold with reasonable consideration, among other things to the
most desirable use for which the land of each district may be adapted, the
peculiar suitahility for particular use of a district, the conservation of prop-
erty values aud the direction of buildiug development in accordance with a
well considered plan and also to establish penahies for violation of these
regulations as prescribed by the statutes.
Short Title
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE Ilia
ARTICLE IIIB
ARTICLE IV
A 1,UI'ICL E IVA
ARTICLE IVB
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE 'IX
ARTICLE X
TABLE Ol~' CONTENTS
Section
Definitions ..................................... IIX)
Districts ....................................... 200
"A" Residential and Agricultural District ........ 300
"M" Multiple P. esidence District ................ 350
"M 1" Multiple I{esidence District .............. 370
"B" Business District ........................... 400
"B-I" Business District .......................... 420
"B-2" Business District .......................... 440
"C" Industrial District .......................... ~00
Tourist Camps, Camp Cottages and Trailers ...... 600
Applications and Permits ........................ 700
Board of Appeals ............................... 800
Ameudments ................................... 900
General Provisions ............................. 1000
VqHEREAS, ali the matters and things required to be done by the Town
Law of the State of New York in order that the Town Board of the Town of
Soutbold. Suffolk County, State of New York, may avail itself of the powers
conferred by said law have been dnly complied with.
NOx, V THEREFORE. the Town Board of the Town of $outhold, Su£~
folk Couuty, State of New York, by virtue of the authority in it by law
invested hereby ordains and enacts tbe following ordiuance.
SECTION l--Thi~ ordinance shall be known and may be cited as "The
Building Zone Ordinance of the Town o[ Sonthold, Suffolk County, New
York."
II--GARAGE-PUBLIC -- A building
other than a privale garage, used for
housing or care of gasoline or other
power driven vehicles, or where such
place of individual~ who ore lo:lging
with or without meals and in which
13~LOT--Land eccupied or to he oc-
cupied by a building and ils accessory
buildings together wilh such open
dinance and having its principal
16--LOT-TgrlROUGH -- An interior
1'/--LOT LINES--The lines b:und-
ing a lot a~ defined herein.
piers, wharves, docks, bulkhead/s, build-
of ~hich, or each pair of which has
kind of billboard, sign board, device
it and the ceiling next above il.
21--STOI~Y-HALF--A story under a
gable, hip or gambrel roof. lhe %vail
plates of which, on at least two (2)
the soil.
of a building, such as bearing walls,
detached building having leas than
three hundred fifty (aS0t square feet
25--FI{ONT YARD -- The required
(not a street line) throughout the
whole widlh of the lot.
28~SIZE OF LOT-AIEEA--The area
ured inside all of its boundaries..
- - ARTICLE II
Section 2(N)~USE DISTRICT
REGULATIONS--
For the purpose of this Ordinance,
the Towa of $outhold, outside of the
Incorporated Villages, Is hereby d~vided
shall be designated as Iollow&:
CULTURAL DISTRICTS
"M" MULTIPLE RESI]DENCE
"B-2" BUSINESS DISTRICTS
a~ sho~ll upon the Building Zone Maps
which accompany and which, with all
to be part of ~hls Ordinance, as If the
map were all tully described herein.
SECTION 202--No building shall be
purpose permitted in the zone in which
SECTION 203 -- The b~unda~les
indicate tha~ ~he district boundary line
location of a district boundary line
is not ortherwise de,ermined, It shah
be determined by the scale of /he map
shown on the mapped streets ~hall
the real intent and purposes of this
Ordinance lot the particular area in
"A" Residential and Agr, icultural
District
rial and Agricultural District, no build-
building shall be hereafter erected or
altered unless otherwise provided in
more of the following uses: ~
the breeding or raising of ducks)..
vided;
(a) The conversion ol ~ny build-
date hereof to a two family
dwelling.
of a two family dwelling pro-
vided that the lot shall have
¢200) feet.
(c) Clubs, fraternity houses and
ing establishments. '
if) Railway passenger stations.'
tures or facilities.
(ii Marines for the docking.
any of the above uses. when located
on the same lot and not involving
This shall be understood to include
are publicly displayed on the premises
on the premises. One (1% adverlising
l~rger than four (4) feel by six (6)
~ 9--One (D real estate sign. either
distance and not less than ten (I0)
four (24) square feel will be permiLtcd
thousand (1000) feet of frontage on
the highway or highways on which the
property fronts, PROVIDED said sign
apply.
of this Ordinance when authorized a~
a speclal exception bv the 19oard o[
Appeals as hereinafter provided.
lhe "A' Residential and Agricultural
District, no building, hereafter erected
or altered, shall exceed thirty-five (35)
feet or three (31 slories.
Except public or semi-public build-
an additional six ¢6) inches on all
sides for each fo~t such building~ ex-
ceed the height ot thirty-Bye (~51 feel
AREA--In the "A" Residential and
Agricultural District, the total building
Agricultural District. no building shah
be erected or altered on a io~ having
an area of less than twelve thousand
five hunch-e~i (_12,500) square feet and
a fronlage of less lhan one hundre~
(100) feet.
In Lhe "A" Residential and Agricul-
tural Dislrict, ~be required front y~rd
SECTION 30~-Where p~operty in
the ricinily is partly built up wi~h
thirty-five (35) feet has been estab-
with the average setback lines on both
Board of Appe~l~ as hereinafter
In the "A' Residential and Agricul-
tural District, there shall be two (2)
feet and no one (1) side yard shall be
Ordinance, of a width ]ess lhan one
than twelve thousand five hundred
(12,500l feet. a single family dwelling
may be built thereon with side yards
special exception by the Board
yard having a minimum depth of
PROVIDED that, In case of a lot
held in single and separate ownership
at the al~ecilve date of this Ordinance,
having a total depth of less tha~ one
hundred (100) fee~, a single family
dwelling may be built thereon with a
rear yard of less than twenty-five (25)
feet, when auihor/zed as ~ zpecial ex-
ception by the Board of Appeals ns
hereinafter provided and PP~OVIDED
further that in no case shah the rear
yard be less than fifteen (15) feet.
SECTION 309 -- "A" ACCESSORY
BUILDINGS--In the "A" Residential
and Agricultural District, accessory
buildings may occupy forty (40) per-
cent ot the requh-ed rear yard up to
an average height of eighteen (181 feet.
The yard a~'ea allowed by such
cessory buildings shall be included in
further that no building of a~y kind
(3~ feet of any lot line.
lial and Agricultural Dislricts, no
building shall be bereaRer erected or
each fmmily unit /herein shall be pro-
vided for. l=or all places of public as-
such buildings or for each part of the
vehicle unit.
be ~wenly-iive.(25) teet and no one
(1) side yard shall be less lh~n ten
other purposes Is permitted, provided
immediate permises. If a building Is
SECTION 401--A!o building may be
ce~ fifty (50) feet.
no building sh~l be erected or altered
ing ~o exceed seventy (70) percen~ of
twenty-five (25) feet.
shall pro3ec~ beyond the line of
dwelling, there s~ be a rear yard
(15) feel PROVIDED further tha~,
the case ~uch balld~g Is over forty (40)
feet high. the dep~ of the rear yard
which the building exceeds forty (4~)
Dls~rlc~, no building shall hereafter be
families on a fractional part of any
(12) fee~ s~ (6) inches in width, the
lo,,er edge of which shall be not less
than three (3) feet above the ground
nes~ Dislriet. no building or premises
shall be used and no building shall be
hereafter erected or altered unless
otherwise provided in this Ordinance
following uses:
1. Ali permilted u~es lr~ the "A" Resi-
dential and Agricultural, "E~" Mnltlple
Residence, "M-I" Multiple Residence
2. The following uses when author-
vided:
ARTICLE
"C" Industrial District
SECTION 500~In the "C" Indus~rial
Districts, all buildings and premises
the following uses may be permitted
only as a special exception by the
1--Abat toir$.
4~An-n'nonla. bleaching powder or
a dwelling, there shah be a rear yawl
having a minimum depth of fifty (50)
SECTION 502~SIGNS~The provi-
Ordinance shall apply to signs hi a
SECTION 503--"C" FRONT YARD--
In the "C" Industrial Dish'ici, the
required frvnt yard ~hall be at least
shah be a setback along the entire
or private right-of-way of ~ least
trict, no building shall be erected or
than twelve thousand five hundred
less th~n one hundred (100) feet.
SECTION 505 -- OPF- STREET
dustrlal District, no building shall be
ABTICLE ¥1
Tourist Camps, Camp Cottages
and Trailers
Bcate of Occupanc3' shall have been
issued by the Building Inspector. Such
Certificate sh~ll indicate [ha[ such
building or premises or par[ [hereof
and the proposed use [here~f are in
conformity with the provisions of [his
ordinance. (b) Under such rules and
regulations as may be established by
the Board of Appeals, a temporary'
cupant, the Building Inspector shall
be established by lhe Town Board.
or Appeal to the Beard of Appeals ~s
hereinafter provided, [here shal[ be a
fee ef five dollars ($5.00) ~ccompan¥-
fha renewal fee to be one half (%~
the Zoning Map as provided by Section
ARTICLE VIII
Board of Appeals
SEC~'ION 800 -- The Town Board
shall appoint a Board of Appeals con-
(4) The availiability of adequate a.n(/
proper public or private facililies for
the treatment, removal or discharge
of sewage, refuse, or o£her effluent
[whether liquid, solid, gaseou~ or other-
merit by the public of p~rking or of
use shall be had;
persons upon such plo~;
(10) Whether the use, or lh¢ struc-
(11) l~hether the plot area Is suf-
other place of public assembly.
(c) The Board of Appeals shall, tn
spirit and objectives of this Ordinance.
J~stice will be substantially served, and
prov/ded that the legally estsblished or
permitted use of neighborhood property
and adjacent use districts will not be
divides a lot which is proved to the
satisfaction of the Board of Appeals to
erskip at the effective date of lhis Or-
use may be adjusted to exlend to the
whole or ~ny ps. ri of such lot but not
more than fifty (50) Iee~ beyond the
boundary line of the use distri¢l in
(b) II the less restricted use shall
fLx a time and place for a public hear-
ARTICLE IX
Ordinance including the Zoning M~p,
report de[inin~ the conditions described
full opportunity to be heard shall be
interesk
(a) The lawful use of a buildin~ 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 building
law.fully acquired prior to said dine.
(b) A non-conforming use of a build-
ing or premises may be changed to a
use of the same or higher classification
according to the provisions of this
Ordinance.
(c) Whenever a district shall here-
after 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 of a
similar or higher classification, pro-
vided all other regulations governing
the new use are complied with.
(d) Whenever a non-conforming use
of a building or premises has been dis-
continued 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 the con-
trary notwithstanding, the non-con-
forming use of such building or prem-
ises shall no longer be permitted unless
a variance therefor shall have been
Health 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
and regulations, the provisions of this
Ordinance shall control.
SECTION 1011 -- REMEDIES -- In
case 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
any regulations made pursuant thereto,
in addition to other remedies provided
by law, any appropriate action or pro-
ceeding whether by legal proc_ess or
otherwise, may be instituted, or taken
to prevent such unlawful erection, eon-
struetion, reconstruction, alteration,
to restrain, correct or abate such viola-
rich, to prevent the occupancy of said
building, structure or land or to pre-
vent any illegal act, conduct, business
or use in or about such premises.
granted by the Board of Appeals ~'%'
hereinbefore provided.
(e) A non-conforming building may
not be reconstructed or structurally
altered during its lffe to an extent ex-
ceeding in aggregate cost fifty (50)
percent of the fair value of the build-
ing, 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 shall not
be repaired or rebuilt unless the use
of such building is changed to a con-
forming use.
SECTION 1008 -- 'FIDAL LANDS --
When the tidal lands are not shown as
zoned on the Zoning Map, they shall
be considered to lie within the "A'
Residential and Agricultural District
bat no structure erected therein shall
be erected upon such lands owned by
the Town of Southold except upon the
approval of the Board of To~'n
Trustees.
SECTION 1009--VALIDITY~--Should
any section or provision of this Or-
dinance be declared by a court of com-
petent Jurisdiction to be invalid, such
decisions shall not effect the validity
of the Ordinance as a whole or any
other part thereof.
SECTION 1010--INTERPRETATION,
PURPOSE AND CONFLICT -- In
interpreting and applying the pro-
visions of this Ordinance, they shall
be held to be the minimum require-
ments for the promotion of the health,
safety, morals or the general welfare
of the Town. It is not intended by this
Ordinance to interfere with or abrogato
or annul any Town Building Code, or
any rules and regulations adopted or
issued thereunder, or the ruIes and
regulations of the Department of
SECTION 1012--PENALTIES -- For
any and every violation of the provi-
sions of this ordinance, the owner, the
general agent, or contractor of a build-
ing or premises, where such violations
have been committed or shall exist, and
the general agent, architect, builder,
contractor or any other person who
knowingly cmnmits, takes part or as-
sists in any such violation or who
maintains any buildings or premises
in which any such violations shall exist,
shall be guilty of an offense. Each
week's continued violation shall con-
stitute a separate additional violation.
Such fines or penalties shall be collect-
ed as like fines are now collected by
law.
SECTION 1013 -- EXCEPTIONS AS
TO CERTAIN SUBDIVISION LOTS-
(a) All of the lots on a certain map
entitled Map of Marion Manor, situ-
ated at East Marion, Toxm~ of South-
old, Suffolk County, New York, filed
in Suffolk County Clerk's Office on
lqlarch 18, I953, as Map No. 2038, shall
be excepted from the provisions of
Section 303 herein; AS to Lots num-
bered one (1) through five (5) on said
map, the sideyard requirements shall
be reduced to ten (10) feet on each
side; and as to lots numbered thirty-
three (ag) through forty-seven (47)
on said map, the setback lines and
rear yard requirements sba/1 each be
reduced to twenty (20) feet.
(b) All of the Lots on the following
described maps shall be excepted from
the provisions of Section 303 herein:
(I) Sub-divisinn Map of Section 2,
Oardiner's Bay Estates, East Marion,
New York, Map by O. W. Van Tuyl,
dated July 21, 1957;
(2) Map of Eeixedon Estates, Flied
March 16, 1947 as Map No. 1472.
t3) Sub-division Map of Eounder~
Estates, dated March 18, 1927, and
amendments thereto;
(4) Map of Sub-division known
Kennewood, dated January 9, 1954, filed
as Map NO. 2180;
(5) Map of Southwood, Map file NO.
(6) Plan of Lots owned by George
H. Wells, Southold, N. Y., Map file No.
859;
(7) Bayside Terrace, Bay View,
(8) West Creek Development, Soutix-
old, N. Y. Map of April 29, 1937, Erie
NO. 1236;
(9) Sub-division Map of Cedar Beach
Park situate ~t Bay View, S~uthold,
N. ¥. dated September 26, 1929, File
No. 90;
(I0) Map of Ooose Neck, Southold,
N. ¥. Map dated 1948, File No. 1663;
(11) Peconic Shores, Iveconic, N. Y.
IV~ap of Jesse Wells, dated December
27, 1922, No. I and No. 2;
(12) Nassau Farms, Peconic, N. Y.
Map by O. W. Van Tuyl, NO. I179;
(13) Alonzo Jersey, Peconic, N. Y.
Map of O. W. Van Tuyl, April 21, 1930,
File NO. 763;
(14) Nassau Point Club Properties,
Section D, Map by O. W. Van Tuyl.
March 24, 1926; and Amended Map~
Section A No. 156;
(15) Captain Kidd Estates, Mattituck,
N. ¥., Map by O. W. Van Tuyl, Jan-
uary 21, 1947, No. 1672;
(16) Amended Map of Mattituck
Heights, Mattituck, N. ¥.
(17) Point Pleasant--Maftituck, N. ¥.
Survey by FranPAin Iv. Overton, April
(18) Salt Lake Village, Mattituck,
N. ¥., Map by O. W. Van Tuyl, July
10, 1939;
(I9) Shore Acres, Mattituck, N. Y.
File No. 41.
At a meeting of the Town Board of the Town of Southold held at the
Supervisor's Office, Greenport, New York, on the day of
1964.
WHEREAS, this Board desires to amend the provisions of the
Building Zone Ordinance of the Town of Southold as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk of
the Town of Southold be and he hereby is authorized and directed to transmit
to the Planning Board of the Town of Southold a certified copy of this
resolution together with a request in writing to said Planning Board
instructing said Planning Board to prepare an official report with their
recommendations on said proposed amendments pursuant to the provisions
of Article IX, Section 900 of the Building Zone Ordinance of the Town of
;outhold, said proposed amendments being as follows, to wit:
I. By amending Article III, Section 300 of said Ordinance by adding
a new subdivision, to be Subdivision 4A, to read as follows:
4A. Stables and riding academies, when authorized
as a special exception by the Board of Appeals as
hereinafter provided.
II. By amending Article III, Section 300, Subdivision 6 of said
Ordinance to read as follows:
6. Public utility buildings, structures, or
facilities, when authorized as a special exception
by the Board of Appeals, as hereinafter provided.
III. By amending Article IV, Section 400, Subdivision 5 of said
Ordinance to read as follows:
5. Offices, banks and financial institutions.
IV. By amending Article X of said Ordinance by adding thereto a new
section to be Section 1000B, to read as follows:
SECTION 1000B - In any District, no dwelling
shall be hereafter erected or altered unless
provision shall be made therein for not less than
eight hundred and fifty (850) square feet of space
within the exterior of the foundatinn walls at
ground level exclusive of a garage, car park,
car port, open porch or terraces, or other
extensions outside the body of the house.
-2-
BUILDING ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK COUNTY
NEW YORK
APRIL 28, '1958
PRICE 25c
AMENDMENTS TO BUILDING ZONE
OBDINAN~CE SI ~N. CE APRIL 28, 1958
(Amendment to Article X, section 1912,
adopted August 12, 1958 and became
effective August 31st, 1959)
ARTICLE X, SECTiON 1012--pENAL-
TIES~¥Or any and every violation of
the provisions of this ordinance, the
owner, the general agent, or contrac-
tor of a bulldiD~g or premises, where
such violations have been committed
or shall exist, and the general agent,
architect, builder, contractor or any
other person who knowingly commits,
takes part or assists in any such vio-
lation or who maintains any builctings
or premises in which any such vio-
lation shall exist, shall be guilty of an
offense. Each week's continued viola-
tion shall constitute a separate addi-
tional violation. Such fines or penal-
ties shall be collected as like fhies are
now collected by law.
(Amendment to Article I, section 100,
adopted November 25, 195g and bec~me
effective December 14, 1958)
ARTICLE I, section 100--gA-FAMILY
--One or more persons occupying prem-
ises as a single housekeeping unit.
(Amendment to Article VII, a new
section to be 703B, adopted November
25, 1958 and became effective Decem-
ber 14, 1958)
ARTICLE VII, Section 705B--CERII-
FICATE OP OccUPANCY -- (a) it
shall be unlawful to use or permit the
use of any building or premises or part
thereof, hereafter created, erected,
changed, converted or enlarged wholly
or partly, in it use or strurture until,
a Certificate of Occupancy shall h~ve
been issued by the Building Inspector.
such Certificate shall indicate that
such building or premises or part
thereof and the proposed use thereof
are in conformity with the provisions
of this ordinance. (b) Under such ruies
and regulations as may be esta01ished
by the Board of Appeals, a tempolary
Certificate of Occupancy for a part of
any building or premises may be issued
by the Building Inspector. (c) Upon
written request from the owner or oc-
cupant, the Building Inspector shall
Lssue a Certificate of Occupancy for
any existing lawful use. and occupancy
of a building or premises.
(Amendment to Article X, a new sec-
tion to be 1000A, adopted Nove~ber
25, 1958 and became effective Decem-
ber 14, 1958)
ARTICLE ~, SECTION 1000A--NO lot
shah be sold, divided, or set off in
such a manner that either the portion
sold, divided, or set off, or tl~e portion
remaining shall have an area and/or
open spaces of less than that prescrib-
ed by this ordinance for the district in
which said lot is located.
A~NDMENT TO BUILDING ZONE
ORDINANCE SINCE
DECEMBER 14, 1958
(Amendment to Article II, Section
200, adopted October 4, 1960 and be-
came effective October 29, 1960.)
ARTICLE II, SECTION 200 -- USE
DISTRICT BEOULATIONS --
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 as
follows:
"A" RESIDENTIAL AND AGRI-
CULTURAL DISTRICTS
"M" MULTIPLE RESIDENCE
DISTRICTS
"B" BUSINESS DISTRICTS
"C' INDUSTRIAL DISTRICTS.
(Amendment to Article III, Section
900, Subdivision 9, adopted October 4.
1900 and became effective October 29,
1960.)
ARTICLE III, SECTION 300, SUB-
DIVISION 9--
The sale at retail of farm,
garden or nursery products produced
or grown on the premises or of
animals raised on the premises. One
(1) advertising sign, either single
or double faced, not larger than four
(4) feet by six (6) feet in size, ad-
vertising the sale of farm, garden
or nursery products produced or
grown on the premises or of animals
raised on the premises.
(Amendment to Article III, Section
300, Subdivision 10, adopted October 4,
1960, and became effective October 29,
1960.)
ARTICLE III, SEOTION 300, SI/B-
DIVISION 10-
One (1) real estate sign,
either single or double faced, not
larger than three (3) feet by four
(4) feet in size on any one (1) or
more lots, advertising the sale or
lease of only the premises on which
it is maintained and set back not
lass than the required front yard
distance and not less than ten (10)
feet from each side line,
(Amendment to Article IliA, Section
350, adding thereto SubdiVision La,
adopted October 4. 1960 and became
effective October 29, 1960.)
ARTICLE IliA, SECTION 350, SU~-
DIVISION 1A--Two (2) Family Dwell-
ings.
(Amendment to Article IliA, Section
590, Subdivision 2, adopted October 4,
1960 and became effective October 29,
1960.)
ARTICLE IIIA, SECTION 560, SU~-
DIVISION (2)--
On premises used for hotel,
motel, boarding and tourist house
purposes, unless otherwise provided
as a special exception by the Board
of Appeals as hereinafter provided,
one (1) I~dvertising sign, either
single or double faced, not exceed-
ing fifty (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 of which
shall not exceed more than thirty-
five (35) feet above the ground.
Such sign shall advertise only the
business conducted on the premises,
and shall be set back not less than
five (5) feet from all street and
property lines.
(Amendment to Article IV, Section
400, Subdivision 7, adopted October 4,
1960, and became effective October 29,
1960.)
ARTICLE IV, SECTION 400, SUB-
DIVISION ~--
Places of amusement when
approved as a special exception by
the Board ef Appeals as hereinafter
provided.
(Amendment to Article IV, Section
400, Subdivision 9, adopted October 4,
1960, and became effective October 29,
1960.)
AJiENII~J~NT TO THE BUILDING
ORDINANCE SINCE FEBRUARY 361.
(A/ltendment to Article III, Sec-
risk 300, Subdivision 7, adopted
March 29, 1962 and became effective
April 19, 1962.)
ARTICLE III, SECTION 300, SUB-
DIVISION 7 --
7 Accessory buildings, includ-
ing one (1) private garage, When
such accessory buildings are located
in the rear yard, or a private
garage within or attached to the
dwelling.
(Amendment to Article IV, Section
408, Subdivision (b), Subsection 2,
ad~pted March 29, 1962 and became
effective April 19, 1962.)
ARTICLE IV, SECTION 408, SUBDIVISION
(b), SUBSECTION 2 --
2 Exceed in width one hundred (100)
percent of the horizontal measurement
of such wall.
(Amendment to Article IV, 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
sign authorized by the preceding sub-
division (b), a roof Sign shall be
permitted provided the same is
attached to or incorporated in ~ roof,
which sign shall advertise only the
business conducted in the building
upon which it is attached, and pro-
vided that such sign does not:
1. Exceed two (2) square feet in
tectal area for each lineal foot of
such roof, and
2. Extend above the highest point
of the roof in the case of a
pitched roof, and in all other cases
exceed two (2) feet six (6) inches
~n height above the highest point
f the roof, and
t. Project beyond the edge of the
roo.f.
(Amendment to Article VII, Section
705, adopted March 29, 1962, and be-
came effective April 19, 1962.)
ARTICLE VII, SECTION 705 --
SECTION 705 - For each applica-
tion or Appeal to the Board of
Appeals as heretnafter provided,
there shall be a fee of five
dollars ($5.00) accompanying the
application or appeal.
ORD~r~Ab~CE $INCII APRI. L 19, 1962.
(A~endment to Artt~le V, SeCticn
500, adopted February 26, 1963 and
becan~ effective April 1, 1963,)
S~CTION 500 - L~ the.'C' Xndustr~al
District, all bu~ld~ngs and premises
may be ~sed for any use exCep'c that
the follow~ng uses m~ybe ~erm~tted
only as a s~eclal exception1 by the
forth:
~%menc%ment to Article V, Sect~m
500, Sub~iv~s~on 1, adopted February
26, 1963 and b~:[.ae effective ~.pril
1, 19G3.)
ARTICLE V, GEC. TiI0~ 500, SUBDIVI~$ION 1.
1. aba=toirs.
(A.a~tm~nt to AXticle V, Section
500, Sulxlivlaion 7, adopted Februa=y
26, 1961, and became effsctlve
April 1, 1963.)
ART/CIE V, SI~CTX~ 500, SUBDIVISION 17.
17. Garbage, offal or d~ad animals,
reduction or dumping.
(Amendment to Axticle V, Sectlo~ 500,
Subdiv~ion 34, adopted February 26,
1963, and became effective A~ril 1,
1963. )
ARTICLI~ V, SECTION 500, SUBDIVISION 34.
34. Stockyards or slaughter houses.
· i;uI~DING ZONE ORDINANCE thc word "strnctar¢", the ~'ord "lot"
TOWN OF SOUTHOLD '*shall" m mandatory and not directory.
SUFFOLK COUNTY, NEW YORK
(As Amended to April 8, 1958)
Agricultural District 300
includes the plural and the plural the
singular, the world "building" includes
building, suDord~nate to the main build-
mg on a lot and use~ for purposes
main building.
a roof supported by walls and when
openings, it shall be deemed a separate
5---BUILDING A/{EA -- The' aggre-
chimneys projecting not more than
eighteen (18) inches, steps, one (1)
story open porches, bay windows, not
extending through more than one (1)
story and not projecting more than
five (5) feet, balconies and ~erraces.
level to the hishest point of the roof
height level between eaves and ridges
for a gable, h£p or gambrel roof PRO-
VIDED that chimneys, spires, towers,
projections shall not be included in
the height. For building set back from
ists, the height may be measured from
surrounding the bdildlng.
detached building designed for or oc-
cupied exclusively by one (1) family.
1
~,aally occupied singly and no pro-
runs parallel to the street line at a
distance as so indicated. When the
location of a district boundary line
is not otherwise determ/ned, it shall
be determined by the scale of the map
measured from a given line. Where the
street layout, actually on the ground,
varies from the street layout as shown
on the zoning maps, the designation
practitioner.
9--The sale at retail of farm gar-
den or nursery prodMcts produced
on the premises or of anhnals raised
on the premises. One (1) advertis-
ing sign, either single or double
faced, not exceeding twenty-four
(24) square feet per face area,
vertising the sale of farm garden
or nursery products produced on
the premises or of animals raise~
on the premises.
lO--One (1) real estate sign, either
single or double faced, not larger
than twelve (i2) square feet in area
on any one (1) or more lots, afl-
vertising the sale or lease of only
the premises on which it is main-
tained and set back not less than
the required front yard distance
and not less than ten (10) feet from
each side line.
V~hen the advertising sign is for
the purpose of the sale or lease of
subdivision, one (I) real estate sign.
either single or double faced, not
exceeding twenty-four (24) square
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-
less than the front yard restric-
tions required and not Iess than
ten (10) feet from each side line.
The lower edge of the sign shall
be not less than three (2) feet above
the ground and the upper edge of
the sign shall not extend more than
fifteen (15) feet six (6) inches above
the ground. If the premises has a
frontage of less than five hundre(f
(500) feet, the sign shall have an
area of not more than twelve (12)
square feet and the same restrictions
shall apply.
ll--Signs as provided in Section 408
of this Ordinance when authorized
as a special exception by the Board
the "A" 1~esidentisl and Agricultural
District, no building, hereafter erected
or altered, shall exceed thirty-five
(35) feet or three (3) stories.
~xcept public or semi-publis build-
exceeding flfty (50) feet when set back
an additional six (6) inches on all
sides for each foot such buildings ex-
of its area prior to the adoption of
one (1) parking space for each fannly
unit therein shall be provided for. For
be provided not les~ than one ill park-
for providing an adequate parF2ng
tot vehicle unit.
or altered unless otherwise provided
in this Ordinance except for one (i)
1. A use permitted m an "A"
Residential and Agricultural DIS-
2. Multiple dwellings designed for
and occupied by not more than
four (4) families.
3. Hotels, motels, and boarding
and tourist houses.
4. Tourist cottages. (More than
one (I) Tourist Cottage may be per-
mitted on a lot when authorized
as a special exception by the Board
of Appeals as hereinafter provided).
5. Accessory uses on the same
lot with and customarily incidental
to any of the above permitted uses,
SECTION 351--HEIGHT-- In the
"M" Multiple Residence District, no
building hereinafter erected or al-
tered shall exceed thirty-five (35)
feet or three (3) stories in height.
SECTION 352--BUILDING AI~EA--
In tile "M" Mnitiple Residence Dis-
trict, the total building area shall
not exceed fifty (50) percent of the
SECTION 353--SIZE OF LOT AREA
--In the "M" M~ltiple Residence
District, no bnilding shall be erected
or altered on a lot having an area
of less than twelve thousand five
hundred (12,500) square feet and a
frontage of less than one hundred
(I00) feet.
in the "M" Multiple Residence
District, the required front yard
shall be not less than thirty (30)
feet.
SECTION 355--Where the property
in the vicinity is partly built up
with permanent buildings and an
average setback line has been estab-
lished, no building hereinafter erect-
ed or altered shall project beyond
the line of the average setback so
established.
SECTION 356--In the ease of a
corner lot of record at the time of
the adoption of this Ordinance, a
front yard shall be required. Where
S
established on each street, the yard
depth shall be established on a line
with said average setback lines
projected to a point of intersection.
If no average setback lines have
been established, the required lront
yard shall not be less than thirty-
five (35) feet from each street line
unless decreased as a special ex-
ception by the Board of Appeals as
hereinafter provided.
SECTION 357--SIDE YARDS -- In
the "M" Multiple Residence Dis-
trict, there shall be two (2) side
yards, one (1) on each side of the
buildings, the total aggregate of
both side yards shall oe twenty-
five (25) feet and no one (1) side
yard shall be less than ten (I0)
SECTION 358--I~EA~t yARD--In
the "M" Multiple Residence District
there shall be a rear yard having
a minimum depth of twenty-five
(25) feet.
SECTION 359 -- OFF-STREI~!~
Multiple Residence District, no
building shall be hereafter erected
or altered or added to in excess of
fifty (50) percent of its area prior
to the adoption of this Ordinance,
unless a minimum provision Ior off-
street parking shall be made as icl-
(a) Dwellings--One (1) parking
space for each family unit.
(bi Hotels, boarding and tourist
houses--One il) parking space for
each two (2) guest rooms.
(c) Motels and Tourist Cottages--
One (1) parking space for each
guest room or dwelling unit.
SECTION 360~IGNS--In the "M"
Multiple Residence District the fol-
lowing signs are permitted.
(1) Signs permitted in an "A"
Residential and Agricultural Dis-
trict.
(2) On premises used for hotel,
motel, boarding and tourist house
purposes, unless otherwise provided
as a special exception by the Board
of Appcais as hereinafter provided,
one (1) advertising sign either
single or double faced not exceeding
fifty (50) square feet in area adver-
tising only the business conducted
on the premises and set back not
less than five (5) feet from all
street and property Iines.
ARTICLE IV
"B" Business District"
SECTION 400--In the "B" Business
District, no building or premises shall
be used, and no building shall be here-
after erected or altered unless other-
wise provided in this Ordinance, ex-
cept for one (1) or more of the fol-
lowing uses:
1--One (I) family or two (2) family
dwellings; mnltiple family dwellings.
Notwithstanding any other provi-
sions of this Article, such dwelling
when erected or altered in a "B"
Business District shall comply ~ith
the provisions of S~ction 301 to
inclusive of this Ordinance.
SECTION 402~--"B" HEIGHT--In the
hereafter erected or altered shall ex-
ceed fifty (50) feet.
SECTION 403--"B" BUILDING
no building shall be erected or altered
or used in whole or in part as a dwell-
ing to exceed seventy (70) percent of
the lot area.
SECTION 404~"B" FRONT YARD~
In the "B" Business District, the re-
quired front yard shall be at least
twenty-five (25) feet.
SECTION 405--Where property in
the vicinity is partly built up with
permanent buildings and an average
setback line has been established, no
buildings hereafter erected or altered
shall project beyond the line of the
average setback so established.
In the "B" Business District, if a build-
ing is used in whole or in part as a
dwelling, there shall be a rear yard
having a minimum depth of fifteen
(15) feet. PROVIDED further that. in
the ease such building is over forty (40)
Ieet high, the depth of the rear yard
shall be increased five (5) Ieet for
each ten (I0) feet or fraction thereof
which the building exceeds forty (40)
feet in height.
SECTION 407--"B" DENSITY OF
POPULATION--In the "B" Business
Distriot, no building shall hereafter be
erected or altered to accommodate or
make provisions for more than twenty
(20) fanfilies on one (1) acre of ground
or more than a proportional number of
families on a fractional part of any
acre of land, based on the require-
ments as outlined above.
SECTION 408-- SIGNS -- Unless
otherwise authorized as a special
exception by the Board of Appeals
as hereinafter provided, the follow-
ing signs are permitted in a "B"
Business District:
(a) DETACITED OR GROLrRrD
double faced, not mere than six (6)
feet six (6) inches tn height and
twelve (12) feet six (6) inches in
width, the lower edge of which
shall be not less than three (3) 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 ali street and property
lines and shall advertise only the
business conducted on the prem-
(b) ~VALL SIGNS--One (I) sign
4
4. Exceed fifteen (15) feet six
(6) inches from ground level to the
upper edge of sign, and
5. Project more than one (I) foot
from such wail
SECTION 409--"B" SIZE OF LOT
AREA--In the "B" Business Dis-
trict, no building shaI1 be erected
of less than seventy-five hundred
(7,500) square feet and a frontage
of less than fifty (50) feet.
14~Fat rendering.
15--For tilizer mamffacinrc.
17--Garbage, offal or dead a~ais,
special exception by the Board of
19A--Automobile wr~king an~ ail
other junk yar~.
2~OHcloth or linole~ manufacture.
21--Oiled, rubber or leather manufac-
22~Ore reduction.
varn~h manufacture.
2~Paper and ~dip manufacture.
25~Petroleum relying.
26~Potash works.
28--Rubber or gutta percha manufac-
29--Salt works.
33--Soap manufacture.
3~tockyards or slaughter houses
(except as a special exception ~y the
Board of AppeaM ~ hereinafter pro-
vided).
35~Stone mill or quarry.
36--Structurdi steel or pipe works.
37~diphuric, in,tic or hy~ochloris
38--Sugar refining.
3~Tar distillation or manufacture.
4~Tar roofing or waterproofing
42--Tanning, curing or storage of raw-
hides or skis.
4~Vinegar manufacture.
building ~ used in whole or in ~art as
a dwelling, ~here shall be a rear yard
feet.
this Ordinance shall apply to signs
quired front yard shall be at least
where property is bounded on any side
by a rai~oad right-of-way or on a rear
line by a railroad right-of~way, there
or private right-of-way of at
th~ty (30) feet.
~E~In the "C" Industrial Dis-
trict, no building shall be erected or
altered on a lot having an area of
hun~ (19,5~) square feet and
frontage of less than one hundred
(100) feet.
SECTION 505 -- Oi~-STREET
PARKING AREA--In the "C' Indus-
trial District, no building shall be
hereafter erected or altered or added
to in excess of fifty (50) percent of its
area prior ,to the adoption of this Ord-
inance, unless a minimum provision for
off-street parking shall be made as
follows:
(a) Ali buildings where tile ground
floor area is two thousand five hundi'ed
(2,500) square feet -- One (1) parking
space for each two hundre~ (200)
square feet of building area or fraction
thereof in excess of two thousand five
hundred (2,500) square feet.
(b) All places of public assembly --
One (I) parking space for each seven
(7) permanent seats or an area equiva-
lent to seven (7) permanent Beats.
(c) All structures where office~ are
provided over the first floor -- An ad-
ditional parking space shall be pro-
vided for each office.
The formula for providing an ade-
quate parking area is an area of three
hundred thirty-four (33'D square feet
per required motor vehicle unit.
Tourist Camps, Camp Cottages
and Trailers
established, maintained or operated in
any district, nor shall any tent, tent-
house, camp-cottage, house-ear, or
trailer, to be used or occupied as a
place for living, sleeping or eating,
whether charge is or is not made, be
erected or placed therein, unless au-
thorized by the Town Board pursuant
to the provisions of the Trailer Camp
Ordinance dated June 30, 1953.
SECTION 601 -- AUTOMOBILE
witbstanding any other provisions
of this Ordinance, a single auto-
mobile trailer or house car may be
located outside a tourist camp only
when authorized by the Town
Board, and subject to such conditions
as may be prescribed by the Town
Board.
be deemed to apply 4o the temporary
or seasonal camp of any unit of the
Boy Scouts of America or the Girl
Scouts of America or other such or-
ganizations under the leadership pro-
vided by said organizations respective-
ARTICLE VII
Applications and Permits
SECTIOi~I 70~---It shall be the duty
of the Building Inspector, or such per-
son as designated by the Town Board,
and he is hereby given the power and
authority to enforce the provisions of
this Ordinance.
SECTION 701--The Building Inspec-
tor shall require that the application
for a building permit and the accom-
panying plot Dian shall contain all the
Information necessary to enable him
to ascertain whether the proposed
building complies with the provisions
of this Ordinance.
SECTION 702--No building permit
shall be issued until ihe Building In-
spector has certified that the proposed
building or addition complies with all
the provisions of this Ordinance.
SECTION 703--A permit will be re-
quired prior to ¢he commencing of work
for the erection or additions to all resi-
dence, business and industrial build-
ings. Accessory buildings including all
types of farm buildings except rdigrant
camps do not require a permit provided
that all use, height and yard require-
ments have been complied with.
SECTION 703A~A permit will be
reqdired prior to the erection of or
addition to all signs except signs
permitted by Article III, Section
300, paragraphs 8, 9 and 10 of this
Ordinance. Metal identification tags,
serially numbered shall be affixed by
the Building Inspector to all signs
for which a permit is required.
SECTION ?04--A/I permit fees and
fees for certificates of occupancy shall
be established by the Town Board.
SECTION 705--For each application
or Appeal to the Eoard of Appeals as
hereinafter provided, there shalI be a
fee of fifteen dollars ($15.g0) accom-
pan~qng the Application or Appeal.
SECTION 706--All permits shall ex-
Dire in one (1) year of issuance thereof,
the renewal fee to he one half (~)
the original fee.
SECTION 707--For each proposed
change of the Ordinance or change of
the Zoning Afar as provided by Seciion
902 of Article IX of this Ordinance,
there shall be a fee of twenty-five dol-
lars ($25.00) accompanying the petition.
ARTICLE ~
Board of Appeals
SECTION 800 -- The Town Board
shall appoint a Board of Appeals con-
sisting of five (5) members as provided
by the Town Law.
SECTION 801-A--The Board of Ap-
peals may, in a specific ease after pub-
lic notice and hearing, and subject ~o
appropriate conditions and safeguards,
determine and vary the application of
the regulations herein established in
harmony with their general purpose
and in~ent as follows:
B. VARIANCE POV~. (MAT-
TERS OE APPEAL TO TITE BOARD
OF APPEALS).
Where there are practical difficul-
ties or unnecessary hardships in the
way of carrying out the strict letter of
these regulations, the Board of Appeals
shall have the power to vary or modify
the application of such re=~ulations so
that the spirit of the Ordinance shall
be observed, public safety and welfare
secured and substantial 3~stice done.
C. SPECIAL PO%V~ERS ANY) I%ULES.
(iVIATTER~ OF ORIGINAL JLrRIS-
DICTION AND E¥ APPLICATION TO
THE BOARD OF APPEALS).
(1) Whenever a use, or the location
thereof, is permitted only if the Board
of Appeals shall approve thereof, the
Board of Appeals may, in a specific
case and after notice and pubHc hear-
ing, 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:
(a) Before such approval shall be'
given, the Board of AppeaLs shall de-
termine:-
(1) That the use will not prevent
the orderly and reasonable use of ad-
jacent properties or of properties in
adjacent use districts;
(2) That the use will not prevent
the orderly and reasonable use of per-
mitred or legally established uses in
the district wherein the proposed use is
to be located or of permitted or legally
established uses in adjacent use dis-
tricts;
(3) That the safety, the health, the
adversely affected by the proposed, use
and its location; and
(4) That the use will be in har-
mony ~vith and promote the general
purposes and intent of this Ordinance,
(b) In making such determination,
the Board of Appeals shall also give
consideration, among other things,
(1) The character of the existing
and probable development ol uses in
the district and ,the peculiar suitability
of such district for the location of any
most appropriate uses of land;
(3) The effect that the location of
the proposed use may have upon the
traffic congestion on public streets or
highways;
(4) The availability of adequate and
proper public or private facilities for
the treatment, removal or discharge
of sewage, refuse, or other effluent
(whether liquid, solid, gaseous 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-
(6) Whether the use Will cause dis-
turbing emissions of electrical dis-
charges, dust, light, vibration or noise;
(7) Whether the operations tn pur-
interference with the orderly enjoyment
by the public of parking or of recrea-
tional facilities, if existing, or if pro-
posed by the Town or by other com-
petent Governmental agency;
(8) To the necessity for bitttminous
street parking of vehicles incidental
to the use, and whether such space is
reasonably adequate and appropriate
of the plot sought to be used within
or adjacent to the 9lot wherein the
use shall be had;
(9) Whether a hazard to life, limb
or property because of fire, flood,
erosion or panic may be created by
reason or as a result of the use, or
hy the structures to be used therefor,
or by the Inaccessibility of the prop-
venLsnt entry and operation of fire and
other emergency apparatus or by the
undue concentration or assemblage of
persons upon such plot;
(10) Whether the use, or the struc-
tures to be used therefor, will cause
an overcrowding of land or undue con-
centration of population;
(11) Whether the pict area is suf-
ficient, appropriate and adequate for
the use and the reasonably anticipated
operation and expansion thereof; and
(12) Whether the use to be operated
is unreasonably near to a church,
school, theatre, recreational area or
other place of public assembly.
(c) The Board of AppeaLs shalI, in
authorizing such permissive uses, im-
pose such conditions and safeguards as
it may deem appropriate, necessary or
desirabIe to preserve and protect the
spirit and objectives of this Ordinance.
(II) When, in its judgment, the pub-
lic convenience and welfare and Justice
will be substantially served, and pro-
vided that the legally established or
permitted use of neighborhood proper-
ty and adjacent use districts wilI 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-
ing of a permit.
(a) Where a district boundary line
(~ivides a lot which is proved to the
satisfaction of the Board of Appeals to
have been in single and separate owner-
ship at the effective date of this Ordin-
ance, and the total area of which lot
has not been diminished or increased
since such date, the less restricted use
may be adjusted to extend to the
whole or any part of such lot but not
more than fifty (50) feet beyond the
boundary line of the use district in
which said lot is located,
(b) If the less restricted use shall
be extended ten (10) feet or more
within a residential use district,
side yard of not less than ten (10)
feet shall be provided for and main-
tained within the lot area as so ex-
tende~. Also in such event, if the less
ten (10) feet, the said minimum rear
and side yards shall be increased by
one (1) foot for each additional ten
(f0) feet of such extension.
SECTION 802~The Board of
peals shall make rules as to the man-
ner of filing appeals or applications
SECTION 803--Upon the filing with
the Board of Appeals of an appeal or
of an application for special exception
or variance, the Board of Appeals shall
fix a time and place for a public hear-
ing thereon and shall give notice there-
of as follows:
(a) By publishing a notice thereof
in accordance with the Town Law.
ARTICLE IX
SECTION 900--The Town Board
upon its own motion or by petition
may, from time to time, amend, sup-
plement, change, modify or repeal this
Ordinance lncIuding the Zoning Map,
6
by proceeding in the lollowing manner:
SECTION 901--The Town Board by
Resolution adopted at a stated meeting
shall fix the time and place of a public
hearing on the proposed amendment
tieing for a public hearing, shall in a
report defining the condition~ described
in a petition and determine the area
a protest against such change, signed
,by the owners of twenty (20) percent
of that immediately adjacent thereto,
extending one hundred (100) feet
therefrom, or of that directly opposite
thereto, extending one hundred
feet from the sfreet frontage of such
opposite land, such amendment shall
not become effective except by the
favorable vote of at least four (4)
full opportunity to be heard shall be
given to any citizen and all parties in
interest.
ARTICLE X
SECTION lO00--In a Residential and
Agricultural District where a lot abuts
on a parkway, the lot shall be
sidere~ to front and have a front yard
and where the building accords with
may be incorporated in the building or
attached thereto regardless of distance
SECTION 100I -- Notwifhstanding
any other provisions of this Ordin-
ance, all automobile or other junk
date of this Ordinance shall with-
in three (3) years from such date
provide suitable screening in the
ly around the periphery of the area
uscd for such purposes, and the type
of fencing and hedges shall be sub-
ject to the approval of the Board
SECTION 1002 -- Notwithstanding
any other provisions of this Ordin-
effective date of this Ordinance
which does not conform to the pro-
visions of this Oa'dinanee, shall
within five (5) years from such
exception by the Board of Appeals
SECTION 1003--The Planning Board
shall study the application of this Or-
dinance and shaI1, from time to time,
changes in the Ordinance and in the
boundaries of the various districts as
it shall deem advisable to further pro-
mote the health, safety, morals or the
general welfare of the community.
SECTION 1003a -- All labor cart
where pr. ovision is made for the ho.
lng and feeding of transient help
gardless of the number to be accom-
modated, shall first meet all require-
ments of existing law. Farm labor
camps on farms shall not be located
nearer to any other residence than to
the residence of the employer except
as a special exception by the Board
of Appeals. The location of any other
labor camp or camps not on farms shall
be subject to the approval of the Zon-
ing Board of Appeals.
SECTION 100~--In any district, no
Public Garage for more than three (3)
motor vehicles arid no gasoline vending
station shall be erected or altered and
used within two hundred (200) feet of
any premises used for a public school,
public library, church, hospital or or-
phanage.
SECTION 1005--PUBLIC PARKING
PLACES--NO public parking place shall
be conducted in any district except as
a special exception by the Board
Appeals.
SECTION 100d--N0 wall, fence, or
other structure and no hedge, tree,
shrub or other growth shall be erect-
ed, altere~ or maintained on any
corner lot at any point within
twenty (20) feet from the inter-
section of the street lines, which may
cause danger to traffic on a street
by obscuring the view.
SECTION 1007 -- NON-CONFORM-
LNG USES~Unless otherwise au-
thorized as a special exception by
the Board of Appeals as hereinbe-
fore provided, the following pro-
visions shall apply to non-con-
forming uses:
(a) The lawful use of a building
or premises existing on the effec-
tive date of this Ordinance, or au-
thorized by a building permit issued
prior thereto, may be continued
although such use does not con-
form with the provisions of this
Ordinance and such use may be ex-
tended throughout the building law-
fully acquired prior to said date.
(b) A non-conforming use of a
;building or premises may be chang-
ed to a use of the same or higher
classification according to the pro-
visions of this Ordinance.
(c) Whenever a district shall
hereafter he changed, any then ex-
isling non-conforming use of a
building or premises in such chang-
ed district may be continued or
changed to a use of a similar or
higher classification, provided all
other regulations governing the new
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 the contrary notwith-
standing, the non-conforming use of
such building or premises shall no
longer be permitted unless a variance
therefor shall have been granted by
the Board of Appeals as herein-
before provided,
(e) A non-conforming building
may not be reconstructed or struc-
turally altered during its life to an
extent-exceedi~.g in aggregate cost
fifty [SD) pt'r'cent of the fair value
of the budding, unless t~e use of
such ,building is changed to a con-
(i) A non-conforming building
When the tidal lands are nob shown as
be er~ted upon such lands owned ~y
the Town ol Southold except upon the
~nance be declared by a co~t of com-
petent jurisdiction to be mv~lid, ~uch
preting and applying the prowsions of
this Ordnance, they ahdil be held to
promotio~ of the health, ~aIety, morals
or the general welfare of the Town. It
is not intended by this Ordinance to in-
Town Building Code, or any r~es and
regulatio~ adopted or Bsued there-
~der, or the r~e~ and regulations of
anco; ~RO~ED, however, that
where this Or.nonce ~poses a greater
restriction upon the use of b~l~ngs or
premises or upon the height of the
building, or requires larger open spaces
Ordinance, rules and regulation, the
provisio~ of this Or.nonce shall con-
trol.
any bulling or struct~e is erected,
co.truerS, reconst~cted, altered, re-
paired, converted or maintained, or
any building, structure or land ls ~ed
in violation of this Or.anco, or of
any regulations made p~suant thereto,
~ addition to other remedies provld~
by law, any appropriate ~tion or pro-
ceeding whether by legal process or
struction, reconst~ction, alteration, re-
tion, to prevent the occupancy of said
buildl~, structure or land or to pre-
any and eve~ ~olation of the pro-
generdi agent, or contractor of a b~Id-
have been committed or shah e~t,
and the general agent, arc~tect, b~d-
er, contr~tor or any other person who
s~ts ~ any ~ch ~olation or w~
alntains any building or premises in
Such fines or penalties ~hall be col-
by law.
herod one (1) through five (5) on said
be reduced to tm (10) feet on each
side; and as to lots numbered thirW-
three (33) through lorry-seven (47)
on said map, the setback lines and
reduced to twenty (20) feet.
(b) /kll of the Lots on the following
the provisions of Section 303 herein:
(1) Sub-division Map of Section 2,
New York, Map by O. W. Van Tuyl,
dated July 21, 1957;
(3) Map of Beixedon Estates, Filed
March 16, 1947 as Map No. 1472.
(3) Sub-division Map of Pounders
F~tatos, dated March 18, 1927, and
(4) Map of Sub-division known as
Kennewood, dated January 9, 1954, filed
as Map No. 2180;
(5) Map of Soufhwood, Map file No.
(6) Plan of Lots owned by George
859;
(7) Bayside Terrace, Bay View,
Southold, N. Y. Pile No. 2034;
(8) West Creek Development, South-
old, N. Y. Map of April 20, 1937, File
No. 1236;
(9) Sub-division Map of Cedar Beach
Park situate at Bay View, Southold,
No. 90;
(10) Map of Goose Neck, Southold,
N. Y. Map dated 1948, file No. 1663;
(11) Peconic Shores, Peconic, N. Y.,
Map of Je. sse Wells, dated December
27, 1922, No. i and No. 2;
(12) Nassau Farms, Peconic, N. Y.
Map by O. W. Van Tuyl, No. 1179;
(13) Alonzo Jersey, Peconic, N. Y.
Map of O. W. Van Tuyl, April 21, 1930,
Pile No. 763;
(14) Nassau Point Club Properties,
Section D, Map by O. W. Van Tuyl,
March 24, 1926; and Amended Map---
Section A No. 156;
(15) Captain Kidd Estates, Mattituck,
N. Y., Map by O. V/. Van Tuyl, Janu-
ary 21, 1947, No. 1672;
(16) Amended Map of Mattituck
Heights, Mattituck, N. Y.
Survey by Franklin F. Overton, April
of August, 1958, and due deliberation having been had thereon
NOW, THEREFORE, BE IT RESOLVED: That the relief demanded in said petition,
be and it hereby is granted.
Vote of Town Board: Ayes-SNperviaor Klipp; Councilmen Albertson and
Demarest; Justices Tuthill and Clark.
Moved by Councilman Albertson; seconaed by Councilman Demarest:
~ ~ -.X. 'S~ction 1012 of the Buildin~ Z~e Ordinance
RESOLVED: To~am~nd'~rticle~. , .... . -
of the Town of Oouthold to rea~ as
.S~CTION lO12 - PENALTIES - For amy and every violation of the provisions
~of this ordinance, he owner, general agent, or contractor of e building
~or premises, where such violations have been committed or shall exist,
and the general agent, architect, builder, contractor or any other person
who knowingly commits, takes part or as'sists in any such violation or who
,Q~ maintains any building or premises in which any such violation shall exist,
shall be guilty of an off~nse. Each week's continued violation shall con-
stitute a separate additional violation. Such fines or penalties shall be
collected as like fines are now collected by law.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and
Demarest; Justices Tuthill and Clark.
Moved by Councilman Albertson; seconded by Justice Clark:
RESOLVED: That this meeting be recessed at 6:00 P.M. and be reconvened
at the American Legion Hall in Southold at 7:30 P.M.
A Public hearing on the petition of EDNA A. BRCWN for a change of zone
from "A" Residential and Agricultural District to "B" Business District
on certain real property situate at Peconic, and on petition of ANHANASIOS
and HELEN SPINTHO%~RAKIS for a chan~e of zone from "A" Residential and
Agricultural District to "M" Multi~le Resident District on certain real
property situate at East Marion, and the the petition of ANGELL0 and
GEORGETTE PETRUCCI for a change of zone fsom "A" Residential and Agric.
District to "M" Multiple Resident District on certain real property at
Nassau Farms, Peconic~ N.Y. w~s held. This last petition w~s withdrawn.
The Supervisor opened the hearing at 7:30 P.M.. The minutes of this hearing
were recorded by George T. Lederle.
Moved by Justice Tuthill; seconded by Councilman Demarest:
WHEREAS? a petition was heretofore filed with the Town Board of the Town
of Southold by ATHANASIOS and HELEN SPINTHOURAKIS requesting a change,
m~dification and amendment of the Building Zone Ordinance including the
Building Zone Maps made a part thereof by changing from "A" Res. ' Agric.
District to "M" Multiple Res. District the property described in said
petition} and
WHEREAS~ said petition was duly referred to the Planning Board for its
investigation, recommendation and report, and its report having been
filed with the Town Board, and thereafter, a public hearing in relation
to said petition having been duly held by the Town Board on the 12th
day of August, 1958, and due deliberation having been had thereon
NOW, THEREFORE, BE IT ~S0~V~.D: Tha~ the relief demanded in said petition
be, and it hereby is gran~ea.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and
Demarest; Justices Tuthill,?nd Clark.
Moved by Councilman Albertsom; seconded by Justice Tuthlll:
WHEREAS, a petition was heretofore filed with the Town Board of the To~
of Southold by Planning Noard & Board of Appeals, requesting a change,
modification and amendment of the Building Zone Ordinance including the
Building gone maps made a part thereof by amending Article ~, Section lO12
and
~...1~HEREAS, said petition was duly referred to the Planning Board for its
~ investigation, recommendation and report, and its report having been filed
~ with the Town Board, and thereafter,'a public hearing in relation to said
~ petition having been duly held by the Town Board on the 12th day of August,
.~ 1958, and due deliberation having been had thereon
'- NOW, THEREFORE, BE IT RESOLVED: That the relief demanded in said petition.
be, and ~t hereby is granted.
Voke of Town Board: A~es-SNpervisor Klipp; Councilmen Albertson and
Demarest; Justices Tuthill and Clark.
Adjournment was at 8:30 P.M.
Ralph P. Booth
Town Clerk
BUILDING ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK COUNTY
NEW YORK
APRIL 28, 1958
PRICE 25c
AMENDi~iENTS TO BUILDING ZONE
ORDINAN_CE SI/~i. CE APRIL 29, 1958
(Amendment to Article X, section 1012,
adopted AugUst 12, I958 and bec~me
effective AugUst 31st, 1956)
ARTICLE X, SECTION 1012--pENAL-
TIES--For any and every violation of
the provisions of this ordinance, the
owner, the general agent, or contrac-
tor of a building or premises, where
such violations have been committed
or shall exist, and the general agent,
architect, builder, contractor or any
other person who knowingly commits,
takes part or assists in any such vio-
lation or who maintains any buildings
or premises in which any such vio-
lation shall exist, shall be guilty of an
offense. Each week's continued viola-
tion shall constitute a separate addi-
tional violation. Such fines or penal-
ties shall be collected as like fines are
now collected by law.
iAmendment to Article I, section 100,
adopted November 25, 1958 and bec~me
effective December 14, 1958)
ARTICLE I, section 100~--gA-FAS/IILY
--one or more persons occupying prem-
ises as a single housekeeping unit.
(Amendment to Article VII, a new
section to be 705B, adopted November
25, 1955 and became effective Decem-
ber 14, 1955)
Ai%TICLE VII, Section 703]~CERII-
FICATE OF occUPANCY -- ia)
shall be unlawful to use or permit the
use of any building or premises or part
thereof, hereafter created, erected,
changed, converted or enlarged wholly
or partly, in it use or structure until,
a Certificate of Occupancy shall h°~ve
been issued by the Building Inspector.
Such Certificate shall indicate that
such building or premises or part
thereof and the proposed use thereof
are in conformity with the provisions
of this ordinance. (b) Under such rules
and regulations as may be estaolished
by the Board of Appeals, a tempolary
Certificate of Occupancy for a part of
any building or premises may be issued
by the Building Inspector. (c) Upon
written request from the owner or oc-
cupant, the Building Inspector shall
issue a Certificate of Occupancy for
any existing lawful use and occupancy
of a building or premises.
(Amendment to Article X, a new sec-
tion to be 1000A, adopted Nove'nb~r
25, 1958 and became effective Decem-
ber 14, 1958)
ARTICLE X, SECTION 1000A--NO lot
shall be sold, divided, or set off in
such a manner that either the portion
sold, divided, or set off, or the portion
remaining shall have an area and/or
open spaces of less than that prescrib-
ed by this ordinance for the district in
which said lot is located.
AMENDMENT TO BUILDING ZONE
ORDINANCE SINCE
DECEMBER 14, 1958
(Amendment to Article II, Section
200, adopted October 4, 1960 and be-
came effective October 29, 1960.)
ARTICLE II, SECTION 200 -- USE
DISTRICT I%EGULATIONS --
For the purpose of this Ordinance,
the Town of Sonihold, outside of the
incorporated villages, is hereby
vided into four (4) classes of dis-
tricts which shall be designated as
follows:
"A" RESIDENTIAL AND AGRI-
CULTURAL DISTRICTS
"M' MULTIPLE RESIDENCE
DISTRICTS
"B' BUSINESS DISTRICTS
"C" INDUSTRIAL DISTRICTS.
(Amendment to Article III, Section
300, Subdivision 9, adopted October
1960 and became effective October 29,
1960.)
ARTICLE III, SECTION 300, SUB-
DIVISION 9--
The sale at retail of farm,
garden or nursery products produced
or grown on the premises or of
animals raised on the premises. One
(1) advertising sign, either single
or double faced, not larger than four
(4) feet by six (6) feet in size, ad-
vertising the sale of farm, garden
or nursery products produced or
grown on the premises or of animals
raised on the premises.
(Amendment to Article rlI, Section
300, Subdivision 10, adopted October 4,
1960, and became effective October 29,
19603
ARTICLE III, SECTION 900, SUB-
DIVISION 10-
One (1) real estate sign,
either single or double faced, not
larger than three (3) feet by four
(4) feet in size on any one (1) or
more lots, advertising the sale or
lease of only the premises on which
it is maintained and set back not
less than the required front yard
distance and not less than ten (10)
feet from each side line.
(Amendment to Article IliA, Section
356, adding thereto Subdivision IA,
adopted October 4, 1960 and became
effective October 29, 1960.)
A~TICLE IIIA, SECTION 350, SUB-
DIVISION 1A--Two (2) Family Dwell-
ings.
(Amendment to Article ILIA, Section
360, Subdivision 2, adopted October 4,
1960 and became effective October 29,
1960.)
ARTICLE IIIA, sECTION 360, SUB-
DIVISION (2)--
On premises used for hotel,
motel, boarding and tourist house
purposes, unless otherwise provided
as a special exception by the Board
of Appeals as hereinafter provided,
one (1) ndvertlsing sign, either
single or double faced, not exceed-
ing fifty (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 of which
shall not exceed more than thirty-
five (35) feet above the ground.
Such sign shall advertise only the
business conducted on the premises,
and shall be set back not less than
five (5) feet from all street and
property lines.
(Amendment to Article IV, Section
490, Subdivision 7, adopted October 4,
1960, and became effective October 29,
1960.)
ARTICLE IV, SECTION 400, SD'B-
DIVISION ~--
Places of amusement when
approved as a special exception by
the Board of Appeals as hereinafter
provided.
(Amendment to Article IV, Section
400, Subdivision 9, adopted October 4,
1960. and became effective October 29,
1900.)
ARTICLE IV, SECTION 400, SUB-
DIVISION 9--
Public garages motor vehicles
service stations and parking lot
areas for the storage of new or used
motor vehicles for sale or hire, when
approved as a special exception by
the Board of Appeals as hereinafter
provided.
AMENDMENT TO THE BUILDINC
ORDINANC. E SINCE FEBRUARY 361.
(Amendment to Article III, Sec-
tic~ 300, Subdivision 7, adopted
March 29, 1962 and became effective
April 19, 1962.)
ARTICLE III, SECTION 300, SUB-
DIVISION 7 --
7 - Accessory buildings, includ-
ing one (1) private garage, when
such accessory buildings are located
in the rear yard, or a private
garage within or attached to the
dwelling.
(Amendment to Article IV, Section
408, Subdivision (b), Subsection 2,
adopted March 29, 1962 and became
effective April 19, 1962.)
ARTICLE IV, SECTION 408, SUBDIVISION
(b), 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 Aprll 19, 1962.)
ARTICLE IV, SECTION 408, SUBDIVISION
(c) - ROOF SIGNS - In lieu of a wall
sign authorized by the preceding sub-
division (b), a roof sign shall be
permitted provided the same is
attached to or incorporated in ~ roof~
which sign shall advertise only the
business conducted in the building
upon which it is attached, and pro-
vlded that such sign does not:
1. Exceed two (2) square feet in
total area for each lineal foot of
such roof, and
2. Extend above the highest point
of the roof in the case of a
pitched roof, and in all other cases
exceed two (2) feet six (6) inches
in height above the highest point
f -he roof, and
~. pro3ect beyond the edge of the
roo.f.
OBDX~AZ~CE $I/~CS AFRXL 19, 1962.
(Amen~ent to ~tl~le
may ~
only
~d of Ap~als as he&einaf~r
(Amendment to Article V, Sect~
500, SubdlvtSio~ 1, adopte~l February
26, 1963 ~ ~:~me effectt~ April
~TXC~ V, s~TX~ 500,
500, su~tvt~ton 7, a~p~--
26, 1~3, a~d ~c~ effective
~T~ V, s~TX~ 5~, $~D~VXSX~ 17~
17. ~ge, offa~ ~ dead an~l~,
~nt ~ ~ticle V, S~tl~ 500.
s~div~i~ 34, a~ed F~arY 26,
1~3, and ~ effective April 1,
X~. )
ARTX~ V, sECTX~ 500, s~D~SX~ 34
34. St~k~r~ or slaughter houses.
!Amendment to Article VII, Section
705~ adopted March 29, 1962, and be-
came effective April 19, 1962.)
ARTICLE VII, SECTION 705 --
SECTION 705 - For each applica-
tion or Appeal to the Board of
Appeals as hereinafter provided,
there shall be a fee of five
dollars ($5.00) accompanying the
application or appeal.
'BUILE~ING ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
(As Amended to April 8, 1958)
of Southoid, Suffolk County, 2qew
the word "structure", the word "lot"
nlcludes the word "plot" and the WOrd
1
lot as defined herein.
pro~'ecting more than five (5) feet.
runs parallel to the street line at a
distance as so indicated. When the
location of a district boundary line
is not otherwise determined, it shall
be deterrained by the scale of the map
measured from a given line. Where the
street layout, actually on the ground,
varies from the street layout as shown
on the zoning maps, the designation
shown on the mapped streets shall
apply in such a way as to carry out
the real intent and purposes of this
Ordinance for the particular area in
question.
SECTION 204 -- Where a district
boundary line divides a lot in a single
ownership at the time of passage of
this ordinance, the Board of Appeals,
as hereinafter provided, may permit
the less restricted use to extend to the
whole or any part of such lot.
ARTiClE II~
"A" Residential snd Agricultural
District
~ECTION 300--In the "A" Residen-
tial and Agricultural District, no build-
lng or pren~ses shall be used and no
building shall be hereafter erected or
altered unless otherwise provided in
this Ordinance, except for one (1) or
more of the following uses:
1--One (I) family dwellings.
2--Churches, schools, libraries.
3_Non-commercial park~, play-
grounds, athletic fields, bathln~
beaches, bathhouses or boathouses.
3A~Marinas or boat basins for the
thorized as a special exception by
the Board of Appeals as herein-
after provided.
4--Agricultural farms, poultry farms.
cuing (does not include farms for the
raising or breeding of ducks).
5--Clubs, fraternity houses and golf
6~ailway passenger stations.
~--Accessory buildings, including one
(1) private garage, when located not
less than fifty (50) feet from the fron~
lot line or a private garage within or
attached to the dwelling.
~--Uses customarily incidental to
any of the above uses when located
on the same lot and not involVing
the conduct of a separate business.
This shall be understood to in-
clude the professional office or
studio of a doctor, dentist, teacher,
tan, lawyer, magistrate or prac-
titioner of a similar character or
including dressmaking, millinery or
similar handicrafts, pROVIDED
that the office, studio or occupa-
tional rooms are located in a dwell-
ing in which the practitioner resides
and in a building accessory thereto,
and pROXrfDED further, no goods
are publicly displayed on the prem-
ises and no sign or advertisement
is shorn other than a slmu not larg-
er than ~wo (2) scuare feet in total
practitioner.
9 The sale at retail of farm gar-
den or nursery products produced
on the premises or of animals raised
on the premises. One (1) advertis-
ing sign, either single or double
faced, not exceeding twents,-four
(24) square feet per face area, ad-
vertising the sale of farm garden
or nursery products produced on
the premises or of animals raised
on the premises.
l(]~--One (1l real estate sign, either
single or double faced, not larger
than twelve (12) square feet in area
on any one (1) or more lots,
vertising the sale or lease of only
the premises on which it is main-
tained and set back not less than
the required front yard distance
and not less than ten (10) feet from
each side line.
V/hen the advertising sign is for
the purpose of the sale or lease of
acreage, or the sale of lots in a
subdivision, one (1) real estate sign,
either single or double faced, not
exceeding twenty-four (24) square
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-
VIDED said sign is set back not
less than the front yard restric-
tions required and not less than
ten (10) feet from each side line.
The lower edge of the sign shall
be not less than three (gl feet above
the ground and the upper edge of
the sign shall not extend more than
fifteen (15l feet six (6) inches mbove
the ground. If the premises has a
frontage of less than five hundred
(500) feet, the sign shall have an
area of not more than twelve (12)
square feet and the same restrictions
shall apply.
ll--Signs as provided in Section 408
of this Ordinance when authorized
as a special exception by the Board
of Appeals as hereinafter provided.
of its area prior to the adoption of
this Ordinance, unless not less than
one (1) parking space Ior each family
four (4) families.
(I00) feet.
the line of the average setback so
established.
established on each slreet, the yard
depth shall be established on a ]me
with said average setback lines
been established, the requh-ed front
five (35) feet from each street line
ception by the Board of AppeaLs as
hereinafter provided.
SECTION 357--SIDE YARDS -- In
the "M" Multiple Residence Dis-
trict, there shall be two (2) side
yards, one (1) on each side of the
buildings, the total ago°regate of
both side yards shall De twenty-
five (25) feet and no one (1) side
yard shall be less than ten (10)
feet.
2--Ail permitted asea as outlined in
e--liospitais and clinics, other than
SECTION 402--"B" HEIGI-1T--In me
"B" Business District, no building
hereafter erected or altered shall ex-
ceed fifty (50) feet.
Ai~EA--In the "B" Business District,
no building shall be erected or altered
or used in whole or in part as a dwell-
ing to exceed seventy (70) percent of
the lot area.
In the "B" Business District, the re-
quired front yard shall be at least
twenty-five (25) feet.
SECTION 405--V/here property in
4. Exceed fifteen (15) feet six
(6) inches from ground level to the
upper edge of sign, and
5. Project more than one (1) foot
from such wall.
SE~TION 409--"B" SIZE OF LOT
AREA--In the "B" Business Dis-
trict, no building shall be erected
or altered on a lot having an area
of less than seventy-five hundred
(7,500) square feet and a frontage
of less than fifty (50) feet.
District, no building shall be hereafter
erected, or altered or added to in ex-
cess of fifty (50) percent of its area
prior to the adoption of this Ordinance,
unless a minimum provision for off-
street parking shall be made as follows:
(a) Hospitals- One (1) parking
space for every four (4) beds.
(b) Theatres and Restaurants--One
(i) ,parking space for every seven (7)
seats.
(c) Dwellings -- One (1) parking
space for every dwelling unit.
(d) Hotels -- One (1) parking space
fro' every two (2) rooms.
(e) All places of public assembly
such as auditoriums, churches and for
similar uses -- One (1) parking space
for each seven (7) permanent seats or
an area equivalent to seven (7) per-
mancnt seats.
(f) All structures where offices or
living quarters are provided over the
first floor, an additional space shall be
provided for each office or for each
dwelling ullit.
(g) Ali other business buildings
where the ground floor area is in ex-
cess of two thousand five hundred
(2,500) square feet- One (D parking
space for each two hundred (200)
square feet of building area or frae-
tion thereof in excess of two thousand
five hundred (2,500) square feet.
The formula for providing an ade-
quate parking area is an area of three
hundred thirty-four (334) square feet
per required motor vshicle unit.
"C" Industrial District
SECTION 500~-In the "C" industrial
District, all buildings and premises, ex-
cept as otherwise provided in this
Ordinance, may be used for any use
except the following:
1--Abattoirs (except as a special ex-
ception by the Board of Appeals as
hereinafter provided).
2--Acetylene gas manufacture or gas
manufacture from coal, coke, petroleum
or Irom any other product or the stor-
age thereof.
g--Acid manufacture.
chlorine manufacture. 5--ATsenal.
6--Asphalt manufacture.
7--Blast furnace.
~--Cement, linde, gypsum or plaster
9--Coke ovens.
12--Dwellings, ali types.
other j~unk yards.
32--EmeRLqg.
feet.
less than twelve thousand five
hundred (12,500) square feet and a
frontage of less than one hundred
(100) feet.
SECTION 505 -- OFF-STREET
trial District, no building shall be
hereafter erected or altered or added
to in excess of fifty (50) percent of its
area prior to the adoption of this Ord-
off-street parking shah be made as
(a) All buildings where the ground
floor area is two thousand five hundred
(2,500) square feet -- One (1) parking
space for each two hundred (200)
square feet of building area or fraction
hundred (2,500) square feet.
(b) All places of public asseninly --
One (1) parking space for each seven
lent to seven (7) permanent seats.
(c) All structures where office~ are
provided over the first floor -- An ad-
ditional parking space shall be pro-
vided for each office.
The formula for providing an adc-
hundred thirty-four (334) square feet
per required motor vehicle m~t.
ARTICLE VI
Tourist Camps, Camp Cottages
SECTION 600 -- PEPs,MITS RE-
QUIRED -- No tourist camp shall be
established, maintained or operated in
any district, nor shall any tent, tent-
house, camp-cottage, house-car, or
trailer, to be USed or occupied as a
place for living, sleeping or eating,
whether charge is or is not made, be
erected or placed therein, unless au-
thorized by the Town Board pursuant
to the provisions of the TraiIer Camp
Ordinance dated June 30, 1953.
BECTION 601 -- AUTOMOBILE
TRAILER OR HOUSE CAR--Not-
withstanding any other provisions
of this Ordinance, a single auto-
located outside a tourist camp only
Board, and subject to such Conditions
as may be prescribed by the Town
Board.
SECTION 604--Article VI shall not
or seasonal camp of any unit of the
Boy Scouts of America or the Girl
Scouts of America or other such or-
ganizations under the leadership pro-
vided by said organizations respective-
ARTICLE VII
ApPlications and Permits
SECTION 700~--It shall be the duty
of the Building Inspector, or such per-
son as designated by the Town Board,
and he is hereby given the power and
authority to enforce Che provisions of
SECTION 701--The BUilding Inspec-
tor shall require that the application
for a building permit and the avcom-
partying plot plan shall contain ail the
to ascertain whether the proposed
bufl~ing compiles with the provisions
of this Ordinance.
$
SECTION 702--No building permit
shall he isSued until %he Budding In-
spector has certified that the proposed
building or addition complies with all
the provisions of this Ordinance.
SECTION 703--A permit will be re-
quired prior to Che commencing of WOrk
for the erection or additions to ail resi-
dence, bus/ness and industrial build-
ings, Accessory buildings including all
types of farm build/ngs except
camps do not migrant
require a permit provided
that all use, height and yard require.
meats have been complied with.
SECTIOr¢ 703A--A permit will be
required prior to the erection of or
adcfition to all signs except signs
permitted by Article III, ~ection
300, paragraphs 8, 9 and 10 of this
Ordinance. Metal identification tags,
serially numbered shall be affixed by
the Building Inspector to all signs
for which a permit is required.
SECTION ?04~-AII permit fees and
fees for certificates of occupancy shall
be established by the Town BOard.
SECTION 705--For each application
or ~Ppeal to the Board of Appeals as
hereinafter provided, there shall be a
fee of fifteen dollars ($15.00) accom-
panying the Application or Appeal.
SECTION 706--All permits shall ex-
Pire in one (1) year of issuance thereof,
the renewal fee to be one half
the original fee.
SECTION 707--For each proposed
change of the Ordinance or change of
the Zoning AIap as provided by Section
902 of A~tiele IX of this Ordinance,
there shall be a fee of twenty-five dol-
lars /$25.00) accompanying the pet tion.
ARTICLE VIII
Board of Appeals
SECTION 800 -- The Town Board
shall appoint a BOard of Appeals con-
sisting of five (5) members as provided
by the Town Law.
SECTION 801-A--The Board of Ap-
peals may, in a specific case after Pub-
lic notice and hearing, and subject
appropriate conditions and safeguards,
determine and vary the apPlication of
the regulations herein established in
harmony with their general purpose
and intent as follows:
the following:
(a) Before such approval shall be
given, the Board of Appeals shall de-
posed by the Town or by other corn-
use shall be had;
(9) VCnether a hazard to hfe, llmb
other emergency apparatus or by the
undue concentration or assemblage of
persons upon such plot;
Ilo) 'Whether the use, or the struc-
tures to be used therefor, will cause
an overcrowding of land or undue con-
centration of population;
(11) Whether the plot area is suf-
ficient, appropriate and adequate for
the use and the reasonably anticipated
operation and expansion thereof; and
(12) Whether the use to be operated
is unreasonably near to a church,
school, theatre, recreational area or
other place of public assembly.
(c) The Board of Appeals shall, in
authorizing such permissive uses, ia-
it may deem appropriate, necessary or
desirable to preserve and protect the
spirit and objectives of this Ordinance.
(II) When, in its judgment, the pub-
lic convenience and welfare and Justice
will be substantially served, and pro-
vided that the legally established or
permitted use of 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-
ing of a permit.
(al Where a district boundary line
divides a lot which is proved to the
satisfaction of the Board of Appeals to
ship at the effective date of this Ordin-
ance, and the total area of which lot
since such date, the less restricted use
may be adjusted to extend to the
whole or any part of such lot but not
more than fifty (50l feet beyond the
boundary line of the use district in
which said lot is located.
lb) If the less restricted use shall
be extended ten (10) feet or more
within a residential use district, a
permanent open space for a rear and
side yard of not less than ten (10)
feet shall be provided for and main-
tained within the lot area as so ex-
tended. Also in such event, if the less
restricted use he extended more than
ten (10) feet, the said minhnum rear
and side yards shall be increased by
one (1) foot for each additional ten
(10) feet of such extension.
SECTION 80~--The Board of Ap-
peals shall make rules as to the man-
ner of filing appeals or applications
SECTION 803--Upon the filing wlth
the Board of Appeals of an appeal or
of an application for special exception
or variance, the Board of Appeals shall
fix a time and place for a public hear-
~ng thereon and shall g~ve notice there-
of as follows:
(a) By publishing a notice thereof
in accordance with the Town Law.
ARTICLE IX
SECTION 900~The Town Board
upon its own motion or by petition
may, from time to time, amend, sup-
plement, change, modify or repeal this
Ordinance including the Zoning Map.
6
by proceeding in the following manner:
SECTION 901--The Town Board by
Resolution adopted at a stated meeting
shall fix the time and place of a public
hearing on the proposed amendment
rising for a public hearing, shall in a
written request, instruct the To~n
report defining the conditions described
in a petition and determine the area
so effected with their recommenda-
SECTION 902--In case, however, cf
a protest against such change, signed
by the owners of twenty (20) percent
included in such proposed change, or
of that immediately adjacent thereto,
cxtending one hundred (100) feet
therefrom, or of that directly opposite
thereto, extending one hundred (lC0)
feet from the street frontage of such
opposite land, such amendment shall
not become effective except by the
favorable vote of at least four (4}
SECTION 903--At a public hearing
full opportunity to be heard shall be
given to any citizen and all parties in
interest.
ARTICLE X
General provisions
SECTION lO00--In a Residential and
Agricultural District where a lot abuts
on a parkway, the lot shall be con-
sidered to front and have a front yard
on the street and also on the parkway
and where the building accords with
this section, a private accessory garage
may be incorporated in the building or
attached thereto regardless of distance
SECTION I001 -- Notwithstanding
any other provisions of this Ordin-
date of this Ordinance shall with-
provide suitable screening in the
form of fencing or hedges complete-
ly around fhe periphery of the area
used for such purposes, and the type
of fencing and hedges shall be sub-
ject to the approval of fhe Board
of Appeals.
SECTION 1002 -- Notwithstanding
any other provisions of this Ordin-
effective date of this Ordinance
which does not conform to the pro-
visions of this OrdinanCe, shall
within five (5) years from such
date be discontinued unless its con-
exception by the Board of Appeals
SECTION 1003--The Planning Board
shall studY the application of this Or-
dinance and shall, from time to time,
recommend to the To~m Board such
changes in the Ordinance and in the
boundaries of the various dhstricts as
it shall deem advisable to further pro-
mote the health, safety, morals or the
general welfare of the community.
other structure and no hedge, tree,
shrub or other growth shall be erect-
twenty (20) feet from the inter-
fore provided, the following pro-
(d) Whenever a non-conforrrflng
(e) A non-conforming building
inrally altered during its life to an
e~tent ex¢~eCfin.~ .~u aggcegatc cost
fifty (50) percent of the tair value
in addition to other remedies provided
otherwise, may be instituted, or taken
building, structure or land or to pre-
~eneral agent, or contractor of a build-
sists in any such violation or who
?
BUILDING ZONE ORDINAN
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
An ordinance classifying, regulating
and restricting the height, number of
staries, size of buildings and other
structures, the percentage of lot that
may be occupied, the size of yards and
other open spaces, the denqty of popu-
lation, the location and ~se of build-
trigs, structures and land for trade,
dustry, residence and other purposes,
(provided that such regulations shall
apply to and affect only such part of
-the town outside the limits of any in-
corporated village), establishing the
boundaries of districts for said pur-
poses so as to promote the heaIth, safe-
ty, morals and general welfare of the
Town of Southold with reasonable con~
sideration, 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 build-
ing development in accordance with a
well considered plan and g~so to estab-
lish penalties for violation of these
regulations as prescribed by the sta-
tutes.
TABLE OF CONTENTS
Short Title Section
Article 1 Definitions i00
Article 1I Districts 200
Article III "A" ResidentiaI and
Agricultural District 300
Article IV "B" Business District 400
Article V "C' Industrial District 500
Article VI Tourist Camps, Camp
Cottages and Trailers 600
· ~vtlcle VII Applications and Per-
mits 700
Article VIII Board of Appeals 800
Article IX Amendments 900
Article X General Provisions 1000
WHEREAS, all the matters and
things required to be done by the Town
Law of the Slate of New York in order
that the Town Board of the ToWn of
Southold, Suffolk County, State of New
York, may avail itself of the powers
conferred by said law have been duly
complied with.
NOW THEREFORE, the Town Board
of the Town of Southold, Suffolk Coun-
ty, State of New York, by virtue of
the aulhority in it by law invesled,
hereby ordains and enacls the follow-
ing ordinance.
SECTION 1--This ordinance shall be
known and rmay be cited as "The
Building Zone Ordinance of the Town
of Southold, Suffolk County, New
York."
ARTICLE I
SECTION 100--Definitions---For the
purpose of this Ordinance, certain
terms and words are, herewith, defined
as follows:
Words used in the present tense in-
clude the future, the singular number
includes the pluraI and the plural the
singular, the word "building" includes
the word "structure", the word "lot"
includes the word "plot" and the word
"shall" is mandatory and not directory.
1--ACCESSORY BUILDING -- A
building, subordinate to the main build-
ing on a lot and used for purposes
customarily incidental to those of the
main building.
2--AN ACRE -- An acre as applic-
able to this Ordinance shall refer to
the land exclusive of street areas.
3--BOARDING AND TOURIST
HOUSES. A building other than a hotel
where lodging, with or without meals,
for six or more persons is furnished
for compensation.
4--BUILDING -- A structure having
a roof supported by waus and when
separated by a party wall without
openings, it shall be deemed a separate
building.
5--BUILDING AREA -- The aggre-
gate of the maximum horizontal cross
section area of the buildings on a lot.
excluding cornices, eaves, gutters or
chimneys projecting not more than
eighteen (18) inches, steps, one (1)
story open porches, bay windows, not
extending through more than one (II
story and not projecting more than
five (5) feet, balconies and terraces.
6--BUILDING HEIGHT -- The ver-
ticle distance measured from the curb
level to the highest point of the roof
surface, if a fiat roof, to the deck line
of a mansard roof, and t~ the mean
height Ievel between eaves and ridges
for a gable, hip or gambrel roof PRO-
VIDED that chimneys, spires, towers,
elevator penthouses, tanks and simular
projections shall not be incinded in
the height. For building set back from
the street line and where no curb ex-
ists, the height may be measured from
the average elevation of the ground
surrounding the building.
7--DWELLING--ONE ITA1ViILY--A
detached building designed for or oc-
cupied exclusively by one (1) family.
8--DWELLING~TWO FAMILY -- A
detached or semi-detached bulk[lng
designed for or occupied exclusively by
two (2) families.
9--DWELLING--MLrLTIPLE -- A
building or portion, thereof, designed
for or occupied as a home for three (g)
or more families or households, living
independently of each ether.
10--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 ten-
ant of the lot on which it is erected,
and for the storage of not exceeding
two (2) additional vehicles (DOt trucks)
owned or used by others.
Il--GARAGE - PD-BLIC--A building
other than a private garage, used for
housing or care of gasoline or othei
power driven vehicles, or where such
vehicles are equipped for operation, re-
paired or kept for remuneration, hire
12--HOTEL--A building oceuptsd as
the more or less temporary abiding
place oI individuals who are lodging
Page 1
with or without meals and in which
~re are more than ten (i0) rooms
~ally occupied singly and no pro-
vision made for cooking in any in-
dividual apartment.
12 A--AUTO1ViORCLE WI%ECKING
AND ALL OTItER JUNK YARDS--
Land occupied or to be occupied for
the storage of old wood, paper, cloth
or metal, including old automobiles,
trucks, equipment, machinery, fixtures
and appliances not usable as orginally
designed; and aMo including any por-
tions of such old automobiles trucks,
equipment or machinery as are or may
be sold as and for junk or salvage.
13--LOT--Land occupied or to be oc-
cupied by a building and its accessory
buildings together with such open
spaces as are required under this Or-
dinance and having its prtocipal front-
age upon a public ~treet or officially
approved place.
i~4--LOT-CORNER--A lot situated at
the junction of two (2) or more streets.
15--LOT-INTERIOR--A lot other
than a corner lot.
16--LOT-THROUGH--An interior lot
having frontage on two (2) streets.
17--LOT LINES--The lines bounding
a lot as defined herein.
18--NON - CONFORMING USE4
building or premises occupied by a use
that does not conform with the regu-
lations of the use district in which it
is situated.
19--SETBACK--The minknuln hori-
zontal distance between the street or
lot ]ine (front, side, or rear, as the
case may be) of the building or any
projection, thereof, excluding steps,
open terraces, and bay windows not
projecting more than five (5) feet.
20--STORY~That portion of a build-
ing included between the surface of
any floor and the surface of the floor
next above it or if there be no floor
above it, then the space between it and
the codling next above it.
21--STORY-HALF--A story under a
gable, hip or gambrel roof, the wail
plates of which, on at least two (2)
opposite exterior walls, are not more
than two (2) feet above tim finished
floor of such story.
22--STRUCTURE--Anything construc-
ted or erected, the use of which re-
quires a more or less permanent lo-
cation on the soil, or attached to some-
thing having a permanent location on
the soil.
23~TRUCTURAL ALTERATIONS--
Any change in the supporting members
of a building, such as bearing walls,
columns, beams or girders.
24~YARD--An open space on the
same lot with a building, unoccupied
and unobstructed from the ground up-
ward except as otherwise provided
herein.
25--FRONT YArD--The required
open space extending along the street
line of any street on which the lot
abuts.
26--REAR YARD-~The required open
space extending along the rear lot line
(not a street line) throughout '
whole width of the lot.
27--SIDE YA~D~The required Open
space extending along the side lot lines
from the front yard to the rear yard.
28--~IZE UP LOT~AREA--The area
of a lot shall be the total area meas-
ured inside all of Its boundaries.
ARTICLE II
Districts
~ECTION 200--USE DISTRICT
REGULATIONS--For the purpose of
this Ordinance, the Town of Southold,
outside of the Incorporated Villages,
iq hereby divided into three (3) classes
of districts which shall be designated
as follows:
TURAL DISTRICTS
"B" BUSINESS DISTRICTS
"C" INDUSTRIAL DISTRICTS
SECTION 201--The boundaries of
said districts are, hereby established
as shown upon the Building Zone Maps
which accompany and which, with all
notations, references and other matter
shoaq~ thereon are, hereby, declared
to be part of this Ordinance, as if the
matters and things set forth by said
map were all fully described herein.
SECTION 202--No building shall be
lees shall be USed for any other than a
purpose permitted in the Zone in which
such building or 'premises is located.
SECTION 203--The boundaries be-
indicated, either street lines, railroad
rights-of-Way or such lines extended
of Subdiv sions Where ligures are
street and a district boundary line, they
indicate that the district boundary line
runs parallel to the street line at a
distance as so indicated. When the
location of ~ district belmdary line
is not otherwise determined, it shal/
be determined by the SCale of the map
measured from a given line. Where the
on the zoning maps, the designation
shown on the mapped streets shall
apply in SUch a way as to carry out
the real intent and purposes of this
Ordinance for the particular area in
SECTION 2O4~Where a district
boundary line divides a lot in a single
Ownership at the time of passage of
this Ordinance, the Board of Appeals,
as hereinafter provided, may permit
the less restricted use to extend to the
whole or any part of such lot.
ARTICLE III
District
SECTION 300---In the "A" Residen-
tial and Agricultural District, no build-
lng or premises shall be used and no
building shall be hereafter erected or
altered unless otherwise provided in
this Ordinance, except for one (1) or
/--One (1) family dwellings.
2--Churches, schools, libraries.
3--Non-commercial parks, play-
grounds, athletic fisld~, bathing
beaches, bathhouses or boathoUSes.
4---Agricultural farms, poultry farms,
nurseries, greenhoUSes and truck gard-
ening (does not include farms for the
raising or breeding of ducks)
5--Clubs, fraternity houses and golf
courses, except where the principal ac-
tivities are carried on as a businees.
6--Railway passenger stations.
7--Accessory buildings, including one
(1) private garage, when located not
less than fifty (50) feet from t~e front
lot line or a private garage within or
attached to the dwelling.
8--Uses customarily incidental to any
of the above uses when located on the
same lot and not involving the con-
duct of a separate business. This shall
be understood to include the profes-
sional office or studio of a doctor,
dentist, teacher, artist, architect, en-
gineer, musician, lawyer, magistrate or
practitioner of a similar character or
eluding dressmaking, millinery or simi-
lar handicrafts, PROVIDED the office,
studio or occupational rooms are lo-
cated in a dwelling in which the prac-
titioner resides or in a building acces-
sory thereto, and PROVIDED further,
no goods are publicly displayed on the
is shown other than a sign net larger
than two (2) square feet in total area,
(words only) of the practitioner.
9--The sale at retail of farm garden
or nursery products produced on the
premises. One (1) advertising sign or
signs not exceeding twenty-four (24)
square feet in total area advertising
of animals raised on the premises.
lO~One (1) real estate sign not
larger than twelve (12) square feet in
vertising the sale or letting of only
the premises on which it ts maintained
and set back not less than the required
front yard distance and not less than
ten (i0) feet from each side line.
or the selling of lots in a subdivision,
one (1) real estate sign, having an area
of not more than twenty-four (24)
square feet, will be permitted on each
five hundred (500) feet to one thous-
and (1000) feet of frontage on the
highway or highways on which the
property fronts, PROVIDED said sign
ts set back not less than the front yard
restrictions required and not less than
ten (10) feet from each side line and
the bottom of sign be placed not less
than three (3) feet above the ground.
If the property should have a frontage
of less than five hundred (300) feet,
the sign permitted shall have an area
of not more than twelve (12) square
feet and the same restrictions shall
Page 2
anply.
-.e "A" Residential and Agricultural
District, no building, hereafter erec-
ted or altered, shall exceed thirty-five
(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 bask
an additional six (6) inches on all
sides for each foot such buildings ex-
ceed the height of thirty-five (35) feet.
SECTION 302--"A" BUILDIN{}
AREA--In the "A" Residential and
Agrlcdltural District, the total building
area shall not exceed twenty-five (25)
percent of the total lo% area.
SECTION 303--"A" SIZE UP LOT-
AREA--In the "A" Residential and
Agricultural District, no building shall
be erected or altered on a lot of an
area less than twelve thoUSand five
hundred (1g,500) square feet, or upon
a lot having a frontage of less than
one hundred (100) feet.
SECTION 304--"A', FRONT YARD~
In the "A" Residential and Agricul-
thral District, the required front yard
shall be at least thirty-five (35) feet
from the street line.
SECTION 30S--Where property in
the vicinity is partly built up with
permanent buildings and an average
setback line of more or less than thirty
Iive (35) feet has been estabIished, no
buildings, hereafter erected or altered,
shall ~roject beyond the line of the
average setback so established.
SECTION 306--In case of a corner
lot of record at the time of the pas.
sage of this Ordinance, a front yard
shall be required; same to be on a line
with the average setback lines on both
streets produced to a point of inter-
section and if no average setback has
been established then a front yard,
thirty-five (35) feet deep, shall be re-
quired on each street front, or may be
decreased as a speciaI exception by the
Board of Appeals as hereinafter pro-
vided.
SECTION 307--"A" SIDE YAI~DS---
In the "A" Residential and Agricultural
District, there shall be two (2) side
yards, one (1) on each side of the
buildings, the total aggregate of both
sides to be twenty-five (25) feet and
no one (1) side yard to be less than
ten (10) feet wide.
PROVIDED that, in the case of a
lot held in single and separate owner.
ship at the effective date, o~ this Or-
dinance, of a width less than one hun-
fired (100) feet or of an area less than
twelve thousand five hundred (12,500)
feet, a single family dwelling may be
built thereon with side yards reduced
fifty (50) percent and when further re-
duced as a special exception by the
Board of Appeals as hereinafter pro-
vided.
SECTION 30~-"A' REAR YARD--
In the "A" Residential and Agricaltur-
al District, there shall be a rear Yard
five (25) feet.
PROVIDED that, in case ota lot
held ip single and separate owner~
at the effective date of this Ordinance,
having a total depth of less than one
hundred (I00) feet, a ~-tngle family
dwelling may be built thereon with a
rear yard of less than twenty-five (25)
feet, when authorized as z special ex-
ception by the Board of Appeals as
hereinafter provided and PROVIDED
further that in no case shall the rear
yard be lees than fifteen (15) feet.
SECTION 300--"A" ACCESSORY
BUILDINGS--in the "A' Residential
and Agricultural District, accessory
' buildings may occupy forty (40) per-
cent of the required rear yard up to
an average height ~f eighteen (18) feet.
The yard area allowed by such ac-
cessory buildings shall be included in
computing the percentage of lot area
to be buiIt upon and PROVIDED
further that no building of any kind
or nature shall be built within three
(3) feet of any lot line.
SECTION 310--OI~F-STREET PARK-
ING AREA--In "A" Residential and
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 of
this Ordinance, unless not less than
one (1) parking space for each family
unit therein shall be provided for. For
all places of public assembly including
auditoriums, churches and similar pub-
lic gathering places creeled, there shall
be provided not less than one (1) park-
ing space for each seven (7) permanent
seats in such buildings or for each
part of the total area within such
building or structure as is or may he
area is an area of three hundred thirty-
four (334) square feet per required mo-
tor vehicle unit
SECTION 400--In the "B" Busine~
District, no building or premises shall
be used, and no building shall be here-
wise provided in this Ordinance, ex-
I--One (1) family or two (2) family
dwellings; multiple family dwellings
lined in "A" Residential and Agricul-
total District ere complied with).
2~Ai1 permAtted uses as outlined in
'A" residential and Agricultural Dis-
trier.
3--Plotels, motels, motor lodges,
boarding houses and similar establish-
4--Hospitals and clinics, other than
or liquor or drug addicts.
5--Offices, banks, financial institu-
tions, telephone, telegraph, g~ or e]eo-
6--~tores.
8--Restaurants, bakery shops, con-
fectionery or ice cream shops or fac-
tories.
9--Public garages or automobile ser-
vice stations when approved as a spec-
ial exception by the Board of Appeals
as hereinafter provided.
10--~torage houses, stables, express,
carting or hauling offices or stations,
ice manufacturing, yards for storage
and sale of coal and building materials.
Il--Newspaper offices or job printing,
book binderies, laundries, dry cleaning
or dyeing, undertaking establishments.
lg--Creamery, butter or cheese
making, milk bottling or distributing
stations.
13--Shops for ca~pentere, plumbers,
blacksmiths, upholsterers, electricians,
tinsmiths, Paper hangers, painters,
tailors, dressmakers, millinery shop,
shoemakers, jewelers, watch and clock
makers, opticians, musical or scientific
instruments, pet animals and other
trades or uses of a similar grade.
14~Commercial docks, piers, ferry
slips, ferry houses, ;fishing stations,
boat yards, bus stations and terminals.
15--Any manufacturing, fabricating,
treating, converting, finishing, altering
or assembling, in connection with the
aforesaid permAtted uses and which is
a necessary incident and accessory to
the preparation of articles to be sold
prbnarily on the premises or to the
performing of a service primarily for
residents of the neighborhood.
i6--Accesscry use on the same Ici
with and customarily incidental to any
of the above permitted uses.
SECTION 401. No building may be
erected, altered, or used, and no lot or
premises except for agriculture may be
Used for any trade, industry or business
that has been adjudicated a public
nuisance by a court of record.
SECTION 402 "B" IgEIOHT--In
the "B' Business District, no building
hereafter erected or altered shall ex-
ceed fifty (50) feet.
~ECTION 403--"B" BUILDING
AREA--In the "B" Business District,
no building shall be erected or altered
or used in whole or in part as a dwell-
ing to exceed seventy (70) percent of
the lot area.
SECTION 494--"B', FRONT YARD--
In the "B" Business Dts~rict, the re-
quired front yard shall be at least
twenty-five (25) feet.
SECTION 405--Vfhere property in
the vicinity is partly built up with
permanent buildings and an average
setback line has been established, no
buildings hereafter erected or altered
shall project beyond the tine of the
average setback so established.
ch ten (10) feet or fractlon therof
nich the building exceeds forty (40)
feet in height.
SECTION 407 "B" DENSITY OP
POPULATION--In the "B" Business
District, no building shall hereafter b~
erected or altered to accommodate or
make provisions for more than twenty
(20) families on one (1) acre of gromad
or more than a proportional number of
families on a fractional part of any
acre of land, based on the require-
ments as outlined above.
SECTION 408---COMqViERCIAL
VERTISING BOARDS -- In the "B"
Business District, commercial advertis-
ing boards shall not exceed six (6) feet
high by ten (10) ~eet long, the bottom
of which shah be at least three (3)
feet from the ground and so placed as
to be at least five (5) feet distant from
ali street and property lines.
~ECTION 409--"B" SIZE OF LOT-
AREA--In the "B" Business District,
no building shall be erected or altered
on a lot of an area less than seventy-
five hundred (7,500) square feet or
upon a lot having a frontage of less
than fifty (50) feet.
SECTION 410 -- Olaf . STREET
PARKING AREA -- In "B" Business
District, no building shall be hereafter
erected, or altered or added to in ex-
cess of fifty (50) percent of its area
prior to the adoption of this Ordinance.
unless a minimum provision for off-
street parking shall be made as followa:
(a) PIospitals -- One (1) parking
space for every four (4) beds.
(b) Theatres--One (1) P~rking space
for every (7) seats.
(c) Dwellings -- One ~1) parking
space for every dwelling unit
(d) t/oteis -- One (1) parking space
for every two (2) rooms.
(e) All places of public assembly
such as auditoriums, churches and for
similar uses -- One (1) parking space
for each seven (7) permanent seats or
an area equivalent to seven (7) per-
manent seats.
(f) All structures where offices or
living quarters are provided over the
first floor, an additional space shall be
provided for each office or for each
dwelling unit.
(g) All other business buildings
where the ground floor area is in ex-
cess of two thousaad fiv~ hundred
(2,500) square feet -- One (1) parking
space for each two hundred (200)
square feet of building area or frac-
tion thereof in excess of two thousand
five hundred (2,500) square feet.
The formula for providing an ade-
quate parking area is an area of three
hundred thirty-four (334) square feet
per required motor vehicle unit.
ARTICLE
"C" Industrial District
SECTION 500--In the "C" Industrial
District, all buildings and premises, ex-
cept as otherwise provided in this
Ordinance, may be used for any use
except the following:
1--Abattoirs (except as a special ex-
hereinafter provided).
2--Acetylene gas manufacture or gas
manufacture from coal, coke, petroleum
or from any other product or the stor-
age thereof.
3--Acid manufacture.
/---Ammonia, ble~clflng powder or
ch]orlne manufacture.
6--A~phalt manufacture.
7--Blast furnace
8---Cement, lime~ gypsum or plaster
of paris manufacture.
9--Coke oveus.
lO--Crematories.
12--Dwellings, all types.
14--~Fat rendering.
15~-Fer tilizer manufacture
t~-Fire works manufacture.
17--Garbage, offal or dead animals,
reduction or dmnping (except as a
spectsi exception by the Board of Ap-
peals as hereinafter provided) .
18--Gine, size or geIatine manufac-
19--Gunpowder manufacture or stor-
19A--Automobile wrecking and
other junk yards
20---Oilcloth or linoleum manufacture.
21--Oiled, rubber or leather manufac-
22--Ore reduction.
23--Paint, oil, sheIlac, turpentine or
varnish manufacture.
25--Petroleum refining.
26--Potash works.
28--Rubber or gutta percha manufac-
ture.
29--Salt works.
30--Sauerkraut manufacture
31-~qhoe bIacking or stove poiish man-
ufacture.
32--Smelting.
33--~oap manufacture.
34---Stockyards or slaughter houses
(except as a special exception by the
Board of Appeals as hereinafter pro-
v/ded).
35--Stone mill or quarry.
36--Structural steel or pipe Works.
37--Sulphuric, nitric ox' hydrochloric
acid manufacture.
38--Sugar refining.
39--Tar distiIlatlon or manufacture.
4~--Tar roofing or waterproofing man-
ufacture.
4I--Tallow, grease or lard manufac-
42--Tanning, curing or storage of
rawhides or skins.
43--Tobacco (chewing) manufacture
44--Vinegar manu/acture.
45--Yeast plant.
And in general those uses which
are authorized as a special exception
by the BOard of Appeals as hereinafter
provided
SECTI~)N 501--"C" REA~ YARD---
Lq the "C' Industrial District, if a
building is USed in whole or in part as
a dwelling, there shall be a rear yard
having a minimum depth of fifty (50)
feet.
SECTION 502---COMiVIERCIAL AD-
VEI~TISING BOARDS--In the "C" In-
dustrial District, commercial advert/s-
Lug boards shall not exceed six ($) feet
high by ten (I0) feet long, the bottom
of which shall bo at least three
feet from the ground and so placed as
to be at least five (5) feet distant from
all street and property lines.
SECTION 503--"C" FRONT YARD~
In the "C" IndUStrial District, the re-
quired front yard shall be at least
thirty (30) feet, provided further that
where property is bounded on any side
by a railroad right-of-way or on a rear
line by a railroad right-of-way, there
shall be a setback along the entire
length of such railroad right-of-way
or private right-of-way of at least
thirty (30) feet.
SECTION 504--"C" SIZE OF LOT-
AREA--In the "C" Industrial District,
no building shall be erected or altered
on a lot of an area less than twelve
thousand five hundred (12,500) square
feet or upon a lot with a frontage of
less than one hundred (100) feet.
SECTION 505 -- OFF . STREET
PARKING AREA--In the "C" Indu~-
trial District, no building shal~ be
hereafter erected or altered or added
to in excess of fifty (50) percent of its
area prior to the adoption of this Ordi-
nance, unless a minimum provision for
off-street parking shall be made as
follows:
(a) All buildings where the ground
lloor area is two thousand five hundred
(2,500) square feet- One (1) parking
space for each two hundred (g00)
square feet of building area or fraction
thereof in excess of two thousand five
hundred (2,500) square feet.
(b) All places of public assembly --
One (1) parking space for each seven
(7) permanent seats or an area equiv-
alent to seven (g) permanent seats.
(c) All structures where offices are
provided over the first floor -- An ad-
ditional parking space shaI1 be pro-
vided for each office.
The formula for providing an ade-
quate parking area is an area of three
hundred thirty-four (334) square feet
per required motor vehicle unit.
ARTICLE VI
Tourist Camps, Camp Cottages
and Trailers
SECTION 600 -- PERMITS RE-
QUIRED-No tourist camp shall be
tablished, maintained or operated in
any district, nor shall any tent, tent-
house, camp-cottage, house-car or
trailer, to be used or occupied as a
place for livLug, sleeping or eating,
whether charge is or is not made, be
erected or placed therein, unless au-
thor/zed by the Town Board pursuant
to the provisions of the Trailer Camp
Ordinance dated June 30, 1953.
SECTION 604--Article VI shall not
Page 4
deemed to apply to the temporary
seasonal camp of any unit cd the
Boy Scouts of America or the Girl
Scouts of America or other such or-
ganizations under the leadership pro-
vialed by said orEanizations teepee-
ARTICLE VII
Applications and Permits
shall have the power to vary or mod~
the application of such regulations .
that the sph-it of the Ordinance shall
be observed, public safety and welfare
secured and substantial Justice done.
C. SPECIAL POWERS AND RULES
(MA'J.'r~RS OF ORIGINAL JURIS-'
DICTION AND BY APPLICATION TO
THE BOARD OF APPEALS).
(I) Whenever a use, or the location
thereof, is permitted only if the Board
of Appeals shall approve thereof, the
Board of Appeals may, in a specific
case and after notice and public hear-
. lng, 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:
(a) Before such approval shall be
given, the Board of Appeals shall de-
termine :--
(1) That the use will not prevent
the orderly and reasonable use of ad-
Jacent properties or of properties in
adjacent USe districts;
(2) That the use will not prevent
the orderly Had reasohable use of per-
mitted or legally established uses in
the district wherein the proposed use is
to be located or of permitted or legally
establishes uses in adjacent use
triers;
(3) That the safety, the health, the
welfare, the comfort, the convenience
or the order of the Town will not be
adversely affected by the proposed use
and its location; and
(4) That the use will be in har-
mony with and promote the general
purposes and intent of this Ordinance.
(b) In making such determination,
the BOard of Appeals shall also give
consideration, among other things,
to:-
(1) The character of the existing
and probable development of uses in
the district and the peculiar suitability
of such district for the location of any
of such permissive uses;
(2) The conservation of property
values and the encouragement of the
most appropriate uses of land;
(3) The effect that the location of
the proposed use may have upon the
creation or undue increase of vehicdiar
traffic congestion on public streets or
highways;
(4) The availability of adequate and
proper public or private facilities for
the treatment, removal or discharge
of sewage, refuse or other effluent
(whether liqdid, solid, gaseous 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,
(5) Whether the 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 enjoyment
by the public of parking or of recrea-
tional facilities, if exisfing, or if pro-
posed by the Town or by other com-
petent Governmental agency;
(8) To the necessity for bituminous
surfaced space for purposes af off-
street parking of vehicles incidental
to the use, and whether such space is
reasonably adequate and appropriate
and can be furnished by the owner
of the plot sought to be used within
or adjacent to the plot wherein the
use shall be had;
(9) %Whether a hazard to life, limb
or property because of fire, flood,
erosion or panic may be created by
reason or as a result of the use, or
by the structures to be used therefor,
or by the inaccessibility of the prop-
erty or structures thereon for the con-
venient entry and operatoin of fire and
other emergency apparatus or by the
Undue concentration or assemblage of
persons upon such plot;
(10) Whether the use, or ~I~e struc-
tures to be used therefor, will cause
an overcrowding of land or undue con-
centration of population;
(11) Whether the plot area Is auf-
ficient, approprinte and adequate for
the use and the reasonably anticipated
operation and expansion thereof; and
(12) Whether the use to be operated
is Unreasonably near to a church,
school, theatre, recreational area or
other place of public assembly.
(c) The Board of Appeals Shall, in
authorizing such permissive uses, im-
pose such conditions and safeguards
as it may deem appropriate, necessary
or desirable to preserve and protect
the spirit and objectives of this Or-
dinance
(II) l~;hen, in its ~udgment, the public
convenience and welfare and justice
will be substantially served, and pro-
vided that the legally established or
permitted use of neighborhood proper-
ty and adjacent use districts will not
be substantially or permanently
~ured, the Board of Appeals may, after
public notice and hearing and subject
to appropriate conditions and sate-
guards as outlined, authorize the grant-
ing of a permit.
(a) Where a district boundary line di-
vides a lot which is proved to the satis-
faction of the Board of Appeals to have
been in single and separate ownership
at the effective date of this Ordinance,
and the total area af which lot has
not been diminished or increased since
such date, the less restricted use may
be adjusted to extend to tho whole or
any part of such lot but not more than
fifty (50) feet beyond the boundary
line of the use district in which said
lot is located.
(b) If the less restricted use shall
be extended ten (10) feet or more
within a residential use district, a
permanent open space for a rear and
side yard of not less than ten (10)
feet shall be provided for and main-
tained within the lot area ~ so ex-
tended. Also in such event, if the less
restricted use be extended more than
Page 5
tqn (10) feet, the said minimum rear
i side yards shall be increased by
__,e (I) foot for each additional ten
(10) feet of such extension.
SECTION 802--The Board of
peals shall make rules as to the man-
ner of filing appeals or applications
for special exceptions or variances
SECTION 803--Upon the filing ~ith
the Board of Appeals of an appeal or
of an application for special exception
or variance, the Board of Appeals shall
fix a time and place for a public hear-
ing thereon and shall give notice there-
of as follows:
(a) By publishing a notice thereof
in accordance with the Town Law.
ARTICLE IX
Amenflmen/s
SECTION 900--The Town Board
upon its owa motion or by petition
may, from time to time, amend, sup-
plement, change, modify or repeal this
Ordinance incinding the Zoning Map,
by proceeding in the following manner:
SECTION 901--The Town Board by
Resolution adopted at a stated meeting
shall fix the time and place of a
public hearing on the proposed amend-
ment and cause notice thereof to be
given as follows:
(a) By publishing a uotice thereof
once a week for two (2) successive
weeks in two (2) Newspapers of gen-
eral circulation published in the Town.
(b) The notices shall state the lo-
cation and general nature of the pro-
posed amendment.
(c) The Town Board, before adver-
tising for public hearing, shaE, in a
written request, instruct the Town
Planinng Board to prepare an officiaI
report defining the conditions de-
scribed in a petition and determine the
area so affected with their recommen-
dation.
SECTION 952--In case, however, of
a protest against such change, signed
by the owners of twenty (20) percent
or more, either of the area of land
included in such ~ropesed change, or
of that immediately adjacent thereto,
extending one hundred (100) feet
therefrom, or of that directly opposite
thereto, extending one hundred (100)
feet from the street frontage of such
opposite land, such amendment shall
not become effective except by the
~avorable vote of at least four (4)
members of the Town Board.
SECTION 903--At a public Hearing,
full opportUnity to be heard shall be
given to any citizen and ali parties in
interest.
ARTICLE X
~;eneral Prowtstons
SEO~UION 1000--In a Residential and
Agricultural District where a lot abuts
on a parkway, the lot shall be con-
sidered to front and have a front yard
on the street and also on the parkway
and where the building accords with
this section, a private accessory garage
may be incorporated in the building or
attached thereto regardless of distance
from streets.
SECTION 1001 -- Notwithstanding
any other provisions of this Ordinance
all automobile or other junk yards in
eYAstence and in effect at the date of
this ordinance shall within the ex-
piration of 3 years from same provide
suitable screening in the form of solid
fencing or hedges completely around
the periphery of the area used for such
storage purposes, and the type of fence
or hedge shall be subject to the ap-
proval of the Planning Board.
SECTION 1002 -- Notwithstanding
- any other provisions of this Ordinance,
any sign or commercial billboard in ex-
istence at the effective date of this Or-
dinance in a Residential and Agricul-
tural District, shall, at the expiration
of five (5) years from such date, be
discontinued. The Board cf Appeals
may, however, permits its continuance
as a special exception as herein pro-
vided.
SECTION 1003--The Planning Board
shall study the apphcation of this Or-
dinance and shall, from time to time,
recommend to the Town Board such
changes In the Ordinance and in the
boundaries cf the various districts as
it shall deem advisable to further pro-
mote the health, safety, morals or the
general welfare of the community.
SECTION 1003a. -- All labor camps
where provision is made for the hous-
ing and feeding of transient help re-
gardless of the number to be accom-
modated, shall first meet all require-
ment of existing law. Farm labor
camps on farms shall not be located
nearer to any other residence than to
the residence of the employer except
as a special exception by the Board
of Appeals The location of any other
labor camp'or caml~ not on farms shall
be subject to the approval of the Zon-
ing Board of Appeals.
SECTION 1004~In any district, no
Publie Garage for more than three (3)
motor vehicles and no gasoline vending
station shall be erected or altered and
used within two hundred (200) feet of
any premises used for a public school,
public library, church, hospital or or-
phanage.
SECTION 1006--On any c~rner lot,
no wall, fence or other structure shall
be erected or altered, and no hedge,
tree, shrub, or other growth shall be
maintained which may cause dan~er
to traffic on a street by obscuring the
view, minimum of twenty (20) feet.
SECTION 1007 -- NON-COiVFOR1VI-
ING USES--The lawful use of a build-
ing existing on the effective date of
thls 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 building
fully acquired previous to the said date.
A non-conforming use of a building
may be changed to a use of the same
or higher classification according to
the provisions of this Ordinance.
'vVhenever a district shall hereafter be
changed, any then existing non-con-
forming use of a building in such
changed district may be continued or
changed to a use of a similar or higher
classification, provided all other regu-
lations governing the new use are com-
plied with. Whenever a non-conform-
ing use of the building has been dis-
continued for a period of more than
two years, or changed to a higher
classification, or to a conforming use,
anything in this Section to the con-
trary notwithstanding, the non-con-
forming use of such building shall no
longer be permitted unless a variance
to such non-conforming use shall first
have been granted by the Board of
SECTION 1008 -- TIDAL LANDS--
W~en the tidal lands are not shown as
zoned on the Zoning Map, they shall
be considered to lie within the "A"
Residential a~d Agricultural District but
no structure erected therein shall be
erected upon such lands owned by the
Town of Southold except upon the ap-
proval of the Board of Town Trustees.
SECTION 1009--VALIDITY~Should
any section or provision of this Or-
dinance be declared by a court of
competent jarisdiction to be invalid.
such decisions shall not effect the val-
idity of the Ordinance a~ a whole or
any other part thereof.
SECTION 1010--IN 'r ~pR~grATION,
PURPOSE ~qD CONFLICT--In inter-
preting and applying the provisions of
this Ordinance, they shal~ be held to
the minimum requiremnts for the
~romotion of the health, safety, morals
or the general welfare of the Town. It
is not intended by this Ordinance to in-
terfere with or abrogate or annul any
Town Building Code, or any rules and
regulations adopted or issued there-
under, or the rules and regulations of
the Department oI Health of the Coun-
ty of Suffolk, and not in conflict with
any of the provisions of this Ordin-
ance; 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 and regnlatious, the
provisions of this Ordinance shall con-
trol.
SECTION 1011--REMEDIES~In case
any buildhig or structure is erected,
co~strusted, reconstructed, altered,
paired, converted or maintained, or
any building, structure or land is used
in violation of this Ordinance, or of
any regulations made pursuant thereto,
tn addition to other remedies provided
by law, any appropriate action or pro-
ceeding whether by legal process or
otherwise, may be instituted, or taken
to prevent such unlawful erection, con-
struction, reconstruction, alteration, re-
to restrain, correct or abut such vio-
lation, to prevent the occupancy of said
building, structure or land or to pre-
vent any illegal act, conduct, business
or use in or about such premises
SECTION 1012 -- PEN/~LTIES--For
any and every violation of the pro-
visions of this Ordinance, the owner,
general agent, or contractor of a build-
ing or premises, where such violations
have been committed or shall exist,
and the general agent, architect, build-
er, contractor or any other person who
knowingly commits, takes part or as-
sists in any such violation or who
maintains any building or premises in
wbAch any such violation shall exist,
shall be guilty of a misdemeanor. Each
week's continued violation shall con-
stitute a separate additional violation.
Such fines or penalties shall be col-
lected a~ like fines are now collected
by law.
ADOPTED BY THE SOUTHOLD TOWN BOARD ON APRIL 9, 1957
i I~ETt~G CF APRIL 9, 19~7.
T
he ~outhold Town
30 P.~,~ ~ pr~l P~ l~or ~orm ~ .
Alber+ .... ~ w~h the followi~ 9~ 19~?, The meetin .... ~,~n.~. Kl~n
p~. ~z~ ~US~lces T,,~.~ -"~ present: SU~e~--~ ~..~ calte~ to o~
Y an~ Town Clerk Booth~ ~ups. of Highw=ys
The BOard sat at OnCe as a committee on audit to examine clgims against
the TOwn Concluding the audit work at 2 o'clock P.M.
MOved b C
~ ,Y OUncllman A1 o
duly approved as read ..... ~ one previou~ Clark:
· meeting be and hereby are
Vote of Town Board: Ayes-Supervisor Ktlpp. Councilman Albertson;
Justices Tuthill~ Clark and Demarest.
Moved by Justice De
RESOLVED: The *~ merest; Seconde _ _
~t the officet~"~..regu+ar monthlvdmk~+f~ti~e Tuthill:
april 23. 10~u~-~u~erV~sor Nor a~ w ~JJgg o£ this BOard ,.,~ ~ .
Vote of ~o,,,~~ ~? ~.30 P.M. o'~ .... . a±mpp , at Gree~ .... ~= ce held
~, oOer~: Ayes_Suoe~w~u=~, "~t, on Tuesday
~zl~ Clark ~ ~ r~on.
~**u uemarest.
EUgene Mazzaf~rro sng Benjamin HOrton app~ere
ffn~n~ a petlti~n, slg~ed by eleven resident d before the BOard ro
~ snst port,on ~,b~ch
~om~!aining of t~e ~-~ OUtside the ~nco~_s ~esiding on 0a~ S~
~0 5 P.M. ~- - P~r~l~g of mo* ~ ~ursred Vi~
~eo~m~ ~ un school dgvs ~u~ - o0r vehiclms 0m o .~==~e of Gr~enmm~+
- ~nus. ~ ~ wn~cn C~Uses e ~.oa~u street fro~
~su lnc~nvenienc ,~-~ a.m.
MOVed by Justice Cl~ .:
· Portion whi~ ~ _ ~ installed o~ ~_i._ ',
~ ~s ou~side of th~ ~ ~ uu~n si~es of ~'~ ~
~o~t~ siad signs to ~e~d 2 ho,- .= ~ncor~ora~o~ ~,~, ~,~ o~reet
- -~ ~m±age of Green_
Justices Tuthill~ Clark and Demarest.
Moved by JustiCe Clerk; Seconde .
WHEREAs~ a resolution was adn~f~b~ Justlc? Demares~.
ta of the Village
ecommending that there
d cooperatii~e ~ .... should be harmonious and erfective
interest of ail '- *~moning of the Town and the Village for
concerned~ and
R[~S,=lt W~s recommended , ~ .
;~ e tOwn ~oa . that a ' n_~ommzttee ofthe Village BOard
· -u nas in the ~a~ ~rpose~ and
With the Village and is desirous of further COoperation~ now~ therefore,
be it ~ o~ a±ways endeavered to cooperate
.:RESOLVED: That the Supervisor be and he hereby is authorized to appoint
such a committee to work with a similar committee appointed by the Village
Board.
Dated: April 9, 19g?.
Vote of Town Board: Ayes-Supervisor Klipp;
Councilman Albertson;
Justices Tuthill~
Moved by~Usti Clark and Demare
?;HEREAs. ail ,~e Clark; seconded b~, ~ .. ~ st.
Law o~ ~ -~e matters an . ~ ~uszlee Pemsre .
~ ~- .... e o~ate of ~ .... ~ ~h~ngs reeui~ ~ _ st.
~ oOUthold. Suee~/'~w zorE in order ~l~-~° se done by tho ~
.... uu~xerred by ~.~-j~ ~uase of New v~ C ~w~ mosrG of th~
~ ~tu maw have be~- ~..~r~ may avail tt~^~2 -ywn
~, uu~y comp[led With~- °=~ o£ the
.zCTTo~. ~ ~'~ use ro~ - - ~ ~ oM 1 .... ~ S~*o~ Uoun~,,
'he ~:~ ± - SECTION 1012~=ng oR~INAhCE: ~" lnvested~ hereby or~~
Town Clerk of eh~ ~
~'~ETING CF APRIL 9, 19~7.
~eG~h°ld T°wni~o~rd met ~t ~he offlo~ ....
~ lark Booth. -
The Board sat at Once as a committee on audit to examine clsims against
the Town concluding the audit work at 2 o'clock P.M.
Moved by Councllman Albertson; SeConded by Justice Clark:
R~SOLVED: That the minutes of the previous meeting be and hereby are
duly approved as read.
Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albertson~
Justices Tuthill~ Clark and Demarest.
Moved by Justice Demarest; Seconded by Justice Tuthill:
RESOLVED: That the regular monthly meeting of this Board will be held
at the office of Supervisor Nor an E. Klipp at Greenport~ on Tuesdsy~
April 23~ 19~?~ at 1:30 P.M. o'clock. '
Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albert~on:
Justices Tuthill~ Clerk and Demarest.
EUgene MazZaferro end'Benjamin Horton appeared before th
senting a oetition Signed b · e
on th?t portion w ~ ~- ~ ~%even residents ~,~=~ ~o,rd pre-
complainin~ of *~'~ ~? OU~s~me the Vncor .... l~jng on Oak Street
3° [?.M. on school d~ g -[ ~otor vehicles on sa~ _~ge ?f~Greegport'
res/Gents. ' J=9 WnlC~ CaUses a -~ - ~u ~ureez from ~ a.m'
~u lnc~mvenience to the '
Moved by Justice Cl~rk: s
RESOLVED: That nark~i'_.ec°n~ed by Justice
hart ~ _fi%~x?n Which is Outside jZ~i~e~ on both sides of
==u = hour parking nm~-~'~u ~xX{age of Green_
Vote of Town Board: Ayes-Supervisor Kli~p[r~ ~ =.m. vo p p.m.
Councilman Albertson;
Jostices Tuthill~ Clark and Demarest.
Moved by Justice Clark: seco
WHEREAS~ a resolut~ J .... nded by Justice D
dev~%i~i~ reCommendins that ~ ~= Im~mage B~ard of
+d£-?~en~ and Cooperat~i,~^ ~. "T?=~ snou±d be harmonic...-] -~age
~ ~nSerest of ell Conc=.~=~un~°ning of the Town ~,_~nu,effective
WHEREAs it was recommen~=u~ and =~u ~ne Village for
and the~ that a laison Committee ofthe Village
Town Board be appointed for such pUrpose~ and Board
k~EREAs~ That Town Board has in the past always endeavered to
with the Village and is desirous of COoperate
be it further COoperation~ now~
therefore~
RESOLVED: That the Supervisor be ~nd he hereby is authorized to appoint
such a committee to work with a similar committee appointed by the Village
Boar~.
D~ted: April 9~ 19~?,
Vote of Towu Board: Ayes-Supervisor Klipp; Councilman Albertson;
~ . Justices Tuthill~ Clark and Demares
~ed by Justice Clark. se ~ t.
o~ ~^2~j~o~e of New y~ ~ required to be d ~ ~
powers conf~rr~ ~n~y, State of New Yo~ ~ ~oa~ 9f the Town
N~W ~ ~ o .~ ±aw have been d-~ - ~ T~M avail ~tself of
- -o~ oy virtue o~ ~ - ~ '~J the TOwn of Sout~= o
dains =ha enacts the following ORDINANCE: ~ =~ ±nvested~ hereby or_~
uv .... ~"= =u~norlty-~ it b~'l~, ~-o~u? oU~folk Countv
C~zc~ 1 - SECTION 1012
~he Town Clerk of the Town of Southold~
~zed ~nd directed to ~nter thi . . Suffolk County~ L
~Own ~O~rd. to
nllk]4--J - ~S BUlldln~ o~ , is hereby author_
~.~aps incor~o~=,fjo~xsn.a~Copy ther~o o --~?ance in the min .
Wa~ ~ -.:~u aere~n~once ~ ~J f (e~clus~ve or +~ ..... ~tes of the
wi~"~ ~ ~ 3~e ~uff~lk Ti~s~n~oL~ng_Island T~a~e~%~.~ne
' ~ ~ rune siqnboa~ - ~ pose a copy the-~ ~ ~
and to file in his ofric~ ~u maintained by h~ ..... -=~ UOgether
- - ~ffidav~ts of ~ ~ ~ursuant to Town Law~
- such publication and posting.
This ordinance shall t~ke effect ten days after such Puhiicstion and
posting. BY ORDER OF THE SOUTHOLD TO)fN BOARD: SUpervisor Klipp; Council_
man Albertson; Justices Tuthill~ Clark ~ Demarest.
The B~ilding Zone Ordinsnce~
./ I'~w York~ is sttached to the
Town of Southold~ Suffolk County
minutes of this meeting.
BUILDING ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
An ordinance classifying, regulating
and restricting the height, number of
stories, size of buildings and other
structures, the percentage of lot that
may be occupied, the size of yards and
other open spaces, the density of popu-
lation, the location and ese of build-
ings, structures and land for trade, in-
dustry, residence and other purposes,
(provided that such regulations shall
apply to and affect only such part of
the town outside the limits of any in-
corporated village), establishing the
, boundaries of districts for said pur-
poses so as to promote the health, safe-
ty, morals and general welfare of the
Town of Southold with reasonable con-
· ~ sideration, 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 build-
lng development in accordance with a
well considered plan and a~so to estab-
lish penuities for violation of these
regulations as prescribed by the' sta-
tutes.
TABLE OF CONTENTS
· Short Title Section
Article I Definitions 100
Article 11 Districts 200
Article III "A' Residential and
Agricultural District 300
Article IV "B" Business District 400
Article V "C" Industrial District 500
Article VI Tourist Camps, Camp
Cottages and Trailers 600
Article ~rII Applications and Per-
mits 700
Article VIII Board of Appeals 800
Article IX Amendments 900
Article X Oenerui Provisions 1000
WHEREAS, ail the matters and
things required to be done by the Town
Law of the State of New York in order
that the Town Board of the Town of
Southold, Suffolk County, State of Hew
York, may avail itself of the powers
conferred by said law have been duly
complied with.
NOW THEREFORE, the Town ~Oard
of the Town of Southold, SUffolk Coun-
ty, State of New York, by virtue of
the author/ty in it by law invested,
hereby ordains and enacts the follow-
lng ordinance.
SECTION 1--This ordinance shall be
known and may be cited as "The
EuiIding Zone Ordinance of the Town
of Southold, Suffolk County, New
York."
ARTICLE I
SECTIOH 100---Definitions~For the
purpose of this Ordinance, certain
terms and WOrds are, herewith, defined
as follows:
Words USed in the present tense in.
the word "structure", the word "lot"
includes the word "plot" and the word
"shall" is mandatory and not directory.
1--ACCESSORY BUILDING -- A
building, subordinate to the main build-
ing on a lot and used for purposes
customarily incidental to those of the
main building.
2--AN ACRE -- An acre as applic-
able to this Ordinance shall refer to
the land exclusive of street areas.
3--BOARDING AND TOURIST
HOUSES. A building other than a hotel
where lodging, with or without meals,
for six or more persons is furnished
for compensation.
4--BUILDING -- A structure having
a roof supported by wans and when
separated by a party wall without
openings, it shall be deemed a separate
5--BUILDING AREA -- The aggre-
gate of the maximum horizontal cross
section area of the buildings on a lot,
excluding cornices, eaves, gutters or
chimneys projecting not more than
eighteen (18) inches, steps, one (1)
story open porches, bay windows, not
extending through more than one (D
story and not projecting more than
five (5) feet, balconies and terraces.
6~BUILDING HEIGHT -- The ver-
tirle distance measured from the curb
level to the highest point of the roof
surface, if a flat roof, to the deck line
Of a mansard roof, and to the mean
height level between eaves and ridges
for a gable, hip or gambrel roof PRO-
VIDED that chimneys, spires, towers,
elevator penthouses, tanks and simular
projections shall not be included in
the height. For building set back from
the street line and where no curb ex-
ists, the height may be measured from
the average elevation of the ground
surrounding the building.
7--DWELLINC~-ONE FAMILY--A
detached building designed for or oc-
cupied exclusively by one (1) family.
8~D%VELLING--TWO FA2VIILY -- A
detached or semi-detached building
designed for or occupied exelusiveiy by
two (2) families.
elude the future, the singular number 12--HOTEL--A building occupied as
includes the plural and the plural the the more or less temporary abiding
singular, the word mldl~~1~.Pl~O~ ' uals
.... ~ who are lodging
~:)['~.. ~.. [. ., Page I
with or without meals and in which
there are more than ten (i0) rooms
usually occupied singly and no pro-
vision made for cooking in any in.
dividual apartment.
Land occupied or to be occupied for
the storage of old WOOd, paper, cloth
or metal, including old automobiles,
[tucks, equipment, machinery, fixtures
designed; and a~o including any pot-
be sold as and for junk or salvage.
cup/ed by a bui]uing and its accessory
buildings together with such open
dinance and having its principal front-
f age upon a public ~reet or officially
approved place.
14~LOT-CORNER--A lot situated at
the junction of two (2) or more streets.
15--LOT-INTERIOR--A lot other
16 LOT-THROUGh--An interior lot
having frontage on two (2) streets.
17~LOT LINES--The lines bounding
a lot as defined herein.
lotions of the use district in which it
is situated.
19--SETBACK--The minimum hori-
zontal distance between the street or
lot line (front, side, or rear, as th~
ease may be) of the bUilding or any
projection, thereof, excluding steps,
projecting more than five (5) feet.
2C~--STORY--That portion of a build-
ing included between the surface of
any floor and the surface of the floor
next above it or if there be no floor
above it, then the space between it and
the ce,fling next above it.
21--STORY-H.a_LF--A story under a
gable, hip or gambrel roof, the wail
plates of which, on at least two (2)
than two (2) feet above thc finished
floor of such story.
22--STRUCTURE~Anything construc-
ted or erected, the use of which re-
cation on the soil, or attached to some-
thing having a permanent location on
the soil.
23--~STRUCTURAL ALTERATIONS--.
A_ny change in the supporting members
of a building, such as bearing walls,
columns, beams or girders.
24---YARD--An open space on the
same lot with a building, Unoccupied
and unobstructed from the ground up-
herein.
open space extending along the street
line of any street on which the~
abuts.
68
TOW~N BOAR~- ~ETING OF NOVEMBER 23,
Section 2. The work to be done in cooperation with and
under the direction and supervision of Robert W. Tasker, the
Town Attorney.
Section 3. The cost of such Code shall be $6,500.00 payable
in accordance with said contract.
Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman
Rich, Councilman Valentine, Justice Suter, Justice Demarest.
Moved by Councilman Valentine, seconded by Justice Demarest,
WHEREAS, this Board held a public hearing on the 28th day 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-part 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 Bu~ildlng Zone Ordinance
of the Town of Southold, Suffolk County, New York" together with
the Building Zone Maps forming a part thereof consistzng of six
sections designated A to F inclusive and which have been signed
by the members of this Board be amended as follows, to wit:
ARTICLE I
PURPOSES - DEFINITIONS
SECTION 100 - PURPOSES - There is hereby established a
comprehensive zoning plan for the Town of Southold, which plan
is set forth in the text and map that constitute this ordinance.
Said plan is adopted for the purposes set forth in Article t~
of the Town Law, which, in the interest of the protection and
promotion of the public health, safety, and welfare, shall be
deemed to specifically include the following, among others:
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 for privacy for families;
4. The prevention and reduction of traffic congestion,
so as to promote efficient and safe circulation of vehicles
and pedestrians;
5. The maximum protection of residential areas;
6. The gradual elimination of non-conforming uses;'
7. The enhancement of the appearance of the Town of
Southold as a whole;
8. The encouragement o~ flexibility in the design and
development of land in such a way as to promote the most
appropriate use of lands to facilitate the adequate and economical
provision of Streets and utilities and to preserve the natural
and scenic qualities of open lands;
9. The fostering and protection of agriculture and
fisheries.
TOWN BOARD ~ETING OF NOVEMBER 23, 197
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 ordihance, 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 intersections 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 inter-
section.
SECTION 305 - FENCES, ~ALLS & 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 limitations:
(a) When located in the front yard, along front yard
property line, the same shall not exceed three (3) feet in
height.
(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 sid~ o~ rear lot lines, 'the same shall 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 Article 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 building or part of a~building shall be
erected, or altered which is arranged, intended, or designed
to be used, in whole or in part, for any use except the follow-
ing:
A. Permitted Uses
1. Any permitted use set forth in and as regulated
by Section 300A of this ordinance.
2. Multiple dwellings designed for and occupied by
not more than four (4) families.
3. Boarding and tourist houses.
B. Us__~es 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 has hereinafter provided and subject to
Site Plan approval by the Planning Board in accordance with
Article XIV hereof.
.81
106
TO~N BOARI [EETING OF NOVEMBER 23, 19'
8. A record of all certificates=-of occupancy shall be
kept in the office of the Building Inspector and copies shall
be furnished on request, to any agency of the Town or to any
persons having an interest in the building or land affected.
SECTION 1503 PELANTIES - For every violation of the
provisions of this ordinance or any regulations made pursuant
h~reto, or a failure to comply with a writte~ notice or order
of the Building Inspector within the time fixed for compliance
there~ri-th, the oWner, occupant, 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 con-
stitute a separate additional violation.
SECTION 1504 - REMEDIES - In case an~ building or
structure is e~ected, 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 law, any appropriate action or proceeding
whether by legal process ct otherwise, may be instituted, or
taken to prevent such unlawful erection, construction, re-
construction, alteration, repair, conversion, amintenance or
use, to restrain, correct or abate such violation, to prevent
the occupancy of said building, structure or land or to prevent
any ~legal act, conduct, business, or use in or about such
premises.
L~VI. By renumbering Article IX to be Article XVI, and amendin~
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, supplement, change,
'modify or repeal this Ordinance including the Zoning Map, by
proceeding in the fdlowing manner: The Town Board by resolution
adopted at a stated meeting shall fix the time and place of a
public hearing on the proposed amendment and cause notice
thereof to be given pursuant to the provisions of the Town Law.
The Town Board, before advertising for a public hearing, shall
in a written request, instruct the Town Planning Board to
prepare an official report defining the conditions described
in a petition and determine the area so affected with its
recommendations.
SECTION 1601 - FEES E~gry petition for a change of
amendment to this ordinance or the zoning map shall be filed
with the Town Clerk and shall be accompanied by a fee of
$100.00.
ARTICLE XVII
INTERPRETATION, VALIDITY, AND E~CEPTIONS
SECTION 1700 - CONFLICTS
(a) Where a provision of this ordinance conflicts with
or imposes a different requirement than any other provision
of this ordinance, the provision or requirement which is more
restrictive or which establishes the higher Standard shall
govern.
BUILDING ZONE
ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK COUNTY
NEW' YORK
MAY 24, 1966
25c
BUILDING ZONE ORDINANCE
Town Of Southold
Suffolk Cour. y, New York
An ordinance classi£ying, regulating and restricting 'thc height, uumber
of stories, size of buildings and other structures, the percentage of lot that
may be occupied, the size of yards and Other open spaces, the density of
population, the location antl 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 the tOwn outside the limits of any
incorporated village), estabiishlng the boundaries of districts for said pur-
poses so as to promote the health safety,~norals and g al welfare of
Town of Sonthold wit ~ reasonable consideration, amon~
most ~t~ the
~er things todeslrable the
use £or 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 :.n 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
ARTICLE
TABLE OF CONTENTS ,
I Dcfiu{tions ............... Section
II Districts ............. ' ................... :. IIX)
IfI "A" Residential and Agricultural District ........ 300
IIIA "M" Multiple Residence District
, .. ................ 350
II[B "MI" Multiple kcs~dence Distric~ ..3 ....
IV '" .... 370
"B" Business District ...........
lib' ' ...... ~. ...... 400
IVA -1 Business District ......................... 420
IVB B-2 Busiuess District ................... 440
'V "C" Indnstrial District ......
VI .......................... 600
Tourist Camps, Camp Cottages and Trailers ..... .
VII ~.pplications and Permits ....................... 600
VIII Board of Appea s ......................... ~ ..... 700
'iX Amendments ................. 800
X General Provisions .................. 900
WHEREAS, all the matters and things required to be done by the Town
Law of the State of New York in order that the Town Board of the Town of
Southold, Suffolk County, State of New York, may avail itself of the powers
conferi'ed by said law have been duly complied with,
NOW THEREFORE. the Town Board of the Town of Southoltll Suf-
folk County, State of New York, by virtue of the authority in it by law
invested hereby ordains and enacts tl3e following ordinance.
SECTION' l~This ordinance shall be known an
.B. uilding Zone Ordinance of the m ...... z .... d may be cited as "The
~ork." ~..,~,. u~ ~outuaa, Suffolk County, hrew
II--GARAGE-FU:~LiC__A building mcluding any writing, letter, figure.
other than a private garage, used for . symbol or mark painted upon or
housing or care of gasoline or other corporated in the exterior surface of a
vehicles are equipped for operation, re-
paired or kept for remuneration, hire
12--I-IOTEL-~A building occupied as
the more or less ~mporary abiding
witil or without meals and in which
there are moro than ten (10) rooms
usually occupied singly and no pro-
div. idual apartment.
building or structure.
20--STORY -- That portion of a
building included between thc surface
of any Eoor and the surface of the
floor next above it or if there be no
floor above it, then the space between
it and the ceiling next above it.
21--$TORY-HALF--A story under a
gable, hip or gambrel roof, tile Wall
plates of which, on at least two (2)
opposite exterior walls, are not more
than two (2) feet above the finished
floor of such story.
22--STRUCTURE __ Anything con-
structed or erected, the use of which
abIe to this Ordinance shall refer to the storage of old wood, paper, cloth
thc land exclusive of street areas, or metal, including old automobiles,
3 -- BOARDING AND TOURIST 'trucks, equipment, machinery, fixtures
HOUSES--A building other than a and appliances not USable as originally
hotel where lodging, with or without
meals, for five or more persons is
4--BUILDING -- A structure having
separated by a party wall without
openings, it shall be ~leemod a separate
building.
designed; and also including any por-
tions of such old automobile trucks,
be sold as and for Junk or salvage.
13--LOT--Land occupied or to be oc-
cupied by a building and its accessory
buildings togetl]cr with such open
requires a more or less permanent lo-
cation on the soil, or attached to some-
thing having a permanent location on
the soil.
23--STRUCTUF~AL ALTERATIONS--
Any change In the supporting members
of a building, such as bearing walls,
columns, beams or girders,
23A--TOUt%IST COTTAGES -- A
detached building having less than
~l~ree hundred fifty (350) square feet
of cross section area, designed for or
5--BUILDING AREA -- The aggre- dinance and having its principal front- occupied as living and sleeping quarters
gate of thc maximum horizontal cross age upon a pu.blic street or officially for seasonal occupancy.
section area of tile buildings on a lot,' approved place.
exchlding cornices, eaves, gutters or 14--LOT-CORNER _ A lot situated piece or parcel of ground where two
cinmncys projecting not more than at tile Junction of two (2) or more
elghtecn (18) inches, steps, one (1) ~treets.
story open porches, bay w~lndows, not 15--LOT-INTERiOR __ A lot other
extending througll more than one (1) than a corner lot.
stm'y and not projecting more ~han 16--LOT-~ROUGH ~ An interior
of a mansard roof, and to tb~ mean piers, wharves, docks, bulkheads, build-
height level between eaves a~d ridges legs, slips, bmsins or land under wa~er
VIDED that chhnneys, spires, towers, primarily for the docking, mooring or
clew~tor penthouses, tan~ and similar accommodation of boats for compen-
the average elevation of the ground of which, or each pair of which has
surrounding tho building, a sopara~ entrance leading directly
7--DWELLING--ONE FAMILy -- A
detached building designed for or cc-
· cupied exclusively by one (1) family.
from the outside of the building, with
garzge or parking space conveniently
located to each unit, and which is
defigned, USed or intended to be used
p~marily for thc aCcommodation of
n~tor vehicle trenstents.
that does nnt eouform with the regu-
lations of the use district in which it
Is situated.
kild of billboard, sign board, device
23B--TOURIST CAMP -- Any lot,
may be located, said camp being oper-
ated for or without compensation.
24--YARD -- An open space on the
same lot With a building, unoccupied
and unobstructed from the ground up-
ward except as otherwise provided
25--FRONT YARD -- The required
line of any street on which the lot
abuts.
26--REAR YARD--The required open
(not a street line) throughout the
whole wSdth of the lot.
27--SIDE YARD--The required open
space extending along the side lot lines
from the front yard to the rear yard.
281--SIZE OF LOT-AREA--The area
ured inside all of its boundaries.
ARTICLE II
D~stricts
Section 200--USE DISTRICT
REGULATIONS--
FOr the purpose of this Ordinance,
the Tow,n of Southold, outside of the
Incorporated Villages, is hereby divided
into seven (7) classes of district~ which
shall be designated as follo~vs:
"A" RESIDENTIAL AND AGt%i-
CULTURAL DISTRICTS
"M" ~ULTIPLE RESIDENCE
DISTRICTS
"M-i" MULTIPLE RESIDENCE
DISq[q%ICTS
"B" BUSINESS DISTRICTS
-i BUSINESS DISTRICTS
"C" INDUSTRIAL. DISTRICTS
SECTION 201 -- The boundaries of
said districls are hereby established
to be part of tills Ordinance, as if thc
ii) Marinas for the dockinff,
to the dwelling.
District
SECTION 300--In the 'A" Reslden-
tim and Agricultural District, no build-
vlded that tile lot shall have
twenty-five thousand (2§,000)
occupational rooms arc located In 'a
dwelling in which the practitioner re-
sides and in a building accessory there-
to, and P~OVIDED further, no goods
are publicly displayed on thc prcnllscs
only) of the practitioner.
, 8--The sale at retail of farm, garden
on the premises. One (I) advertising
not less than the required fron~ yard
distance and no~ less ~han ten (10)
than ten (I0) feet fram each aide line.
The lower edge si ~e sign aha~ bo
thirty-five (35) feet has been estab-
lished, no buildings, hereafter erected
hundred (100) feet and of an ~rea les~
than twelve thousand five hundred
(12,500) test, a single family (/welling
may be bulit thereon with side yards
rcduce~l fifty (30) percent and may be
f~rther reduced when authorized as a
special exception by the Board of
Appeals as hereinafter provided.
exception by tl~e Board of Appeals as
hereinafter provided.)
4--Tourist camps, when authorized
as a special exception by the Board o:
Appeals as hereinafter provided.
5--Marinas for the docking, mooring
ccptlon by the Board of Appeal~ as
hereinafter provided.
w~th and customarily incidental to any
permitted use and not involving thc
conduct of a separate business.
an average height of eighteen (18) feet. hundred (12,500) square feet and a
The yard are~ allowed by such ac- . frontage of less than one hundred
cesso.y buildings shall be included in GOO) feet.
computing the percentage of lot area
to be built upon and PROVIDED
further that no building of any kind
or nature shall be built within tl~ree
(3) feet of any lot line.
vehicle unit.
SECTION 354- iW~ONT YARD-
In the "M" Multiple Residence District,
the required front yard shall be not
less than thirty (30) feet.
SECTION 355--Where the property
in the vicinity is partly built up w~th
permanent buildings and an average
setback line has been established, no
building hereinafter erected or altered
simli project beyond the line of tho
average setback so established.
SECTION 356- in the case of a
corner lot of record at the time of the
adoption of this Ordinance, a front
yard shall be required. Where an aver-
age setback line has been established
on each street, the yard depth shaTl
be established on a line with said
average setback lines projected to a
point of intersection. If no average
setback lines have been established, the
required front yard shah not be less
than thirty-five (35) feet from each
street line unless decreased as a special
exception by the Board of Appeals as
hereinafter provided.
SECTION 357--SIDE YARDS- In
the "M" Multiple Residence District,
there shall be two (2) side yards, one
(1) on each side of the buildings, the
total aggregate of both side yards shall
be twenty-five (25) feet and no one
(1) side ym'd shall be less than ten
(10) feet.
l--Ali permitted uses in "A" Rssi- SEC~ON 359 -- OFF-STREET
mum provision for off-street parking
~hall be made as follows:
(a) Dwellings ~ One (1) parking
space for each family unit,
(b) Hotels, boarding and tourist
houses- One (1) parking space for
each. two (2) guest rOOms,
(c) Motels and Tourist Cottages --
One (1) parking space for each guest
room or dwelling unit.
SECTION 360--SIGNS--In the "M"
Multiple Residence District the follow-
ing signs are permitted.
1--Signs permitted in an "A" Resi-
dential and Agricultural District.
2--On premises used for hotel, motel,
boarding and tourist house purposes,
unless otherwise provided as a special
exception by the Board of Appeals as
hereinafter provided, one (I) advertis-
ing si&m, either single or double faced,
not exceeding fifty (50) square feet in
area, the lower edge of which shall be
not less than four (4) feet above tbs
ground, and the upper edge of which
shaI1 not exceed more than thirty-five
(35) feet above the ground. Such sign
shall advertise only the business con-
ducted on the premises, and shall be set
back not less than five (5) feet from
ali street and property lines.
ARTICLE IV
4--Exprcs~ carting or hauling officee
dwelling, there shall be a rear yard
llaving a minimum depth of fifteen
SECTION 409--"B" SIZE OF LOT
AREA--In the "B" Bushless District,
on a lot having an area of less than
seventy-five hundred (7,500) square
feet and a frontage of less than fifty
D/strict, no building shall be hereafter
erected, or altered or added to in ex-
unless a minimum provision for off-
stree~ parking sh~l be made as follows:
(a) ~ospitals -- One (1) parking
th) Theatres and Restaurants--One
(1) parking space for every seven (7)
(c) Dwellings ~ One (1) parking
for every ~wo (2) rooms.
(e) All places of public assembly
such as auditorimns, churches and for
shriller uses -- One (1) parking space
for each seven (7) permanent seats or
(12) feet six (0) inches in width, the an area equivalent to seven (7) perm-
lower edge of w,bich shall be not less anent seats,
than three (3) feet above the ground (f) All structures where offices or
and tbe upper edge of which shall not
extend more than fifteen (15) feet
six (6) inches above tile ground, which
sign shall be set back not less than
five (5) feet frmn all street and prop-
erty lines and shall advcrtisc only the
business conducted on the premises.
lb) WALL SIGi~'S--One (1) sign at-
building wail on a public street and
advertising only the business condffct.
ed In such building, provided such sign
does not:
I- Exceed two (2) square feet in
total area for each horizontal foot of
such wall. and.
g -- Exceed in w,idth one hundred
(I00) percent of the horizontal maas-
3--Exceed ten (10) feet In height, and
4--Exceed fifteen (15) feet six (6)
inches from ground level to tbe Upper
edge of sign, and
5--Project more than one (1) foot
(c) ROOF SIGNS--In lieu of ~ wall
sign aUthor/zed by th~ preceding sub-
division (b), a roof sign shall be
permitted provided the same is at-
first floor, nn additional space shall be
provided for each office or for each
dwelling unit.
(g) All other business buildings
(2,500) square feet -- One (1) parking
space for each tw~ hundred (200)
square feet of building area or frac-
tion thereof in excess of two thousand
five hundred (2,500) square feet.
The formula for providing an adc-
hundred thirty-four (334) square feet
per requh'ed motor vehicle uni~.
ARTICLE IV A
SECTION 420--In the "B-i" Busi-
ness District, no building or premises
s]mll be used and no building shall be
otherwise provided ill this Ordinance
except for one (I) or more of the
L Ali Permitted uses In the "A" Resi-
dential and Agricultural, "IvP, Multipie
ing to exceed seventy (70) percent of tached to or incorporated in a roof,
which sign shall advertise only the
SECTioN 404--"B,, FRONT YARD~ business conducted in the
in Ihe "B" Business District, the re- Upon which it is attached, and pro-
quircd front yard shall be at least vlded that such sign does not:
twenty~five (25) feet.
SECTION 405--Wi]ere property in
the vicinity is partly built up with
PormaI~ent buildings and an average
setback line bas been established, no
buildings ixerealter erected or altered
shall proJec~ beyond the line of the
average setback so established.
SECTION' 406~"B" ~AR YAR~
In $ho "B" ~usiness District, If a b~ld-
lng is used in whole or In par~ ~ a
1--Exceed two (2) square feet in.
total area for each lineal foot of such
roof, and
Residence, "IV[-l" Multtple Residence
aud "B-2" Business Districts,
2. The following Uses when author-
ized as a special exception by tile
SECTION 421--Aii premises in t.e
"23-i' Business District shall comply
wi~h the provisions of ~krticle IV with
respect ~o building height, building
arcs, fron~ yard, re~' yard, density ~f
Il. I~ake shops (for on-premises
iisbmen[s.
13, Tailors', dry cleaners, and mil-
boats, including the sale of fuel and
comnlodated in such marina.
SECTION 441~A11 premises in the
respect lo building height, building
~ECTION 442--Notwithstanding any
elhcr ~rovisions of this article, ~ build-
of the loc area si~alI be landscap~ With
3. Thc requh, ed front y~rds shall be
no~ less tban twenty-five (25) feet
age thereof.
3--Acid manufactm, e.
A---Ammonia, bleaching powder or
chlorine manufacture. 5--Arsenal
6--Asphalt manufacture.
7--Blast furnace.
8--Cement, lime, gypsum or plaster
13--Explosives, manufacture or stor-
15--Fertilizer manufacture.
17~G~rbage, offal or dead animals,
reduction or dumping.
IS--Glue, size or gelatin manufacture.
age.
]9A--Automobile wrecking and ali
other Junk yards.
20--Oilclo~h or linoleum m~nufacture.
21--Oiled, rubber or leather manu-
al-Ore reduction.
23--Paint, oil, shellac, turpentine or
Varnish manufacture.
24--Paper and pulp manufacture.
25--Petroleum refining.
2O--POiash works.
28--I~ubber or gutta pemha manu-
facture.
29--Salt works.
30--Sauerkraut manufacture.
31--Shoe blacking or stove polish
manufacture.
32--Smelting.
33--Soap manufacture.
34---Stockyards or slaughter houses,
35---Stone mill or quarry.
~--~tructural steel or pipe Worlr~.
-[--Sulphuric, nitric or hydrochloric
acid manulacture.
3~-Sugar refining.
39--Tar distillation or manufacture.
40---Tar ro~fing or waterproofing
manufacture.
41--Tallow, grease or lard manu-
facture.
42--Tanning.' curing or storage of
rawhides or skins.
43--Tobacco (chewing) manufacture
45--Yeast plant.
house, camp-cottage, house-car, or
trailer, to be used or occupied as a
written request from the owner or oc-
Cupant, the Building Inspector shall
any exis£ing law£ul use and occupancy
SECTION 704--AlI permit fees and
be established by the Town Boa~l.
SECTION 705--For each application
hereinafter provided, there shall be a
fee of five dollars ($5.00) accompany.
ina the application or appeal.
SECTION ?0G--All permits shall ex-
Dire in one il) year of issuance thereof,
the renewal fee to bo one half
the original f~e.
S~CTION 707- l*or each proposed
the Zoning Map as provided by Section
902 or Article IX or this Ordinance,
and he is hereby given the power and SECTION 8)lA--The Board of Ap-
SECTION 701--The Building Inspec-
tor shall require that the application
panying plot plan shall contain ali the
to ascertain whether the proposed
building or addition complies with all
appropriate c~nditions and safeguards,
detern~ine ar~ vary tile application of
the regulation! herein established in
and intent as ~ollows:
B. VARIANUE POVCERS. (MAT-
the provisions of this Ordinance, shall hove the Dower to vary or modify
SECTION 703--No building sh~ll be the application of such regulations so
erected or added to until a permit that the spirit of the Ordinance shall
therefor has been issued by the Build- bo observed, public safety and welfare
6VZATTEi%S OP ORIGINAL JURIS-
DICTION AND BY APPLICATION
TO TfIE BOARD OP APPEALS).
il) Whenever a use, or tile location
of Appeals shall approve thereof, the
(3) That the safety, the health, the
adversely affected by tl~e proposed usc
and its location; and
(4) That the use will be in harmony
~zith and promote the general purposes
and intent of this Ordinance.
the Board of Appeals shall also give
(I) The character of the existing
ti~e district and the peculiar suitability
of such district for the location of any
rno~t appropriate uses of land;
(3) The effect that the location of thc
tragic congestion on public streets or
highways;
(4) Tl~e avalllabllity of adequate and
proper public or private facilities for
(wheihcr liquid, solid, gaseous or other-
wise) that may be caused or created
by or as a result of the usc;
(5) Whether the use, or nmterials
incidental thereto, or produced there-
(6I Whether the use wlll cause dis-
turbing emissions of elecLrlcal dis-
charges, dust. light, vibration or noise;
(7) Whether the operations in pur-
meat by the public of parking or of
recreational facilities, if existing, or if
proposed by the Tow~ or by other
(8) To thc necessity for bitumluou~
reasonably adequate and appropriate
and can be furnished by thc owner
er adjacent to the plot wherein the
use shall be had;
or property because of fire, flood,
ease and after notice and public hear-
by the structures to be used therefor,
its location within thc district in which ' or by the lnaccessib ty of the prop-
this ordinance specil~.s the permlss ve er~y or structures thcrenn for the con-
use may be located, subject, however to
the follow~ng:
fa) Before such approval shell be
given, the Board of Appeals shall de-
termine:-
(1) Ti]at the use %~,,11 not prevent
the orderly and reasonable uso of ad-
Jacent properties or of properties in
adjacent use districts; ,
(2) That the use w;ll not prevent
the orderly and reason~Ic use of per-
mitred or legally esta~ished uses in
the district wherein the proposed use is
to be located or of permitted or legally
esiobllshed uses in adjlcent uso dis-
~lcts;
venient entry and operation of fire and
other emergency apparatus or by tho
undue concentration or assemblage of
(10) Whether the usc, or the st'rue-
turps ~o bc used therefor, will cause
an overcrowdinff of land or undue con-
ccntration of population;
(11) Whether the plot area is suf-
ficient, appropriate and adequate for
(12) Whether the use to be operated
other place of public assembly.
so affected with their recommends.
tions.
SECTION 902--In case, however, o2
by tile owuers or twenty (20) percent
SECTION 100I -- Notwithstanding
. any other provisions of this Ordi-
nance, all alltmnoblle or otimr junk
date of this Ordinance shall within
suitable screening in tile form of fene-
hedges shall be subject to the approval
of tile ~oard of Appeals.
SECTION i002 -- Nothwithstanding
ally sign in existence at the effective
date of this Ordinance which docs not
conform to the provisions of this Ordi-
nance, shall within five (5) years from
such date be discontinued unless Its
exception by thc Board of Appeals as
hereinbefore provided.
SECTION 1003--~e Planning Board
shall study the application of this Or-
dinance and shall, /rom time to thnc,
cimngcs in the Ordinance and in tile
ic shall deem advisable to further pro-
mote the health, safety, morals or the
general welfare of the community.
SECTION i003A- All labor camps
lng and fee(ling of transient help re-
merits of existing law. Farm labor
of Appeals. The location of any other
ina Board of Appeals,
SECTION 1004--In any district, no
Public Garage for more than three (3i
,~ta~im~ shall be erected or altered and
uacd within two hundred (200) feet of
public library, church, hospital or
orphanage.
SECTION 1005--PUELIO PAt%KING
PLACES -- No public parking place
si~all be conducted in any district ex-
cept as a special exception by the
~oard of Appeals.
SECTION 1006--No wall, fence, or
at any point within twenty (20) feet
fr~u~ the intersection of the street
traffic pn a street by obscuring the
SECTION 1007 -- NON-CONFORM.
iNG USES -- Unless otherwise au-
~oard of Appeals as hereinbefore pro-
vided, the following provisions shall
in Violation of this Ordinance, or of
'~ly regulations nlade Purauant thereto,
addition to other remedies provided
to restrain, correct or aba~e such viola-
SECTION 1012--PENAL%'IES __ For
the general agent, architect, builder,
shall be guilty of an o~ense. Each
stltuto a aepara~e a~dl~ional violation.
SECTION 1013 -- EXCEPTIONS AS
TO CEI%TAIN SU~i]D I ViS 101Y LOTS.--
(a) Ali o£ thc lots on a cergain map
(3) Sub-division Map of Founders
Eatatcs, dated Marci~ 18, 1927, and
(5) ~ap of Sou~hwood, i'v~al> file No,
(17) Point Pleasan~Matti~uck, ~. y.
(19) Shore Acres, Mattltuck, ~. y.
fcc~ for each family or dwelling uni~,
BUILDING ZONE ORDINANCE
· ~ TOWN OF SOUTHOLD
SUFFOLK COUNTY
NEW YORK
MA~/ 24, '~966
25c
,- BUILDING ZONE ORDINANCE '"
h lc/ ""
'f Town O,t Sour o
Suffo!k County, New York "
An ordinance classifying, regulating and restricting tbe hclgbt, number
of s~or~es, size of buildings and o~her structures, the percentage of lot tha~
may be occupied, the size of yards and o[ber open spaces, the density of
population, the location and use of bui din ' .
~.~dp, st~y,, residence a~d other ~ur-o~e~ ~,_~.t.~C~ur~s and land for trade,
. It Y o and aaect only such part of th~ · ..... ,3~ such. r~gulatmns
~ -~,*,, outsme the limits of any
incorporated village), establishing thc boundaries of districts for said pur-
poses so as to promo.te the heakb, safer mo~ and general ~velfare of the
most ~}erati
Town of Sonthold w~eb reasonable cons among Other things to the
desirable use ~or which the land of each district may be adapted, the ·
peculiar sukabili~y for particular usc of a distrlce, fl~e COnservXtion of prop.
ert~ values and the direction o~ build,nfl dcvelopmcn~ ~n accordance with a
well considered plan and also to eseabHsh penalties ~oz violation of fi~ese
regulations as prescribed by the tatu,es.
TABLE O~ CONTENTS ",
Short Title
ARTICLE I
ARTICLE'II
ARTICLE III
ARTICLE IliA.
ARTICLE IIIB
ARTICLE IV ·
ARTICLE IVA
ARTICLE IVB
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
Dcflnltlons ........... Section
Districts .......................... ICg)
'A" Resklentlal and Agricultural .... 200
District ....... 300
"M" Multiple Residence D[strlct ..... · '
-' 350
"Mi" /Vlultiple kcs donee District ' ", .......
"B" Business District , ..... 370
Bllsiness District ....... '"'\ ....... 400
"B-2" B~slness District ....... ' .... ' i:: .... ,120
"C" Industrial District ..... 440
Tourist Camps Camp Cottages and Traile
~pplicatlons and Permits rs ...... 600
ooard of Appeals . . . ' .................... 700
Amendments ....................... $00
G 1 P i 'i'o' ............................... 900
cnera roy s ns .......................... 10O0
WHEREAS, ail the matters and tilings required to be done by the Town
Law of the State of New York in order that the Town Board of the Town of
Southold, Suffolk County, State of New York, may avail itself of the powers
conferi'ed by said law have been duly complied vdth.
NOW THEREFORE. the Town Board of the Town of Somhokll Su£-
fo/k County, State o£ New York, by virtue of the aurhor'ty in it by law '
invested hereby ordains and enacts tl~e following ordinance.'
SECTION l~Thls ordinance shall be known and may be cited as "The
Building Zone Ordinance of the Town of Southdd, Suffolk County, New
York."
II--GA~AGE-PUBLiO--A building including any writing, letter, figure,
other than a private garage, used for .symbol or mark painted upon or in-
housing or care of gasoline or other corporated in the exterior surface of a
place of individuals who are lodging
with or without lncal$ and in ~'tlich
usually occupied singly and no pro-
plates of which, on at least two (2)
than two (2) feet above tl~e finished
cuplcd by a building and its accessory detached building havmg less than
buildings together v:ith such open three hundred fifty (350) square feet
dinance and having its principal front- occupied as living and sleeping quarters
14--LOT-COl%NEll ~ A Io~ situated piece or parcel of ground where two
lags, slips, basins or l~nd under waIcr open space extcndln~ a~ong thc strcc~
designed, used or intended to be %lscd linc of ~ny strec~ on which the lot
thc height. For building se~ back from dP'cctly or indirectly.
designed for or o¢cupiecl exclusively by
two (2) families.'
a separate entrance leading directly
from the outside of the building, with
garage or parking space conveniently
located to each unit, and which is
dcdgned, used or intended to be used
prhnarily for tile ,-%ccomnlodation of
ltl--NON-CONFOI%MING I38I]I -- A
b~lildb]g or ~premlscs occupied by a use
that does n~t conform with tile regu-
lations of tile use ~listrict in which it
Is altuatcd.
]9--SETBACIf--The mininlum horl-
lot line (front, Mdc, or rear, as the
projection thereof, excluding steps,
pmjectim-' more than five (5) feet.
[PA--SIGN--A sign includcs every
klld of billboard, sign board,
(not a street linc) throughout the
27--SIDE YARD--The required open
from the front yard to the reef yard,
2~SIZE OF LOT-AREA--The area
of a lot shall be the total area meas-
ured inside all of its boundaries,
Section 200--USE DISTRICT
SECTION 251 ~ The boundaries of
said districts are hereby es~abtishcd
m~ M~own upon tile ~uHding Zone ~iaps
to bc pa~'t el ~hls Ordinance, as If tho
n~ap were ell fully described herein.
SECTION 202~NO building shall bo
purpose pern~lttcd in tile zone la which
such building or premises is located,
District
sEcTIoN 30~In the "A' Res~den-
~i~l and Agricultural D~strlcL no build-
4~A~rlcultural ~armz, Poultry farma,
square feet, and a frontage of
not less %hen ~wo hundred
(200) feet.
7- Uses customarily incid~nta'l to
on the p~;cmisos or o£ anin~als raised
on the premises. One (I) advcr~lsin~
sign, either shigle or double f~cd,
larger than four (4) ~eet by
distance and not less than ten (I0)
twenty-five thouzand (gS,000) Tho lower edge of the zign shag bo
not tess than three (3) feet above the
thirty-fir0 (35) fcct has been esteb-
hshed.
lot held in single and separate owner-
ship at the e,ffective date of this
hundreci (I00) feet and oi an area
thnn twelve thousand five hundred
(12,500) feet, a single family dwelling
may be built thereon with side yards
reduced fifty (50) percent and may be
L~rtber reduced when authorized ~ a
~peci~ exception by ;i~c Board
Ap~als as hereinafter provided.
exception by the Board of Appeals 0.5
hereinafter providcfi.)
as a special exccption by tile Board of
Appeals as hereinafter provldcd.
5--Marinas for the docking, mooring
ccption by the Board of Appeals as
an average height of eighteen (I8) feet. hundred (12,500) square feet and a
cc~ory buildings shall be included in (100) feet.
computing the percentage of lot area
to be built upon and PROVIDED
further that no building of any kind
Yehlcle unit,
In thc "~f" Multiple Igcsidcncc District,
the required front yard shall be not
less than thirty (30) feet.
in the vicinity is p~rtly built up xvlth
corner lot of record ~t the time of the
yard ~haI1 be required. %Vherc an aver-
age setback llne has been established
on each street, the yard depth shaTl
be established on a line with said
required front yard shall not be less
th~n thirty-five (55) feet from each
hereinafter provided.
the "AT" Multiple Residellce District,
there shall be two (2) side yards, one
(1) on each side of the buildings, the
be twenty-five (25) feet and no one
(I) side yard shall be less than ten
(10) feet.
the "M' ~r~ultiple ~csidence District
there shall be a rear yard having a
minimum depth of twenty-five (25)
feet.
~vfultiple Residence District. no build-
ing shall be hereafter erected or altered
mum provision for off-street parking
shall be made ~s follows:
fa) Dwellings -- One (1) parkhng
space for each family unit.
(b) Hotels, boarding and tourist
houses- One (1) parking space for
each. two (2) guest rooms.
(c) A{otcis and Tourist Cottages --
One (1) parking space for each guest
SECTION 360--SIG~NS--In the "M"
Multiple Residence District the follow-
exception by the Board of Appeals ~s
hereinafter provided, one (1) advertis-
bp~ck not less than five (5) feet from
all street and property lines.
cupied by not more than four
¢15) feet. PI~.OVIDED further that. ]n
the case such building is over forw (40)
feet high, the depth of the rear yard
shall be Increased five (5) feet for
each ~cn (10) fcc~ or fraction thereof
SECTION 409--"B" SIZE OF LOT
AREA--Ia the "B" ~Jusincss P s rict
no building shall be erected or altered
feet and a frontage of less titan fifty
(a) Hospitals -- One (1) parking
SECT/ON 405~Where property In
tile vicinity is partly built up with
setback line has been established, no
buildings hereafter erected or altered
shall project beyond the line of the
averaF, e setback so established.
1--Exceed two (2) square feet In.
total area for each lineal foot of such
roof, and
vlded:
a. Places of anluscinent.
b. Public garages.
e. Fishing stations.
3. Acce.~scry uses cn the s,~m~ Dt
w;th and customarily incidental to any
....... ted uses and not lnvolvinF, a
buildings shall project beyond tiac linc
of the average setback so established.
8. ~anks and financlml institutions. ' manufacture from coal, coke, petroleum
Tall'ors', dry cleaners' and mil-
G--Asphalt raanufacture.
7--I~last furnace.
12--Dwellings, ali types.
age.
20--Oilcloth or linoleum n~anufacture.
22--Orc reduction.
23--Paint, oil, shellac, turpentine or
25--Petroleum rcflning.
27--~olling mill.
29--Salt works.
31--shoe blacking or stove polish
mnnufact~lre.
32--Smelting.
34---Stockyards or slaughter houses.
35--Stone rAili or'quarry.
acid manulaeture.
/,O--Tar roofing or waterproofing
41--Tallow, grease or lard manu-
facture.
feet.
thirty (30) feet, provided further that
line by a railroad right-of-way, ti~crc
shall be a setback along the entire
or private right-of-way of at lea.st
trlct, no building shall be erected or
dustrial District, no budding .shall be
hereafter erected or altered or added
to in excess of fifty (50) percent or its
(b) Ail places of public asscmbly--
One (1) parking, space for each seven
QUIRED--NO tourist camp shall be
any district, nor shall any tent, tent-
¥ided by said organizations respec-
SECTION 700--It shall be the duty shall appoint n Board of Appeals con-
and he is hereby given tile power and SECTION 8)IA--The P-card of Ap-
building or addition complies witil all these regulatio.~s, thc Board of Appeals
the provisions of tills Ordinance. shall have the power to Vary or modify
SECTION' 703--No builc ~g shall be tile applipalio?, of such regula oas so
(4) That the use will be in harmony
with and promote the general purposes
and intent of this Ordinance.
(b) Ill making such determination,
the Board of Appeals shall also give
(3) The effect tha~ the locatlono£ the
proper public or private facilities for
proposed by ti~e Towa~ or by other
isstled by the :Building Inspector. Such
Certificate shall indicate that such
confo:'mily with the provisions of this
ordinance. (b) Under such rules and
regulations as may be established by
the Board of Appeals, a temporary
by the Building lnspec~or. (c) Upon
(a) ]Before such a]:proval shall be
given, the Board · Appeals shall de-
tm'mine:--
(i) Ti:at the use ~511 not prevent
adjacent use districts; ,
(2) Ti~at the use w;li no~ prevcn~
the orderly and reason~le use of per-
mitred or legally esta~ished uses In
the district wherein the proposed use Is
(10) Wi]ether the usc, or the si~uc*
turps to be u,%ed therefor, will cause
(Ii) Whether the plot area la suf-
notice and hearing and subject to ap-
SECTION 900- The Town Board
n~on it~ own motion or by petition
~oard of Appeals.
(c) Whenever a districg shall here-
(,~)12Ae nou-confornllng~ build g which .... '
:i'~sW,i~I7 comn,l~s, takes ~ar~ or
,, ~, cch damaged by fire or ot~er ~nyS~2~ild~;'?Js~;~
o[ s/ich build/ag is changed to a con- ·
law.
(3) S '
BUILDING
ZONE ORDINANCE
TOWN OF .SOUTHOLD
SUFFOLK COUNTY
NF:W YORK
£
/
MAX/ 24, 1966
25c
BUILDING ZONE ORD]NANCE
, Town Of Southold '
Suffo!k County, New York
An ordinance classifying, regulating and restricting ~the height, number
of stories, size of buildings aud other structures, the
may be occupied the s ze of ....... percentage of lot that
population, tile iocatIoll and use ~,...~:__ . pen spaces, tile densit of
industry residence and of .... ,~mgs, structures and land for t~Yade,
shall al~ply to and affect o?~er P. urposes, (provided tlat such re ul '
· omy SUCh part of the town out~;,~ ,u ,. .g a?ons
incorporated village), establlsbing the boundaries of districts for said pur-
poses so as to promote the health, safety, morals and general welfare of tile
Town of Soutbold xvith reasonable consideration, among other tilings to the
most desirable use for which the laud of each district may be adapted, the .
peculiar suitability for particular use of a district, the
erty values and tile direction of building development conserva'tlon of prop-
in accordance with a
well considered plan aud also to establish penalties for violation o£ these
regulations as prescribed b.v the statutes.
Short Title
ARTICLE I
ARTICLE'II
ARTICLE III
ARTICLE IIIA
ARTICLE IIIB
ARTICLE IV ·
ARTICLE
ARTICLE
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE ~X
ARTICLE X
TABLE OF CONTENTS
Dcflultions ..... Section
Districts .... "~ ............................. 100
"A" Residential and Agr~cultural District
"bi" Multiple Residence District ........ 300
"M i" biultlple ',es~dence District ,' ....... 350
...... ~ .... 370
"B" Business District ........ , ....
"B-I" Business District ............. "
"B-2" Business D strict ............ ' ..... .~ ...... 420
"C" Industrial District ........ ' ........... 440
Tourist Camps, Camp Cottages and Trailers .... . 600
Applications and Permits .................. ' .. '
Board of Appea s ........................... ~ 700
Amendments .......... ..
General Provisions ....... · ........
WHEREAS, all tile matters and things required to be done by the Town
Law of the State of New York in order that the Town Board of the Town of
Soutbold, Suffolk County, State of New York, may avail itself of the powers
conferred by said law have been duly complied witb.
NOW THEREFORE, the Town Board of the Town of Southoldl Suf-
folk County, State of New York, by virtue of the authority in it by law '
invested hereby ordains and enacts tl3e followlug ordiuance.'
SECTION 1--Tbls ordlnaucc shall be known and may be cited as "The
Building Zone Ordinance of the Town of Southold, Suffolk County, New
York."
AILTICLE I
sEcTION 100---Definitions--For the
purpose of this Ordinance, certain
terl~l$ and words are: herewith, defined
as follows:
ii--OAiR, AGE-PUBLIO--A building including any writing, letter, figure,
other than a private garage, used for . symbol or mark painted upon or in-
housing or care of gasoline or other corporated in the exterior surface of a
power driven vehicles, or where such build~ng or structure.
vehicles are equipped for opera,ion, re- 20~STO~Y ~ Tha~ por~lon of a
singular, the word "building" includes
thc word "structure", the word "lot,"
includes the word "plot" and the word
buildmg, subordinate to the main build-
customarily incident~,l to those of the
the moro or less ~cmporary abiding
place of individuals who are lodging
with or ~vRhout meals and in which
usually occupied singly and no pro-
vision made for cooking in ~ny in-
dividual apartment,
{2A -- AUTOMOBILE \VRECIfING
the storage of old wood, paper, cloth
3 -- BOAI~DING AND TOURIST . trucks, equipment, machinery, fixtures
}IOUSES--A building other than a and appliances not usable as originally
hotel where lodging, witl% or without designed; and also including ~ny per-
meals, for five or more persons is tions of such old automobile trucks,
4--BUILDING -- A structure having be sold as and for Junk or salvage.
a roof supported by walls and when 13--LOT--Land occupied or to be cc-
floor above it, then the space between
it and the ceiling next above it.
21--STORY-HALF--A story under a
gable, hip or gambrel root. the wall
plates of which, on at least two (2)
opposite exterior walls, are not more
than two (2) feet above the finished
floor of such story.
22--$TI~UCTUP~B -- Anything con-
thing having a permanent location on
thc soil.
23--STI~UCTUrtAL ALTERATIONS--
Ally change in the supporting members
of a building, such ~s bearing walls,
separated by a party wall withoug cupicd by a building and its accessory detached building having less than
openings, it shall be deemed a separate buildings together with such open ' three hundred fifty (350) square feet
building, spaces as are required under this Or- of cross section area, designed for or
5--BUILDING AREA -- The aggre- dinance and lmving its principal front- occupied as living and sleeping quarters
gate of thc maximum l%orizontal cross age upon a public street or officially for seasonal occupancy.
section area of the buildings on a lot,' approved place. 23B--TOURIST CAMP -- Any lot,
excluding cornices, eaves, gutters or 14--LOT-COI~NER -- A lot situated
story and not projecting more t,han 16--LOT-TIIROUGH -- An interior
ings, slips, basins or land under
designed, used or intended to be used
prbnarily for the ~locking, mooring or
the strcct line and where no curb ax- I'/B---MOTEL---A building containing
ists, thc height may be measured fron% guest rooms or dwelling units each
thc average elevation of the ground of wblch, or each pair of which has
designed for or occupied exclusively by
two (2~ families.
from the outside of the building, with
dc;igncd, used or intcndcd to be used
may be located, said camp being oper-
ated for or without compensation.
same lot with a building, unoccupied
line of any street on wi~ich ti~e lot
space extending along thc rear lot line
(not a street line) throughout the
whole width of the lot.
27--SIDE YARD--The required open
space extending along the side lot lines
from ti~e front yard to the rear yard.
2~--SIZE OF LOT-AREA--Ti~e area
Districts
Section 20a--USE DISTRICT
REGULATIONS--
"B" BUSINESS DISTRICTS
thousand
~han ten (I0) feet Irom each side line.
The lower edge of the sign shall be
IifCoon (15) ~eet, six (6) inches ~bovo
hundred (I00) feet and of an ~ea le~
exception by tile B0ar~ of Appeals as
hereinafter provided.)
4--Tourist carnps, when authorized
as a special exception by the Board of
Appeals as hereinafter provided.
5--Marinas for the docking, mooring
ccption by the Board of Appeals as
hereinafter provided.
with and customarily incidental to any
permitted use and not involving thc
conduct of a separate business.
an average height of eighteen (18) feet. hundred (12,500) square feet and a
Thc yard area allowed by such ac- . frontage of less than one hundred
cessory buildings shall be included in (100) feet.
computing the percentage of lot area
to be built upon and PROVIDED
further that no building of any kind
or nature sh~ll be built within tlzree
(3~ feet of any lot line.
and silnilir~r publi~ gg~ilering places
vehicle unit,
there shill be two (2) side yards, one
(I) on each side of thc buildings, the
mum provision for off-street parking
(al Dwellings -- One (1) parking
space for each family unit,
(b) Hotels, boarding and tourist
houses- One (1) parking space for
tack two (2) guest rooms.
(c) Motels and Tourist Cottages --
One (1) parking space for each guest
room or dwelling unit.
SECTION 3G0--SIGNS--In the "M"
Multiple l%esidcnce District the follow-
ing signs are permitted.
dential and Agricultural District.
2--On premises used for hotel, motel,
hoarding and tourist house purposes,
unlcss otherwise ;rovidcd as a special
exception by the Board of Appeals as
hcrcingfter provided, one (1) advertis-
not exceeding fifty (50) square feet in
not less than four (4) feet above the
g."ound, and the upper edge of widch
shall nob exceed more th~n thirty-five
tBS) feet above the ground. Such sign
ducted on the premises, and shall be set
back not less than five (5) feet from
all street and property lines,
3--]3oarding and tourist houses,
permitted uses .mad not involving a
SECTION 3gl--All premises in the
"M-I" Multiple Residence District shall
comply with the provisions of Article
IIIA with respect to building height,
building area, size of lot area, front
yr~l, side yards, rear yard, off-street
ARTICLE IV
SECTION 400--In the "B" Business
District, no building or premises shall
be used, and no building shall be here-
wise provided ~n this Ordinance, except
for one (I) or more of the following
the ease ~uch buHding is over for~y (40)
SECTION 409--"B" SIZE OF LOT
AREA--In the 'B" Business District,
no building stroll be erected or altered
on a lot fraying an area of less tllan
~';eventy-five hundred (7,500) square
feet and a frontage of less than fifty
(50) feet.
(I2) feet six (0) inches in width, the an area equivalent to seven (7) perm-
five (5) feet from all street and prop-
erty lines and shall advertise only the
advertising only the business condffct-
ed In such building, provided such sign
does not:
1 ~ Exceed two (2) square feet In
total area for each horizontM foot of
such wall. and.
(IO0) percent of the horizontal meas-
urement of such Wall.
3--Excced ten (10) feet in height, and
4--Exceed fifteen (15) feet six (6)
inches from ground level to the upper
edge of sign, and
from such Wall.
sign authorized by the preceding sub-
d/vision (b), a roof sign shall be
permitted provided tile same is at-
first floor, an additional space shall be
(g) All other business buildings
five hundred (2,500) square feet.
The formula for providing an ade-
quate parking area is an area of three
hundred thirty-four (334) square feet
ness District, no building or prelnisca
shell be used and no building shall be
1, All Permitted uses In the "A" Resi-
dential and Agricultural, ",'vi," Multiple
ing to exceed seventy (70) percent of tached to or incorporated in a roof,
E .... which sign shall advertise only the
'~ ~ ~ualness Dis~r c~, the re- 9upon which it is attac~x'e bt}tieing
SECTION 405~Where propcrty in
the vicinity is partly built tip with
Permanent buildings and an average
sc/back line has been established, no
buildings i~ereafter erected or altered
shall project beyond the line of the
SECTION 400--"B" RJ~AR YARD--
In ~hc "B" Business District, if a build-
1--Exceed two (2) square feet in.
total area for each lineal foot of such
roof, and
2--Extend above the highest point
of the roof in the case of a pitched
roof, and in all other cases exceed
t~vo (2) feet six (6) inches in helgi~t
above the highest point of the ro~f,
and
~ P~ojec~ beyond the edge of the
roof,
Residence, "M-i" A{ul!iple Residence
and "B-g" Business Disa'icts.
2. Ti~e following uses when author-
izcd as a special exception by the
Board of Appeals as hereinafter pro-
Vided:
a. Places of amusement.
b. Public garages.
c. Gasoline service stations.
d. New and used ear lot~s.
e. Fishing stations.
with and customarily incidental :o any
SECTION 421--All premises in the
"~-i" ]~usiness District shall comply
with thc provisions of Axticle IV with
respect to building height, building
sack lille has been established, no
buildings shall project beyond the line
of the average setback so established.
4. The required side yards shall be
not less ti,an twenty-five (25) feet.
5. Ti~C rcquired rear yard shall bo
not less than twenty-iive (25) fcct.
6. Parking shall be provided in
off street paved pz~rking arcas whicll
37--Sulphuric, nitric or hydrochlori¢
30--Sugar refining.
39--Tar distillation or manufacture.
40--Tar roofing or waterproofing
n-,,~nu f acture.
facturc.
42--Tanning, curing or storage of
4~--Tobacco (chewing) m~,nufaeturo
building is used in whole or in part ~s
having a minhnura depth of fifty (50)
required front yard shall bo at least
thirty (30) feet, provided further that
shall be ~ setback along the entire
length of such railroad right-of-way
thirty (30) feet.
house, camp-cottage, house-cay, or
trailer, to be used or occupied as a
the provisions of this Ordinance. shall hove the power to Vary or modify
SECTION 703A--A permit WlII be
req~Hrcd prior to the erection of
add/lion to ali sigils except signs per-
n~iNed by Article III, Scction 300, para-
graphs 8, 9 and 10 of this Ordnance.
~e~al identification tags, serially
bercd shall be affixed by the Building
~'O T}IE }]OARD OF APPEALS).
(1) %Vhenever a Use, or the location
of Appeals shall aPProve thereof, the
(3) That the safety, the health, the
adversely affcc£c(1 by thc proposed use
(4) That the use wJlI be in harmony
and intent of this Ordinance,
the Board of Appeals shall also give
(i) The character of the existing
case and after notic~ and public hear-
rcason or as a resul~ of the use. or
, by the struc[urcs to be uscd lhercfor,
its location within tI~a d~a, ric~ In which or by the inacccsslbility of the prop-
the followJng:
(a) t~efore such approval shall be
given, the ;Board o. A~peaIs shall
termine:--
to be located or of peroittIed or legally
csiablishcd uses In adJ'tcent use dis-
tric~s;
(c) The Board ol Appeals shall, in
so affected with their recommenda-
tions.
SECTION co02--1n case, however, of
by tile owners oi twenty (20) percen[
cxtc~ming one hundred GOO) ice;
thereto, extending one hundred GOO)
SECTION 100I -- Not~¥ithsta, nding
. any other provisions of this Ordi-
nnnce, ali automobile or other junk
da;e of t, his Ordinance shall within
2,oard cf Appeals.
The lawful use of a buildin~ or
i ~i~,~l :such buzlaing~ or pi'em- vent ail3, illegal act, conduct, businesa
2~crccn£ of tile fair value of thc build-
(50) percent of its fair value shall ~ot
sl~all be guilty of an offense, Each
Week's continued violation shall con-
SECTION 1013 -- EXCEPTIONS AS
TO CERTAIN SUBDIVISION LOTS--
(3) Sub-division Map of Founders
Estates, dated March 18, 11)27, ltll~
Co'P y
BUILDING ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK COUNTY
NEW YORK
BUILDING ZONE ORDINANCE
Town Of Southold
Suffolk County, New York
An ordinance classifying, regulating and restricting the height, numb_~r
of stories, size of buildings and other structures, the percentage of lot that
may be occupied, the size of yards and other 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 of the town outside the limits of any
incorporated village), estabiishing the boundaries of districts for said pur-
poses so as to promote the health, safety, morals and general welfare of the
Town of Sonthold 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 conserva'tlon of prop-
erty values and the direction of building development in accordance xvith 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
ARTICLE
TABLE OF CONTENTS
I Definitions ............. Section
I1' Districts .. ' ....................... 100
III "A" Residential and Agricultural District ........ ,300
Ilia "M" Multiple Residence District ................ 350
IIIB "M 1" Multiple Residence District
IV .............. 370
business D str ct
IVA B-1 Business D~strict ....
IVB "B-2" Business District ............... 420
V ~nonstrml D~strlct ..........
C ...... ' ............ 440
VI Tourist Camps, Camp Cottages and Trailers ...... 600
VII Applications and Permits ...
VIII Board of Appeals ............. ' ............. 700
~IX Amendments .................. 800
X General p ................................... 900
rovisions ..............
............... I000
WHEREAS, all the matters and things required to be done by the To~vn
T_,aw of the State of New York in order that the Toxvn Board of the To~vn of
Southold, Suffolk County, State of New York, may avail itself of the powers
conferred by said law have been duly complied ;vlth.
NOW THEREFORE, the Town Board of the Town of Southold, Suf-
folk County, State of New York, bv virtue of the authority in it by law
invested hereby ordains and enacts t-he follo~ving ordinance.'
SECTION 1--This ordinance shall be known and may be cited as "The
Building Zone Ordinance of the Toxvn of Southold, Suffolk County, New
York."
ARTICLE I
SECTION 100--Definitions--For the
purpose of this Ordinance, certain
terms and words are, herewith, defined
as follows:
Words used in the present tense in-
elude the future, the singular number
includes the plural and the plural the
singular, the word "building" includes
the word -structure", the word "lot"
inchides the word "plot" and the word
"shall" is mandatory and not directory.
1 -- ACCESSORY BUILDING -- A
building, subordinate to the main build-
ina On a ici and used for purposes
customarily incidental to those of the
main building.
2~AN ACRE -- An acre as applic-
able to this Ordinance shall refer to
the land exclusive of street areas.
3 -- BOARDING AND TOURIST
HOUSES--A building other than a
hotel where lodging, with er without
meals, for five or more persons is
furnished for compensation.
4--BUILDING -- A structure having
a roof supported by walls and when
separated by a party wall without
openings, it shall be deemed a separate
building.
5--BUILDING AREA -- The aggre-
gate of the maximum horizontal cross
section area of the buildings on a lot,
exehiding cornices, eaves, gutters or
chimneys projecting not more than
eighteen (18) inches, steps, one (1)
story open porches, bay windows, not
extending through more than one (1)
story and not projecting more than
five (5) feet, balconies and terraces.
6--BUILDING HEIGHT -- The ver-
ticle distance measured from the curb
level to the highest point oI the roof
surface, if a flat roof, to the deck line
(ff a mansard roof, and to the mean
height level between eaves and ridges
for a gable, hip or gambrel roof PRO-
VIDED that chimneys, spires, towers,
elevator penthouses, tanks and similar
projections shall not be included in
the height. For building set back from
the street line and where no curb ex-
ists, the height may be measured from
the average elevation of the ground
surrounding the building.
~--DWELLING--ONE FAMILY -- A
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.
il_GARAGE-PUBLIC -- A building
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, r~-
paired or kept for remuneration, hire
12--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 (I0) rooms
usually occupied singly and no pro-
vision made for cooking in any in-
dividual apartment.
.... luding 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
of any floor and the surface of the
floor next above it or if there be no
floor above it, then the space between
it and the cehing next above it.
21--STORY-HALF--A story under a
gable, hip or gambrel roof, the wall
plates of which, on at least two (2)
opposite exterior walls, are not more
than two (2) feet above the finished
floor of such story.
22--STRUCTURE -- Anything con-
structed or erected, the use of which
requires a more or less permanent lo-
cation on the soil, cr attached to some-
thing having a permanent location on
the soil.
23--STRUCTURAL ALTERATIONS--
Any change in the supporting members
of a building, such as bearing walls,
columns, beams or girders.
23A--TOURIST COTTAGES -- 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.
23B--TOURIST CAMP -- Any lot,
piece or parcel of ground where tw~
or more tents, tent houses, camp cot-
tages, house cars or house trailers used
as living or sleeping quarters are or
may be located, said camp being oper-
ated for or without compensation.
24---YARD -- An open space on the
same lot with a building, unoccupied
and unobstnlcted from the grmmd up-
ward except as otherwise provided
herein.
25--1~tONT YARD -- The required
open space extending along the street
line of any street on which the lot
abuts.
26--REAR YARD--The required open
space extending along the rear lot line
(not a street line) throughout the
whole width of the lot.
27--SIDE YARD--The required open
space extending along the side lot lines
from the front yard to the rear yard.
28--SIZE OF LOT-AREA--The area
of a lot shall be the total area meas-
ured inside all of its boundaries.
ARTICLE 1I
Districts
Section 200--USE DISTRICT
REGULATIONS--
For the purpose of this Ordinance,
the Towns of Southold, outside of the
Incorporated Villages, is hereby divided
into seven (7) classes of districts which
shall be designated as follows:
"A" RESIDENTIAL A-ND AGRI-
CULTURAL DISTRICTS
'M" MULTIPLE RESIDENCE
DISTRICTS
DISTRICTS
"B" BUSINESS DISTRICTS
SECTION 201 -- The boundaries of
said districts are hereby established
as shown upon the Building Zone Maps
which accompany and which, w~th all
notations, references and other matter
shown thereon are, hereby, declared
to be part of this Ordinance, as if the
matters and things set forth by said
map were all fully described herein.
SECTION 202--NO building shall be
erected, altered or used, and no prem-
ises shall be used for any other than a
purpose permitted in the zone tn which
such building or premises is located.
between districts are, urfless otherwise
indicated, either street lines, railroad
rights-of-way or such lines extended
or lines parallel thereto or boundaries
of subdivisions. Where figures are
shown on the zoning maps between a
street and a district boundary line, they
indicate that the district boundary line
runs parallel to the street line at a
distance as so indicated. When the
location of a district boundary line
is not ortherwise determined, it shall
be determined by the scale of the map
measured from a given line. Where the
street layout, actually on the ground,
varies from the street layout ss shown
on the zoning maps. the designation
shovfn on the mapped streets shall
apply in such a way as to carry out
the real intent and purposes of this
Ordinance for the particular area in
question.
boundary line divides a lot in a single
ownership at the time of passage of
this Ordinance, the Board of Appeals,
as hereinafter provided, may permit
the less restricted use to extend to the
whole or any part of such lot.
ARTICLE III ·
"A" Residential and Agricultural
District
SECTION 300--In the "A" Residen-
tial and Agricultural District, no build-
ing or premises shall be used and no
building shall be hereafter erected or
altered unless otherwise provided in
this Ordinance, except for one (I) or
more of the following uses: ~
1--One (I) family dwellings.\
2--Churches, schools and libraries.
3--Non-commercial parks, play-
grounds, athletic fields, bathing beach-
es. bathhouses or boathouses.
4~Agricultural farms, pmdtr¥ farms,,
nurseries, greenhouses and truck gar=
dening (does not include farms for
the breeding or raising of ducks).'
5--The following uses when author-
ized as a special exception by the
Board of Appeals as hereinafter pro-
vided:
(a) The conversion of a~y build-
ing in existence at the effective
date hereof to a two family
dwelling.
(b) The ereclion or construction
of a two family dwelling pro-
vided that the lot shall have
an area of not less than
twenty-five thousand (25,000)
square feet and a frontage'of
not less than two hundred
(200) feet.
(c) Clubs, fraternity houses and
golf courses. ·
(d) Stables and riding academies.'
(e) Funeral homes and undertak-
ing establishments. '
(f) Railway passenger stations.'
(g) Public utility buildings, struc-
tures or facilities.
(h) Cemeteries and the necessary
incidental structures. '
(i) Marinas for the docking,
not more than six (6) non-
commercial boats.
6--Accessory buildings, including one
(1) private garage, when such accessory
buildings are located in the rear yard,
or a private garage within or attached
~o the dwelling.
7- Uses customarily incidental to
any of the above uses, when located
on the same lot and not involving
the conduct of a separate business.
This shall be understood to include
the professional office or studio of a
doctor, dentist,, teacher,, artist,' archi-
istrate or practitioner of a similar
character or rooms used for home
occupations including tiressmaking,~
millinery or similar handicrafts, PRO-
VIDED that the office, studio or
occupational rooms are located in a
dwelling in which the practitioner
sides and in a building accessory there-
to, and PROVIDED further, no goods
are publicly displayed on the premises
and no sign or advertisement is shoWn
other than a sign not larger than two
(2) square feet in total area, bearing
only the name and occupation (words
only) of the practitioner.
8--The sale at retail of farm, garden
or nursery products produced or grown
on the premises or of animals raised
on the premises. One (1) advertising
sign, either single or double faced, not
larger than four (4) feet by six (6)
feet in size, advertising the sale of
farm, garden or nursery products pro-
duced or grown on the premises or
of animals raised on the premises.
~ 9--One (1) real estate sign, either
single or double faced, not larger than
three (3) feet by four (4) feet in size
on any one (1) or more lots, advertising
the sale or lease of only the premises
on which it is maintained and set back
not less than the required front yard
distance and not less than ten (10)
feet from each side line.
When the advertising sign is for the
purpose of the sale or lease of acreage,
or the sale of lots in a subdivision,
one (1) real estate sign, either'single
or double faced, not exceeding twenty-
four (24) square 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 less than the front
yard restrictions required and not less
than ten (10) feet from each side line.
The lower edge of the sign shall be
not less than three (3) feet above the
ground and the upper edge of the
sign shall not extend more than
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 area
of not more than twelve (12) square
feet and the same restrictions shall
apply.
10~igns as provided in Section 408
of this Ordinance when authorized ~
a special exception by the Board of
Appeals as hereinafter provided.
the "A' Residential and Agricultural
District, no building, hereafter erected
or altered, shall exceed thirty-five (35)
feet or three (3) stories.
Except public or een~~public build-
ings may be erected to a height not
exceeding fifty (50) feet when set back
an additional six (6) inches on all
sides for each fo~t such buildings ex-
ceed the height of thirty-five (35) feet.
AREA--In the "A" Residential and
Agricultural District, the total building
area shall not exceed twenty-five (25)
percent of the total lot area.
SECTION 303~"A" SIZE OF LOT
AREA--In the "A" Residential and
Agricultural District, no building shall
be erected or altered on a lot having
an area of less than twelve thousand
five hundred (12,500) square feet and
a frontage of less than one hundred
(lOO) feet.
SECTION 304---"A" FRONT YARD--
In the "A" Residential and Agricul-
tural District, the required front yard
shall be at least thirty-five (35) feet
from the street Ilne.
SECT/ON 305--Where property in
the vicinity is partly built up with
permanent buildings and an average
setback line of more or less than
thirty-five (35) feet has been estab-
lished, no buildings, hereafter erected
or altered, shall projec~ beyond the
line of the average setback so estab-
lished.
SECTION 306---In case of ~ corner
lot of record at the time of the pas-
sage of this Ordinance, a front yard
shall be required; same to be on a line
with the average setback lines on both
streets produced to a point of inter-
section and if no average setback has
been established then a front yard,
thirty-five (35) feet deep, shal/ be re-
quired on each street front, or may be
decreased as a special exception by the
Board of Appeals as hereinafter
provided.
PROVIDED that, in case of a lot
held in single and separate ownership
at the effective date of this Ordinance,
having a total depth of less than one
hundred (100) feet, a single family
dwelling may be built thereon with a
rear yard of less than twenty-five (25)
feet, when authorized as a special ex-
ception by the Board of Appeals as
hereinafter provided and PROVIDED
further that in no case shall the rear
yard be less than fifteen (15) feet.
SECTION 300 -- "A" ACCESSORy
BUILDINGS--In the "A" Residential
and Agricultural District, accessory
buildings may occupy forty (40) Per-
cent of the required rear yard up to
an average height of eighteen (I8) feet.
The yard area allowed by such ac-
cessory buildings shall be included in
computing the percentage of lot area
to be built upon and PROVIDED
further that no building of ady kind
or nature shall be built within three
(3) feet of any lot line.
SECT/ON 310 -- OFF-STREET
PARKING AREA--In "A" Residen-
tial and 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 of this Ordinance, unless not
less than one (I) parking space for
each family unit therein shall be pro-
vided for. For all places of public as-
sembly including auditoriums, churches
and simlliar public gathering places
erected there shall be provided not
]ess than one (1) parking space for
each seven (7) permanent seats in
such buildings or for each part of the
total area within such building or
structure as is or may be made avail-
able for seven (7) permanent or
temporary seats. The formula for pro-
vidlng an adequate parking area is
an area of three hundred thirty-four
(334) square feet per required motor
vehicle unit.
"M" Multiple l~esidence District
SECTION 350~In the "M" Maltiple
R, esidence District, no building or prem-
ises shall be used, and no building shall
be hereafter erected or altered unless
otherwise provided in this ordinance
except for one (1) or more of the fol-
lowing uses:
1--All permitted uses in "A' Resi-
dential and Agricultural and "M-I"
Multiple Residence Districts. 2--Hotels and motels.
3~Tourist cottages. (More than one
(1) Tourist Cottage may be permitted
on a lot when authorized as a special
exception by the Board of Appeals as
hereinafter provided.)
a--Tourist camps, when authorized
ss a special exception by the Board of
Appeals as hereinafter provided.
5--Marinas for the decking, mooring
or accommodation of non-commercial
boats when authorized as a special ex-
ception by the Board of Appeals as
hereinafter provided.
6--Accessory uses of the same lot
with and customarily incidental to any
permitted use and not involving the
conduct of a separate business.
SECTION 351--HEIGHT -- In the
building hereinafter erected or altered
shall exceed thirty-five (35) feet or
three (g) stories in height.
SECTION 35g~UILDING AREA--
In the "M" Multiple Residence District,
the total building area shall not exceed
fifty (50) percent of the lot area.
SECTION 353 -- SIZE OF LOT
AREA--In the "M" N[ultiple Resi-
dence District, no Building shall be
erected or altered on a lot having an
area of less than twelve thousand five
hundred (12,500) square feet and a
frontage of less than one hundred
(100) feet.
SECTION 254- ~ONT YARD-
In the "M" Multiple Residence District,
the required front yard shall be not
less than thirty (30) feet.
SECTION 355--Where the property
in the vicinity is partly built up w/th
permanent buildings and an average
setback line has been established, no
building hereinafter erected or altered
shall project beyond the line of the
average setback so established.
SECTION 356- In the case of a
corner lot of record at the time of the
adoption of this ordinance, a front
yard shall be required. Where an aver-
age setback tine has been established
on each street, the yard depth shaTl
be established on a line with said
average setback lines projected to a
point of intersection. If no average
setback lines have been established, the
required front yard shall not be less
than thirty-five (35) feet from each
street line unless decreased as a special
exception by the Board of Appeals ss
hereinafter provided.
SECTION M57--SIDE YARDS- In
the "i',~" Multiple Residence District,
there shall be two (2) side yards, one
(1) on each side of the buildings, the
total aggregate of both side yards shall
be twenty-five' (25) feet and no one
(1) side yard shall be less than ten
(10) feet.
SECTION 358~EAR YARD -- In
the "M" NIultiple Residence District
there shall be a rear y~rd h~ving a
minimum depth of twenty-five (25)
feet.
SECTION 359 -- OFF- STREET
PARKING AREA -- In the "M"
Multiple Residence District, no .build-
ing shall be hereafter erected or altered
or added to in excess of fifty (50)
percent of its area prior to the adop-
tion of this Ordinance, unless a mini-
mum provision for off-street parking
shall be made as follows:
(a) Dwellings -- One (1) parking
space for each family unit.
(b) Hotels, boarding and tourist
houses- One (1) parking space for
each two (2) guest rooms.
(c) Motels and Tourist Cottages --
One (1) parking space for each guest
room or dwelling unit.
SECTION 36(~--SIGNS--ln the "M"
Multiple Residence District the follow-
ing signs are permitted.
dential and Agricultural District.
2--On premises used for hotel, rnotel,
boarding and tourist house purposes,
unless otherwise provided ss a special
exception by the Board of Appeals as
hereinafter provided, one (1) advertis-
ing Mgm, either single or double faced,
not exceeding fifty (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 of xvhich
shall not exceed more than thirty-five
(35) feet above the ground. Such sign
shall advertise only the business eon-
ducted on the premises, and shall be set
back not less than five (5) feet from
all street and property lines,
ARTICLE III B
"M-i" Multiple Residence District
SECTION 370--In the "M-I" Multiple
Residence District, no building cr
premises shall be used, and no build-
lng shall be hereafter erected or altered
unless otherwise provided in this Or-
dinanoe except for one (1) or more of
the following uses:
1--All permitted uses in "A" Resi-
dential and Agricultural Districts.
2--Dwellings designed for and oc-
cupied by not more than four (4)
families.
3--Boaxding and tourist houses.
4--Acsessory uses on the same lot
With and customarily incidental to any
permitted uses and not involving a
separate business.
SECTION 371--AI1 premises in the
"M-I" Multiple Residence District shall
comply with the provisions of Article
IIIA With respect to building height,
building area, size of Iot area, front
yard, side ygrds, rear yaxd, off-street
parking ~rea and signs.
ARTICLE IV
"B" Business District
SECTION 400~In the "B' Business
District, no building or premises shah
be used, and no building shall be here-
after erected or altered unless other-
wise provided in this Ordinance, except
for one (1) or more of the following
uses:
1--Ail permitted uses in the
Residential and Agricultural, "M"
Multiple Residence, "M-l" Multiple
Residence, "B-I' Business and "B-2"
Business Districts,
2--Storage houses.
5--Yards for storage and sale of fuel
and building materials.
7--Bookbinding plants.
8--Laundry, dry cleaning and dyeing
plants.
lng and milk bottling and distributing
plants.
1O~Carpenter shops.
1 I--Plumbing shops.
12--Blacksmith shops.
13--Electrlcian shops.
14---Upholsterer shops.
15--Tinsmith shops.
16--Painter shops.
mercial fuel docks and piers.
Ia--Ferry docks and ferry houses.
Ig--Boat yards, boat storage yards
~nd boat storage basins.
2~-Any manufacturing, fabricating,
treating, converting, finishing, altering
or assembling, in connection with the
aforesaid permitted uses and which
to the preparation of articles to be sold
performing of a service primarily for
residents of the neighborhood.
21--Accessory use on the same lot
with and customarily incidental to any
of the above permitted uses.
22--The stripping of land to secure
satisfactory top soil for grading or
other purposes is permitted, provided
material so obtained is used on the
immediate permises. If a building is
being constructed or altered material
excavated in connection ~qth such
construction or gr~ling on the premq
lses may be sold however. Cement
block manufacturing, and natural pro-
duction uses such a~ the excavation for
sale of sand, gravel, clay, shale or
other natural mineral deposit are per-
mitted only ~s a special exception by
the Board of Appeals.
SECTION 401--/~o building may be
erected, altered, or used, and no lot or
premises except for agriculture may be
used for any rrm:lc, industry or business
that has been adjudicated a public
nuisance by a court of record.
SECTION 402 "B" HEIGI-IT~In the
"B" Business District, no building
hereafter erected or altered shall ex-
ceed fifty (50) feet.
SECTION 403 -- "B" BUILDING
AREA--In the "B" Business District,
no building shall be erected or altered
or used in whole or in part as a dwell-
lng to exceed seventy (70) percent of
the lot area.
SECTION 404~"B', FRONT YA~D~
In the "B' Business District, the rea
quired front yard shall be at least
twenty-five (25) feet.
SECTION 405--Where property in
the vicinity is partly built up ~qth
permanent buildings and an average
setback line has been established, no
buildings hereafter erected or altered
shall project beyond the line of the
average setback so established.
lower edge of w~lch shall be not less
than three (3) feet above the ground
and the upper edge of which shall not
extend more than fifteen (15) feet
six (5) inches above the ground, which
sign shall be set back not less than
five (5) feet from aH street and prop-
erty lines and shall advertise only the
business conducted on the premises.
(b) WALL SIGNS--One (1) sign at-
tached to or incorporated in each
building wall on a public street and
advertising only the business condffct-
ed in such building, provided such sign
does not:
1- Exceed two (2) square feet in
total area for each horizontal foot of
such waH, and.
2 -- Exceed in width one hun~..d
(1~0) percent of the horizontal meas=
urement of such wall.
3~Exceed ten (10) feet in height, and
4--Exceed fifteen (15) feet six (6)
inches from ground level to the upper
edge of sign, and
5~ProJect more than one (1) foot
from such wall.
(c) ROOF SIGNS--In lieu of a wall
sign authorized by the preceding sub-
division (b), a roof sign shall be
permitted provided the same is
tached to or incorporated in a roof,
which sign shall advertise only the
business conducted in the building
upon which it is attached, and pro-
vided that such sign does not:
1--Exceed two (2) square feet in
total area for each lineal foot of such
2--Extend above the highest point
of the roof in the cue of a pitched
roof, and in all other eases exceed
two (2) feet six (6) inches in height
above the highest point of the roof,
3--Project beyond the edge of the
SECTION 409--"B" SIZE OF LOT
AREA--In the "B" Business District,
no building shall be erected or altered
on a lot having an area of less than
seventy-five hundred (7,500) square
feet and a frontage of less than fifty
(50) feet.
SECTION 410 -- OFF- STREET
PARKING AREA- In "B" Business
District, no building shall be hereafter
erected, or altered or added to in ex-
cess of fifty (50) percent of its area
prior to the adoption of this Ordinance,
street parking shall be made as follows:
(a) YIospitals -- One (1) parking
spsce for every four (4) beds.
ih) Theatres and Restaurants--One
(1) parking space for every seven (7)
(c) Dwellings -- One (1) parking
space for every dwelling unit.
(d) Hotels--One (1) parking space
for every two (2) rooms,
(e) All places of publiz assembly
similar uses -- One (1) parking space
an area equivalent to seven (7) perm-
(f) All structures where offices or
living quarters are provided over the
first floor, an additional space shall be
provided for each office or for each
dwelling unit.
(g) All other business buildings
cess of two thousand five hundred
(2,500) square feet -- One (1) parking
space for each two hundred (200)
square feet of building ~rea or frac-
tion thereof in excess of two thousand
five hundred (2,500) square feet.
The formula for providing an ode-
hundred thirty-four (334) square feet
per required motor vehicle unit.
ARTICLE IV A
"B-I" Business District
SECTION 420--In the "B-I" Busi-
nea~ District, no building or premises
shall be used and no building shall be
hereafter erected or altered unless
otherwise provided in this Ordinance
except for one (1) or more of the
following uses:
1. All permitted uses in the "A' Resi-
dential and Agricultural, "M" Multiple
Residence, "iV~-i,, Multiple Residence
and "B-2" Business Districts.
2. The following uses when author-
ized as a special exception by the
Board of Appeals as hereinafter pro-
vided:
a. Places of amusement.
b. Public garages.
d. New and used car lots.
e. Fishing stations.
w~th and customarily incidental to any
permitted uses a~d not involving a
separate business.
SECTION 421--AI1 premises in the
"B-I" Business District shall comply
with the provisions of Article IV with
respect to building height, building
~rea, front yard, rear yard, density of
population, signs, size of lot area snd
off-street parking area.
ARTICLE IV R
ness District, no building or premises
shall ~ us£d and no building shall be
o~herwise provided in this Ordinance,
except for one (1) or more of the
Residential and Agricuitaral, "IVY"
l~ultiple Residence and "M-i" Multiple
l~esidence Districts.
2. One (1) and two (2) family dwell-
ings provided that such dwellings com-
ply with the provisions of Sections 301
to 308, inclusive, of this Ordinance.
3. Multiple dwellings.
4. Hospitals.
5. Clinics.
7. Offices.
8. Banks and financial institutions.
9. Retail stores.
10. l~¢staurants.
11. Bake shops (for on-prer~Ses
sales).
12. Laundromats and similar estab-
liners' shops.
14. Shoe repair shops.
clock shops and similar establishments.
16. Marinas for the docking, mooring
boats, including the sale of fuel and
oil primsrily for the use of boats ac-
17. Lodges, chapter houses and clubs.
with and customarily incidental to any
permitted uses and lot involving a
SECTION 441--Ali premises in the
"B-2" Business District shall comply
with the provisions of Article IV with
respect to building height, building
population, signs, size of lot area and
ARTICLE V
"(Y' Industrial District
SECTION 500--In the "C" Industrial
Districts, all buildings and premises
may be used for any use except that
the following uses may be permitted
only as a special exception by the
Board of Appeals as hereinafter set
forth:
1--Abattoirs.
2--Acetylene gas manufacture or gas
manufacture from coal, coke, petroleum
or from any other product or the stor-
age thereof.
3---Acid manufacture.
4---Anunonia, bleaching powder or
chlorine manufacture. 5--Arsenal
~-Asphalt manufacture.
7--Bla st furnace.
~ement, lime, gypsum or plaster
of paris manufacture.
10--Crematorles.
Il--Distillation of bones.
12--Dwellings, all types.
14--Fat rendering.
17--Garbage, offal or dead animals,
reduction or dumping.
19A--Automobile wrecking and all
other Junk yards.
20--Oilcloth or linoleum manufacture.
21--Oiled, rubber or leather manu-
facture.
22--Ore reduction.
23--Paint, oil, shellac, turpentine or
varnish manufacture.
24~Paper and pulp manufacture.
25--Petroleum refining.
26~Potash works.
27--Rolling mill.
28--Rubber or gutta percha manu-
facture.
31--Shoe blacking or stove polish
33--$oap manufacture.
34---Stockyards or slaughter houses.
35--Stone mill or quarry.
3S--Structural steel or pipe works.
37--Sulphuric, nitric or hydrochlorie
33~Sugar refining.
29---Tac distillation or manufacture.
40---Tar roofing or waterproofing
42--Tanning, curing or storage of
43--Tobacco (chewing) manufacture
45~-Yeast plant.
a dwelling, there shall be a rear yard
having a minimum depth of fifty (50)
feet.
SECTION 502---SIGNS--The provi-
sions of Article IV, Section 408 of this
Ordinance shall apply to signs In a
"C" Industrial District.
SECTION 503--"C" I~RONT YARD---
In the "C" Industrial District, the
required front yard shall be at least
thirty (30) feet, provided further that
where property is .bounded on any side
by a railroad right-of-way or on a rear
line by a railroad right-of-way, there
shah be a setback along the entire
length of such railroad right-of-way
or private right-of-way of at least
tbArty (30) feet.
SECTION 504---"C" SIZE O1~ LOT
AREA--In the "C" Industrial Dis-
trict, no building shall be erected or
altered on a lot having an area of less
than twelve thousand five l{undred
(12,500) square feet and a frontage of
less than one hundred (100) feet.
SECTION 505 -- OFF- STRE~r
PARKING AREA--In the "C" In-
dustrial District, no building shall be
hereafter erected or altered or added
to in excess of fifty (50) percent of its
area prinr to the adoption of this Or-
dinance, unless a minimum provision
for off-street parking shall be made aa
follows:
ia) All buildings where the ground
floor area is two thousand five hundred
(2,500) square feet -- One (1) parking
space for each two hundred (200)
square feet of building area or fraction
thereof in excess of two thousand five
hundred (2,500) square feet.
lb) All places of public assembly--
One (1) parking space for each seven
(7) permanent seats or an area equiva-
lent to seven (7) permanent seats.
(c) All structures where offices are
provided over the first floor--an ad.
dltional parking space shall be pro-
vided for each office.
The formula for providing an ade-
quate parking area ts an area of three
hundred thirty-four (334) square feet
per required motor vehicle unit.
ARTICLE ¥I
and Trailers
QUIRED--NO tourisl camp shall be
established, maintained or operated in
any district, nor shall any tent, tent-
house, camp-cottage, house-car, or
trailer, to be used or occupied as a
place for living, sleeping or eating,
whether charge is or is not made, be
erected or placed therein, unless au-
thcrized by the Town Board pursuant
to the provisions of the Trailer Camp
Ordinance dated June 30, 1953.
SECTION 601 -- AUTOMOBILE
withstanding any other provisions of
this Ordinance, a single automobile
trailer cr house car may be located
outside a tourist camp only when au-
thorized by the Town Board, and sub-
ject to such conditions as may be pre-
scribed by the Town Board.
SECTION 60~Article VI shall not
be deemed to apply to the temporary
or seasonal camp of any unit of the
Boy Scouts of America or the girl
Scouts of America or other such or-
ganizations under the leadership pro-
vided by said organizations respec-
tively.
Applications and Permits
SECTION 709--It shall be the duty
of the Building Inspector, or such per-
son as designated by the Town Board,
and he is hereby given the power and
authority to enforce the provisions of
this Ordinance.
SECTION 701--The Building inspec-
fox shall require that the application
for a building permit and the accom-
panying plot plan shall contain all the
information necessary to enable him
to ascertain whether the proposed
building complies with the provisions
of this Ordinance.
SECTION 702~-No building permit
shall be issued until the Building In-
spector has certified that the proposed
building or addition complies with all
the provisions of this Ordinance.
SECTION 703--A permit will be re-
quired prior to the commencing of work
for the erection or additions to all resi-
dence, business and industrial build-
ings. Accessory buildings including all
types of farm buildings except migrant
camps do not require a permit provided
that all use, height and yard require-
ments have been complied with.
SECTION ~03A--A permit will be
required prior to the erection of or
addition to all signs except signs per-
mitred by Article iff, Section 300, para-
graphs 8, 9 and 10 of this Ordinance.
Metal identification tags, serially num-
bered shall be affixed by the Building
Inspector to all signs for which a per-
mit is required.
ficate of Occupancy shall have been
issued by the Building Inspector. Such
Certificate shall indicate that such
building or premises or part thereof
and the proposed use thereof are in
conformity with the provisions of tills
ordinance. (b) Under such rules and
regulations as may be established by
the Board of Appeals, a temporary
Certificate of Occupancy for a part of
any building or premises may be issued
by the Building Inspector. (c) Upon
w,ritten request from the owner or oc-
cupant, the Building Inspector shall
issue a Certificate of Occupancy for
any existing lawful use and occupancy
of a building or premises.
SECTION ~04--All permit fees and
fees for certificates of occupancy shall
be established by the Town Boaed.
SECTION ~05--For each application
or Appeal to the Board of Appeals as
hereinafter provided, there shali be a
fee of five dollars ($5.00) accompany-
ing the application or appeal
SECTION ~06--All permits shall ex-
pire in one (1) year of issuance thereof,
the renewal fee to be one half (%)
the original fee.
SECTION 707- For each proposed
change of the Ordinance or change of
the Zoning Map as provided by Section
902 of Article IX of this Ordinance,
there shall be a fee of twenty-five dol-
lars ($25.00) accompanying the petition.
ARTICLE VII1
Board of Appeals
SECTION 800 -- The Town Board
shall appoint a Board of Appeals con-
slating of five (5) members as provided
by the Tov~n Law.
SECTION 801A--The Board of Ap-
peals may, in a specilic case oiler pub-
lic notice and hearing, and subject to
appropriate conditions and saleguards,
determine and vary the application of
the regulations herein established in
harmony with their general purpose
and intent a~ follows:
B. VARIANCE POV~ERS. (MAT-
TERS OF APPEAL TO THE BOARD
OF APPEALS).
Where there are practical difficul-
ties or unnecessary hardships in the
way of carrying out the strict letter of
these regulations, the Board of Appeals
shah have the power to vary or modify
the application of such regulations so
that the spirit of the Ordinance shall
be observed, public safety and welfare
secured and substantial justice done.
C. SPECIAL POWERS AND RULES.
(MATTERS OP ORIGINAL JURIS-
DICTION /END BY APPLICATION
TO THE BOARD OF APPEALS).
(I) Whenever a use, or the location
thereof, is permitted only if the Board
of Appeals shall approve thereof, the
Board of Appeals may, in a specific
case /md after notice and public hear-
ing, authorize such permissive use and
its location within the district in wbAch
this ordinance specifies the permissive
use may be located, subject, however to
the following:
(a) Before such approval ~hall be
given, the Board of Appeals shall de-
termine :--
(1) That the use will not prevent
the orderly and reasonable use of ad-
Jacent properties or of properties in
adjacent use districts;
(2) That the use will not prevent
the orderly and reasonable use of per-
mitted or legally established uses in
the district wherein the proposed use is
to be located or of permitted or legally
established uses in adjacent use dis-
tricts;
(3) That the safety, the health, the
welfare, the comfort, the convenience
or the order of the Town will not be
~dversely affected by the proposed use
and its location; and
(4) That the use will be in harmony
with and promote the general purposes
and Intent of this Ordinance.
(b) In making such determination,
the Board of Appeals shall also give
consideration, among other things, to:-
(1) The character of the existing
and probable development of uses in
the district a~d the peculiar suitability
of such district for the location of any
of such pormissive uses;
(2) The conservation of property
values and the encouragement of the
most appropriate uses of land;
(3) The effect that the location of the
proposed use may have upon the crea-
tion of undue increase of vehicular
traffic congestion on public streets or
highways;
(4) The availiability of adequate
proper public or private facilities for
the treatment, removal or discharge
of sewage, refuse, or other effluent
(whether liquid, solid, gaseous or other-
wise) that may be caused or created
by or as a result of the use;
(5) Wh~ther the use, or materials
incidental thereto, or produced there-
by, may give off obnoxious gases, odors,
smoke or soot;
(6) Whether the use will cause dis-
turbing emissions of electrical dis-
charges, dust, light, vibration or noise;
(7) %Vhe~her the operations in pur-
suance of the use will cause undue
interference with the orderly enjoy-
ment by the pubiic of parking or of
recreational facilities, if existing, er if
proposed by the Town or by other
competent Governmental agency;
(8) To the necessity for bituminous
surfaced space for purposes 'of off-
street parking of vehicles incidental
to the use, and whether such space is
reasonably adequate and appropriate
and can be furnished by the owner
of the plot sought to be used witbAn
or adjacent to the plot wherein the
use sh~ll be had;
(9) Whether a hazard tv life, ,'imb
or property because of fire, flood,
erosion or panic may be created by
reason or as a result of the use, or
by the structures to be used therefor,
or by the inaccessibility of the prop-
er~y or structures thereon for the con-
venient entry and operation ol fire and
other emergency apparatus or by the
undue concentration or assemblage ot
persons upon such plot;
(10) Whether the use, or the struc-
tures to be used therefor, will cause
an overcrowding of land or undue con-
centration ot population;
(11) %Vhether the plot area is suf-
ficient, appropriate and adequate for
the use and the reasonably anticipated
operation and expansion thereof; ~nd
(12) Whether the use to be operated
is unreasonably near to a church,
school, theatre, recreational area or
other place of public assembly.
(c) The Board of Appeals shall, in
authorizing such permissive uses. im-
pose such conditions and safeguards as
it may deem appropriate, necessary or
desirable to preserve and protect the
spirit and objectives of this Ordinance.
(2)- When, in its Judgment, the
public convenience and welfare ~nd
Justice will be substantially served,
provided that the legalIy established or
permitted use of neighborhood property
~nd ~dJacent use districts will not be
substantially or permanentIy injured,
the Board of Appeals may, after public
notice and hearing and subject to ap-
propriate conditions and safeguards as
outlined, authorize the granting of a
permit.
(a) V/here a district boundary line
divides a lot which is proved to the
satisfaction of the Board of Appeals to
ership at the effective date of this Or-
dinance, and the total area of which
lot has not been diminished or increas-
e~ since such date, the less restricted
use may be adjusted to extend to the
whole or any part of such lot but not
more than fifty (50) feet beyond the
boundary line of the use district in
which said lot is located.
(b) If the less restricted use shall
be extended ten (10) feet or more
within a residential use district, a
permanent open space for a rear and
side yard of not less than ten (10)
feet shall be provided for and main-
tained w~thin the lot area as so ex-
tended. Also in such event, if the less
restricted use be extended more than
ten (10) feet, the said minimum rear
and side yards shall be increased by
one (1) foot for each additional ten
(10) feet 6f such extension.
SECTION 802 The Board of Appeals
shall make rules ~s lo the manner of
filing appeals or applications for spec-
isl exceptions or variances.
SECTION 803--Upon the filing with
the Board of Appeals of an appeal or
of an application for special exception
or variance, the Board of Appeals shall
fLx a time and place for a public hear-
ing thereon and shall give notice there-
of as follows:
(a) By publishing a notice thereof
in accordance with the Town Law.
ARTICLE IX
Amendments
SECTION 900- The Town Board
upon its own motion or by petition
may, from time to time, amend, sup~
plement, change, modify or repeal this
Ordinance including the Zoning Map,
by proceeding in the following manner:
SECTION 901 The Town Board by
Resolution adopted at a stated meeting
shall fix the time and place of a public
hearing on the proposed amendment
and cause notice thereof to be given
pursuant to the provisions of the Town
Law. The Town Board, before adver-
tising for a public hearing, shall in a
written request, instruct the Town
Planning Board to prepare an official
report defining the conditions described
in a petition and determine the area
so affected with their reccrnmenda-
tions.
SECTION 902--In case, how£ver, of
a protest against such change, signed
by the owners of twenty (20) percent
or more, either of the area of l~nd
included in such proposed change, or
of that immediately adjacent thereto,
extending one hundre(l (100) feet
therefrom, or of that directly opposite
thereto, extending one hundred (100)
feet from the street frontage of such
opposite land, such amendment shall
not become effective except by the
favorable vote of at least four (4)
members of the Town Board.
SECTION 903--At a public hearing
full opportunity to be heard shall be
given to any citizen and all parties in
interest.
ARTICLE X
General Provisions
SECTION 1000--In a FCesidential and
Agricultural District where a lot abuts
on a paxkway, the lot shall be con-
sidered to front and have a front yard
on the street and also on the parkway
and where the building accords w~th
this section, a private accessory garage
may be incorporated in the building or
attached thereto regardless of distance
from streets.
SECTION 1000A -- No lot shall be
soId, divided, or set off in such a man-
ner that either the portion sold, di-
vided, or set off, or the portion re-
maining shall have an area and/or
open spaces of Iess than that prescribed
by this ordinance for the district in
which said lot is located.
SECTION 1000B--No dwelling shall
hereafter be erected or altered in any
district unless provisions shall be made
therein for not less than eight hun-
dred and fifty t850) square feet of
space within the exterior of the
foundation walls at ground level ex-
clusive of a garage, carport, carpark,
open porch, or terraces, or other ex-
tensions outside the body of the house.
Provided, however, that fifty per cent
(50%) of the habitable area of the
second story may be used and applied
to the area requirements of the first
floor.
Notwithstanding anything herein-
above to the contrary the ~rea of the
second floor shall be included in com-
puting the area of the total habitable
area when the finished floor of the
second story has a clear headroom of
no~ less than seven and one-half (7%)
feet with knee walls of not less than
five (5) feet and when the second story
is serviced by a permanently placed
stairway.
The provisions of this section shall
not apply to dwellings located within
a tourist camp as defined in the South-
old Town Ordinance providing for the
regulations of Tourist camps, house
trailer camps, house trailers or similar
establishments when a permit for such
tourist camp has been issued by the
Town Board pursuant to the provisions
of said ordinance.
SECTION 1001 -- Notwithstanding
any other provisions of this Ordi-
nance, all automobile or other Junk
yards in existence at the effective
date of this Ordinance shall within
three (3) yesrs from such date provide
suitable screening in the form of fenc-
ing 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 1002 -- Nothwlthstanding
any other provisions of this Ordinance,
any sign in existence at the effective
date of this Ordinance which does not
conform to the provisions of this Ordi-
nance, shall within five (5) years from
such date be discontinued unless its
continuance is authorized as a special
exception by the Board of Appeals as
hereinbefore provided.
SECTION 1003--The Planning BOard
shah study the application of this Or-
dinance s_nd shall, from time to time,
recommeud to the Town Board such
changes in the Ordinance and in the
boundaries of the various districts as
it shall deem advisable to further pro-
mote the health, safety, morals or the
general welfare of the community.
SECTION 1003A -- All labor camps
where provision is made for the hous-
ing and feeding of transient help re-
gardless of the number ~o be accom-
modated, shall first meet all require-
ments of existing law. Farm labor
camps on faxms shaI1 not be located
nearer to any other residence than to
the residence of the employer except
as a special exception by the Board
of Appeals. Tiae location of any other
labor camp or camps not on farms shall
be subject to the approval of the Zon-
ing Board of Appeals.
SECTION 1004--In any district, no
Public Garage for more than three (3)
motor vehicles and no gasoline vending
station shall be erected or altered and
used within two hundred (200) feet of
any premises used for a public school,
public library, church, hospital or
orphanage.
SECTION 1005~PUBLIC PAI~KINO
PLACES- NO public parking place
shall be conducted hi any district ex-
cept as a special exception by the
Board of Appeals.
SECTION 1006~No wall, fence, or
other structure and no hedge, tree,
shrub or other growth shall be erected,
altered or maintained on any corner lot
at any point within twenty (20) feet
from the intersection of the street
lines, which may cause danger to
traffic on a street by obscuring the
view.
SECTION 1007 -- NON-CONFORM.
INO USES -- Unless otherwise
thorized as a special exception by the
Board of Appeals as hereinbefore pro-
vided, the following provisions shall
apply to non-conforming uses:
(a) The lawful use of a building ~r
premises existing on the effective date
of this Ordinance, or authorized by a
building permit issued prior thereto,
may be continued although such use
Joes not conform with th~ provisions
of this Ordinance and such use may
be extended throughout the building
lawfully acquired prior to said date.
(b) A non-conforming use of a build-
ing or premises may be changed to a
use of the same or higher classification
according to the provisions of this
Ordinance.
(c) Whenever a district shall here-
after 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 of a
similar or higher classification, pro-
vided all other regulations governing
the new use are complied with.
(d) Whenever a non-conforming use
of a building or premises has been dis-
continued 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 the con-
trary notwithstanding, the non-con-
forming use of such building or prem-
ises shall no longer be permitted unless
Health 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
and regulations, the provisions of this
Ordinance shall control.
SECTION 1011 -- REMEDIES -- In
case 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
a~y regulations made pursuant thereto,
in addition to other remedies provided
by law, any appropriate action or pro-
ceeding whether by legal proc?ss or
otherwise, may be instituted, or taken
to prevent such ~mlawful erection, con-
struction, reconstruction, alteration,
repair, conversion, maintenance or use,
to restrain, correct or abate such viola-
tion, to prevent the occupancy of said
building, structure or land or to pre-
vent any illegal act, conduct, business
or use in or about such premises.
a variance therefor shall have been
granted by the Board of Appeals ~s~' SECTION 1012--PENALTIES -- For
hereinbefore provided, any and every violation of thc provi-
(e) A non-conforming building may
not be reconstructed or structurally
altered during its life to an extent ex-
ceeding in aggregate cost fifty (50)
percent of the fair value of the build-
ing, 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 shall not
be repaired or rebuilt unless the use
of such building is changed to a con-
forming use.
SECTION 1008 -- TIDAL LAiNvDs --
When the tidal lands are not shown as
zoned on the Zoning Map, they sh~ll
be considered to lie within the "A"
P~esidential and Agricultural District
but no structure erected therein shall
be erected upon such lands owa~ed by
the Town of Southold except upon the
approval of the Board of ToWn
Trustees.
SECTION 1009~VALIDITY--Should
any section or provision of this Or-
dinance be declared by a court of com-
petent jurisdiction to be invalid, such
decisions shall not effect the validity
of the Ordinance as a whole or any
other part thereof.
SECTION t 016--gNTE~PRETATION,
pUI~POSE AND COlqqPLICT -- In
interpreting and applying the pro-
visions of this Ordinance, they shall
be held to be the minimum require-
ments for the promotion of the health,
safety, morals or the general welfare
of the ToWn. It is not intended by this
Ordinance to interfere with or abrogate
or annul any Town Building Code, or
any rules and regulations adopted or
issued thereunder, or the rules and
regulations of the Department of
sions of this ordinance, the owner, the
general agent, or contractor of a build-
ing or premises, v,,l~ere such violations
have been committed or shall exist, and
the general agent, architect, budder,
contractor or any other person ~ho
knowingly commits, t~kes part m' as-
sists in any such violation or who
maintains any buildings or premises
in which any such violations shall exist,
shall be guilty of an offense. Each
week's co~tinued violation shall con-
stitute a separate additional violation.
Such fines or penalties shall be collect-
ed as like fines are now collected by
law.
SECTION 1013 -- EXCEPTIONS AS
TO CERTAIN SUBDIVISlON LOTS-
(a) All of the lots on a certain map
entitled Map of Marion Manor, situ-
ated at East Marion, Tow~ of South-
old, Suffolk County, New York, fded
in Suffolk County Clerk's Office on
March 18, 1953, ss Map No. 2038, shall
be excepted from the provisions of
Section 303 herein; As to Lots num-
bered one (1) through five (5) on said
map, the sideyard requirements shall
be reduced to ten (10) feet on each
side; and as to lots numbered thirty-
three (33) through forty-seven (47)
on said map, the setback lines and
rear yard requirements shall each be
reduced to twenty (20) feet.
(b) All of the Lots on the following
described maps shall be excepted from
the provisions of Section 902 herein:
(1) Sub-division Map of Section 2,
Gardiner's Bay Estates, East Marion,
New York, Map by O. W. Van Tuyl,
dated July 21, I957;
(2) Map of Eeixedon Estates, Filed
March 16, 1947 as Map No. 1472.
.~) Su~-division Map of Founders
Estates, dated March 18, 1927, and
amendments thereto;
(4) Map of Sub-division known as
Kennewood, dated January 9, 1954, filed
as Map No. 2180;
(5) Map of Southwood, Map file No.
2141;
(6) Plan of Lots owned by George
H. Wells, Southold, N. Y., Map fde No.
859;
(7) Bayside Terrace, Eay View,
Southold, N. Y. File NO. 2034;
(8) West Creek Development, South-
old, N. Y. Map of April 20, 1937, File
No. 1236;
(9) Sub-division Map of Cedar Beach
Park situate at Bay View, Svuthold,
N. ¥. dated September 26, 1926, File
No. 90;
(10) Map of Goose Neck, Southcld,
N. Y. Map dated 1948, File No. 1663;
(11) Peconic Shores, Pecoinc, N. ¥.
Map of Jesse Wells, dated December
27, 1922, NO. 1 and No. 2;
(12) Nassau Farms, Peconic, N. Y.
Map by O. W. Van Tuyl, No. 1179;
(13) Alonzo Jersey, Peconic, N. Y.
Map of O. W. Van Tuyl, April 21, 1930,
File No. 763;
(14) Nassau Point Club Prvperties,
Section D, Map by O. W. Van Tuyl,
March 24, 1926; and Amended Map--
Section A No. 156;
(15) Captain Kidd Estates, 1Vfattituck,
N. Y., Map by O. W. Van Tuyl, Jan-
uary 21, 1947, No. 1672;
(16) Amended Map of Mattituck
Heights, Mattituck, N. ¥.
(17) Point Pleasant--Mattituck, N. Y.
Survey by Franklin F. Overton, April
8, 1916;
(18) Salt Lake Village, Mattituck,
N. Y., Afap by O. W. Van Tuyl, July
10, 1939;
(19) Shore Acres, Mattituck, N. Y.
File No. 41. ·
Co'P y
BUILDING ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK COUNTY
NEW YORK
BUILDING ZONE ORDINANCE
Town Of Southold
Suffolk County, New York
An ordinance classifying, regulating and restricting the height, number
of stories, size of buildings and other structures, the percentage of lot that
may be occupied, the size of yards and other open spaces, the density of
population, the location and use of buildings, strtictures and land for trade,
industry, residence and other purposes, (provided that such regulations
shall apply to and affect only such part of 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 Southold 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 conserva'tion 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 I
ARTICLE II
ARTICLE III
ARTICLE Ilia
ARTICLE IIIB
ARTICLE IV
ARTICLE IVA
ARTICLE IVB
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
TABLE OF CONTENTS
Definitions Section
Districts ..................................... 100
"A" Residential and Agr cultural District 300
"M" Multiple Residence District ........ 350
"M 1" Multiple Residence District
"B" Business District ........... ' ............. 370
"B-I" Business District ..... ' ............... 400
"B-2" Business District ..................... 420
.......................... 440
"C" Industrial District ..........................
Tourist Camps, Camp Cottages and Trailers ...... $00
Applications and Permits 600
Board of Appeals ..............
ARTICLE )iX Amendments ............... -...ijjijjjjiiiji 980~
ARTICLE X Genera Prov s OhS ......................... 11300
WHEREAS, all the matters and things required to be done by the Town
Law of the State of New York in order that the Town Board of the Town of
Southold, Suffolk County State of Ne~v York, may avail itse f of the powers
conferred by sa d law have been duly complied xvith.
NO'W THEREFORE, the Town Board of the Town of Sou¢hold, Suf-
folk County, State of New York, bv virtue of the authority in it bv law
invested herehy ordains and enacts t'he following ordinance.*
SECTION 1--This ordinance shall be known and may be cfted as "The
Building Zone Ordinance of the Town of Southold, Suffolk County, New
York."
ARTICLE !
SECTION 100--Definitions--For the
purpose of this Ordinance, certain
terms and words are, herewith, defined
as follows:
Words used in the present tense in-
clude the future, the singular number
includes the plural and the plural the
singular, the word ',building" includes
the word "structure", the word "lot"
includes the word "plot" and the wosd
"shall" is mandatory and not directory.
1 -- ACCESSORY BUILDING -- A
building, subordinate to the main build-
lng on a lot and used for purposes
customarily incidental to those of the
main building.
2--AN ACRE -- An acre as applic-
able to this Ordinance shall refer to
the land exclusive of street areas.
3 -- BOARDING AND TOURIST
ttOUSES---A building other than a
hotel where lodging, with or without
meals, for five or more persons is
furnished for compensation.
4--BUILDING -- A structure having
a roof supported by walls and when
separated by a party wall without
openings, it shall be deemed a separate
building.
5--BUILDING AREA -- The aggre-
gate of the maximum horizontal cross
section area of the buildings on a lot,
excluding cornices, eaves, gutters or
chimneys projecting net more than
eighteen (18) inches, steps, one (1)
story open porches, bay windows, not
extending through more than one
story and not projecting more than
five (5) feet, balconies and terraces.
6--BUILDING HEIGHT -- The ver-
ticle distance measured from the curb
level to the highest point of the roof
surface, if a flat roof, to the deck line
of a mansard roof, and to the mean
height level between eaves and ridges
for a gable, hip or gambrel roof PRO-
VIDED that chimneys, spires, towers,
elevator penthouses, tanks and similar
projections shall not be included in
the height. For building set back from
fhe street line and where no curb ex-
ists, the height may be measured from
the average elevation of the ground
surrounding the building.
~DWELLINO--ONE FAMILY -- A
detached building designed for or oc-
cupted exclusively by one (1) family.
~-DWELLING--TWO FAMILY -- A
detached or semi-detached building
designed for or occupied exclusively by
two (2) families.
owned and used by the owner or ten-
il--GARAGE-PUBLIC -- A building
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, re-
paired or kept for remuneration, hire
or sale.
12~OTEL--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 pro-
vision msxte for cooking in any in-
dividual apartment.
1aA -- AUTOMOBILE Wt~ECKING
AND ALL OTHER JUNK YARDS--
Land occupied or to be occupied for
the storage of old wood, paper, cloth
or metal, including old automobiles,
trucks, equipment, machinery, fixtures
and appliances not usable as originally
designed; and also including ar/y por-
tions of such old automobile trucks,
equipment or machinery as are or may
be sold as and for junk or salvage.
1S--LOT--Land cccupied or to be
cupied by a building and its accessory
buildings together with such open
spaces as are required under this Or-
dinance and hawing its principal front-
age upon a public street or officially
approved place.
14~LOT-CORNER -- A lot situated
at the junction of two (2) or more
streets.
15_--LOT-INTERIOR -- A lot other
than a corner lot.
16--LOT-TI-IROUGH -- An Interior
lot hawing frontage on two (2) streets.
17--LOT LINES--The lines brund-
lng a lot as defined herein.
I~A--MARINA OR BOAT BASIN--
Any premises containing one or more
piers, wharves, docks, bulkheads, build-
ings, slips, basins or land under wa~er
designed, used or intended to be used
primarily for the docking, mooring or
accommodation of boats for compen-
sation, whether compensation is paid
directly or indirectly.
17B~OTEL~A building containing
guest rooms or dwelling units each
of which, or each pair of which has
a separate entrance leading directly
from the outside of the building, with
garage or 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.
18--NON-CONFORMING USE -- A
building or premises occupied by a use
that does not conform with the regu-
lations of the use district in which it
is situated.
19--SETBACK--The minimum hori-
zontal distance between the street or
lot line (front, side, or rear, as the
case may be) of the building or any
projection thereof, excluding steps,
projecting more than five (5) feet.
19A--SIGN--A sign includes every
kind of billboard, sign board, device
or display, designed, arranged, used or
intended to be used to advertise, an-
nounce, direct or otherwise inform.
,**eluding any writing, letter/ flgm~e,
symbol or mark painted upon or
cosporated in the exterior surface of a
building or structure.
20~STORY -- That portion of
building included between the surface
of any floor and the surface of the
floor next above it or if there be no
floor above it, then the space between
it and the ceiling next above it.
21--STOYtY-HALP--A story under a
gable, hip or gambrel roof, the wail
plates of which, on at least two (2)
opposite exterior walls, are not more
than two (2) feet above the finished
floor of such story.
22--STRUCTURE -- Anything con-
structed or erected, the use of which
requires a more or less permanent lo-
cation on the soft, or attached to some-
thing having a permanent location on
the soil.
23--STRUCTURAL ALTERATIONS--
Any change in the supporting members
of a building, such as bearing walls,
columns, beams or girders.
23A--TOURIST COTTAGES -- A
detached building having less than
three hundred fifty (350) square feet
of cross section area, desig~xed for or
occupied as living and sleeping quarters
for seasonal occupancy.
2gI~--TOIJ~IST CAMqP -- Any lot,
piece or parcel of ground where tw~
or more tents, tent houses, camp cot-
rages, house cars or house trailers used
as living or sleeping quarters are or
may be located, said camp being oper-
ated for or without compensation.
24---YARD -- .~n open space on the
same lot with a building, unoccupied
and unobstructed from the ground up-
ward except as otherwise provided
herein.
25--FRONT YARD -- The required
open space extending along the street
line of any street on winch the lot
abuts.
2G--REAR yARD~The required open
space extending along the rear lot line
(not a street line) throughout the
whole width of the lot.
27--SIDE YARD--The required open
space extending along the side lot lines
from the front yard to the rear yard.
28--SIZE OF LOT-AREA The area
of a lot shall be the total area meas-
ured inside all of its boundaries.
ARTICLE I~
Districts
Section 200~USE DISTRICT
REGUI~TIONS~
For the purpose of this Ordinance,
the Tow~ of Southold, out~lde of the
Incorporated Villages, is hereby divided
into seven (7) classes of districts which
shall be designated as follows:
"A" RESIDENTIAL AND AGRI-
CULTURAL DISTRICTS
"M" MULTIPLE RESIDENCE
DISTRICTS
"M-I' MULTIPLE RESIDENCE
DISTRICTS
~'B" BUSINEss DISTRICTS
"B-I" BUSINESS DISTRICTS
"B-2" BUSINESS DISTRICTS
"C' INDUSTRIAL DISTRICTS
SECTION 201 -- The boundaries of
said districts are hereby established
as shown upon the Building Zone Maps
which accompany and which, with all
notations, references and other matter
shown thereon are, hereby, declared
to be part of this Ordinance, as if the
matters a~d things set forth by said
map were all fully described herein.
SECTION 202--No building shall be
erected, altered or used, and no prem-
ises shall be used for any other than a
purpose permitted in the zone in which
such building or premises Is located.
"A" Residentia! and Agr. icultural
District
SECTION 30~In the "A' Residen-
tiai and Agricultural District, no build-
ing or premises shall be used and no
building shall be hereafter erected or
altered unless otherwise provided in
this Ordinance, except for one (1) or
more of the following uses: ~
l--One (i) family dwellings.\
2--Churches, schools and libraries.
3--Non-commercial parks, play-
grounds, athletic fields, bathing beach-
8~The sale at retail of farm, garden
or nursery products produced or grown
on the premises or of animals raised
on the premises. One (1) advertising
sign, either single or double faced, not
larger than four (4) feet by six (g)
feet in size, advertising the sale of
farm, garden or nursery products pro-
duced or grow~ on the premises or
of animals raised on the premises.
'J~ 9--One (1) real estate sign, either
single or double faced, not larger than
three (3) feet by four (4) feet in size
on any one (1) or more lots, advertising
the sale or lease of only the premises
es, bathhouses or boathouses, on which it is maintained and set back
4~Agricultural farms, poultry farms,- not less than the required front yard
nurseries, greenhouses and truck gar~
dening (does not include farms for
the breeding or raising of ducks).-
5--The following uses when author-
ized as a special exception by the
Board of Appeals as hereinafter pro-
vided:
(a) The conversion of any build-
ing in existence at the effective
date hereof to a two family
dwelling.
(b) The erection or construction
of a tw~) family dwelling pro-
vided that the lot shall have
an area of not less than
twenty-five thousand (25,000)
square feet and a frontage'of
not less than two hundred
(200) feet.
(c) Clubs, fraternity houses and
golf courses. ·
(d) Stables and riding academies.'
(e) Funeral homes and undertak-
ing establishments. '
(f) Railway passenger stations.'
(g) Public utility buildings, struc-
tures or facilities.
(h) Cemeteries and the necessary
incidental structures. '
(i) Marinas for the docking,
mooring or accommodation of
not more than six (6) non-
commercial boats.
6--Accessory buildings, including one
(1) private garage, when such accessory
buildings are located in the rear yard,
or a private garage within or attached
to the dwelling.
-~ 7- Uses customarily incidental to
any of the above use~ when located
on the same lot and not involving
the conduct of a separate business.
This shall be understood to include
the professional office or studio of a
doctor, ~lentist,. teacher,, artist,' archi-
tect, engineer, musician, lawyer, mag-
istrate or practitioner of a similar
character or rooms used for home
occupations including dressmaking,-
millinery or similar handicrafts, PRO-
VIDED that the office, studio or
occupational rooms are located in a
dwelling in which the practitioner
sides and in a building accessory there-
to, and pROVIDED further, no goods
are publicly displayed on the premises
and no sign or advertisement is shown
other than a sign not larger than two
(2) square feet in total area, bearing
only the name and occupation (words
only) of the practitioner.
distance and not less than ten (10)
feet from each side line.
When the advertising sign is for the
purpose of the sale or lease of acreage,
or the sale of lots in a subdivision,
one (1) real estate sign, either'single
or double faced, not exceeding twenty-
four (24) square 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 less than the front
yard restrictions required and not lesS
than ten (10) feet from each side line.
The lower edge of the sign shall be
not less than three (3) feet above the
ground and the upper edge of the
sign shall not extend more than
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 area
of not more than twelve (12) square
feet and the same restrictions shall
apply.
10--Signs as provided in Section 408
of this Ordinance when authorized as
a special exception by the Board of
Appeals as hereinafter provided.
'SECTION 301--"A- HEIGHT _ In
the "A" Residential and Agricultural
District, no building, hereafter erected
or altered, shall exceed thirty-fire (35)
feet or three (3) stertes.
Except public or sen~i-public build-
ings may be erected to a height not
exceeding fifty (50) feet when set back
an additional six (6) inches on all
sides for each fo~t such buildings ex-
ceed the height of thirty-five (35) feet.
SECTION 302 -- "A" BUILDING
AREA--In the "A" Residential and
Agricultural District, the total building
area shall not exceed twenty-five (25)
percent of the total lot area.
SECTION 303~---A', SIZE OE LOT
AREA--In the "A' Residential and
PROVIDED that, in case of a lot
held in single and separate ow~ership
at the effective date of this Ordinance,
having a total depth of less than one
hundred (100) feet, a single family
dwelling may be built thereon with a
rear yard of less than twenty-five (25)
feet, when authorized as a special ex-
ception by the Board of Appeals as
hereinafter provided and PROVIDED
further that in no case shall the rear
yard be less than fifteen (15) feet.
SECTION 309 -- "A' ACCESSORy
BUILDINGS--In the "A" Residential
and Agricultural District, accessory
buildings may occupy forty (40) per-
cent of the required rear yard up to
an average height of eighteen (13) feet.
The yard area allowed by such ac-
Agricultural District, no building shall
cessory buildings shall be included in
be erected or altered on a lot having computing the percentage of lot area
an area of less than twelve thousand to be built upon and PROVIDED
five hundred (12 500) square feet and
a frontage of less than one hundre~
(100) feet.
SECTION 304---"A" I~RONT YARD--
In the "A" Residential and Agricul-
tural DLstrict, the required front yard
shall be at lea~t thirty-five (35) feet
from the street line.
SECTION 305~Where proper~y in
the vicinity is partly built up with
permanent buildings and an average
setback line of more or less than
thirty-five (35) feet has been estab-
lished, no buildings, hereafter erected
or altered, shall project beyond the
line of the average setback so estab-
lished.
SECTION 306~In case of a corner
lot of record at the time of the pas-
sage of this Ordinance, a front yard
shall be required; same to be on a line
Wlth the average setback lines on both
streets produced to a point of inter-
section and If no average setback has
been established then a front yard,
thirty-five (35) feet deep, shall be re-
quired on each street front, or may be
decreased as a special exception by the
Board of AppeaLs as hereinafter
provided.
SECTION 307--"A" SIDE YARDS---
In the "A" Residential and Agricul-
tural District, there shall be two (2)
side yards, one (1) on each side of
the buildings, the total aggregate of
both sides shall be twenty-five (25)
feet and no one (1) side yard shal~ be
less than ten (10) feet.
PROVIDED that, in the case of a
lot held In single and separate owner-
ship at the effective date of this
Ordinance, of a width less than one
hundred (100) feet and of an area less
than twelve thousand five hundred
(12,500) feet, a single family dwellin~
may be built thereon with side yards
reduced fifty (50) percent and may be
further reduced when authorized as a
spec/al exception by the Board of
Appeals as hereinafter provided.
SECTION 308--"A' REAR YARD--
In the "A' Residential and Agricul-
tural District, there shall be a rear
yard having a minimum depth of
twenty-five (25) feet.
further that no building of a~y kind
or nature shall be built within three
(3) feet of any lot line.
SEo'rION 310 -- Ol~P- STREET
PARKING AREA--In "A" Residen-
tial and 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 of this Ordinance, unless not
less than one (1) parking space for
each family unit therein shall be pro-
vided for. Eot all places of public as-
sembly including auditoriums, churches
and similiar public gathering places
erected there shall be provided not
less than one (1) parking ~pace for
each seven (7) permanent seats In
such buildings or for each part of the
total area within such building or
structure as is or maF be made avail-
able for seven (7) permanent or
temporary seats. The formula for pro-
viding a~ adequate parking area is
an area of tbxee hundred thirty-four
(334) square feet per required motor
vehicle unit.
ARTICLE III~A
"M" Multiple Residence District
SECTION gs0--In the "M" Multiple
Residence District, no building or prem-
ises shall be used, and no building shall
otherwise provided in this ordinance
except for one (1) or more of the foi-
l-All permitted uses in "A" Resi-
dential and Agricultural and "M-I"
Multiple Residence Districts.
2--Hotels and motels.
g--Tourist cottages. (More than one
(1) Tourist Cottage may be permitted
on a lot when authorized as a special
exception by the Board of Appeals ms
hereinafter provided.)
~-Tourist camps, when authorized
as a special exception by the Board of
Appeals as hereinafter provided.
5--Marinas for the docking, mooring
boats when authorized as a special ex-
ception by the Board of Appeals as
hereinafter provided.
with and customarily incidental to any
permitted use and not involving the
conduct of a separate business.
SECTION 351--I-IEIGttT -- In the
"M" Multiple Residence District, no
building hereinafter erected or altered
shall exceed thirty-five (35) feet or
three (3) stories in height.
SECTION 352--BUILDING AREA--
In the "M" Multiple Residence District,
the total building area shall not exceed
fifty (50) percent of the lot area.
SECTION 353 -- SIZE OF LOT
AREA--In the "M" Multiple Resi-
dence District, no ~uilding shall be
erected or altered on a lot having an
area of less than twelve thousand five
hundred (12,500) square feet and a
frontage of less than one hundred
(100) feet.
SECTION 354- FRONT yARD-
In the "M" Multiple Residence District,
the required front yard shall be not
less than thirty (30) feet.
SECTION g55--Where the property
in the vicinity is partly built up w~th
permanent buildings and an average
setback line has been established, no
building hereinafter erected or altered
shall project beyond the line of the
average setback so established.
SECTION 356- In the case of a
corner lot of record at the time of the
adoption of this ordinance, a front
yard shall be required. Where an aver-
age setback line has been established
on each street, the yard depth shaTl
be established on a line with said
point of intersection. If no average
setback lines have been established, the
required front yard shall not be less
than thirty-five (25) feet from each
exception by the Board of Appeals as
hereinafter provided.
SECTION 357--SIDE YARDS- In
the "M" l~¢ultiple Residence District,
there shall be two (2) side yards, one
(1) on each side of the buildings, the
total aggregate of both side yards shall
be twenty-five (25) feet and no one
(1) side yard shall be less than ten
(10) feet.
SECTION 358--REAR yARD -- In
the "M" Multiple Residence District
there shah be a rear yard having a
minimum depth of twenty-five (25)
feet,
SECTION 359 -- OFF - STREET
pARKING AREA -- In the "M"
Multiple Residence District, no .build-
ing shall be hereafter erected or altered
or added to in excess of fifty (50)
percent of its area prior to the adop-
tion of this Ordinance, unless a mini-
mum provision for off-street parking
shall be made as fallows:
(a) Dwellings -- One (1) parking
space for each family unit.
(b) Hotels, boarding and tourist
houses- One (1) parking space for
each two (2) guest rooms.
lc) Motels and Tourist Cottages --
One (1) parking space for each guest
room or dwelling unit.
SECTION 360~SIONS--In the "M"
Multiple Residence District the follow-
ing signs are permitted.
1--Signs permitted in an "A" Resi-
dential and Agricultural District.
2--On premises used for hotel, motel,
boarding and tourist house purposes,
unless otherwise provided as a special
exception by the Board of Appeals as
hereinafter provided, one (I) advertis-
ing siam, either single or double faced,
not exceeding fifty (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 of which
shall not exceed more than thirty-Eve
(35) feet above the ground. Such sign
shall advertise only the business con-
ducted on the premises, and shall be set
back not less than five (5) feet from
all street and property lines.
ARTICLE III B
"M-I" Multiple Residence District
SECTION 370--In the "M-I' Multiple
Residence District, no building or
premises shall be used, and no build-
ing shall be hereafter erected or altered
unless otherwise provided in this Or-
dinance except for one (1) or more of
the following uses:
I--AIl Permitted uses in "A' Resi-
dential and Agricultural Districts.
2--Dwellings designed for and oc-
cupied by not more than four (4)
families.
3--Boarding and tourist houses.
4--Accessory uses on the same lot
With and customarily incidental to any
permitted uses and not involving a
separate business.
SECTION 371--A11 premises in the
"M-I" Multiple Residence District shall
comply with the provisions of Article
IIIA with respect to building height,
building area, size of lot area, front
yard, side yards, rear yard, off-street
parking area and signs.
ARTICLE IV
SECTION 400--In the "B" Business
District. no building or premises shah
be used, and no building shah be here-
after erected or altered unless other-
wise provided in this Ordinance. except
for one (I) or more of the following
1--All permitted uses in the "A'
Residential and Agricultural, "M"
Multiple Residence, "M-i" Multiple
Residence, "B-I" Business and "B-2"
Business Districts.
2--Storage houses.
3--Ice manufacturers.
4--Express carting or hauling offices
or stations.
5--Yards for storage and sale of fueI
and building materials.
6--Printing plants.
7--Bookbinding plants.
8~Laundry, dry cIeaning and dyeing
plants.
9~Cresmery, butter and cheese mak-
ing and milk bottling and distributing
plants.
10~Carpenter shops.
Il--Plumbing shops.
12~Blacksmlth shops.
13--Electrician shops.
14--Upholsterer shops.
15---Tinsmith shops.
16--Painter shops.
17--Marinas, commercial docks, com-
mercial fuel docks and piers.
18--Ferry docks and ferry houses.
19--Boat yards, boat storage yards
and boat storage basins.
20~Any manufacturing, fabricating,
treating, converting, finishing, altering
or assembling, in connection with the
aforesaid Permitted uses and which
is a necessary incident and accessory
to the preparation of articles to be sold
primarily on the premises or to the
performing of a service primarily for
residents of the neighborhood.
21--Acoessory use on the same lot
with and customarily incidental to ~ny
of the above permitted uses.
22--The stripping of land to secure
satisfactory top soil for grading or
other purposes is permitted, provided
material so obtained is used on the
immediate permises. If a building is
being constructed or altered material
excavated in connection V~th such
construction or grading on the prem-
ises may be sold however. Cement
block manufacturing, and natural pro-
duction uses such as the excavation for
sale of sand, gravel, clay, shale or
other natural mineral deposit are per-
mitted only as a special exception by
the Board of Appeals.
SECTION 4gl--/go building may be
erected, altered, or used, and no lot or
premises except for agriculture may be
used for any trade, industry or business
that has been adjudicated a public
nuisance by a court of record.
SECTION 402--"B" HEIGHT~In the
"B" Business District, no building
hereafter erected or altered shall ex-
ceed fifty (50) feet.
SECTION 403 -- "B" BUILDING
AREA--In the "B" Business District,
no building shall be erected or altered
or used in whole or in part as a dwell-
lng to exceed seventy (70) percent of
the lot area.
SECTION 404~"B' FRONT YARD--
In the "B" Business District, the re-
quired front yard shah be at least
twenty-five (25) feet.
SECTION 405~Where property in
the vicinity is partly built up with
permanent buildings and an average
setback line h~s been established, no
buildings hereafter erected or altered
shall project beyond the line of the
average setback so established.
lo~er edge of w~ich shall be not less
than three (3) feet above the ground
and the upper edge of which shah not
extend more than fifteen (15) feet
six (0) inches above the ground, which
sign shall be set back not less than
five (5) feet from all street and prop-
erty lines and shall advertise only the
business conducted on the premises.
(b) WALL SIGNS~One (1) sign at-
tached to or incorporated in each
building wall on a public street and
advertising only the business condu'ct-
ed In such building, provided such sign
does not:
1- Exceed two (2) square feet in
total area for each horizontal foot of
such wall, and.
2 -- Exceed in w~dth one hun~,'ed
(100) percent of the horizontal meas-
urement of such wall.
3--Exceed ten (10) feet In height, and
4--Exceed fifteen (15) feet six (6)
Inches from ground level to the upper
edge of sign, and
5~Pro~ect more than one (1) foot
from such wall.
(c) ROOF SIGNS--In lieu of a wall
sign authorized by the preceding sub-
division (b), a reof sign shall be
permitted provided the same is at-
tached to or incorporated in a roof,
which sign shall advertise only the
business conducted in the building
upon which it is attached, and pro-
vided that such sign does not;
l~Exceed two (2) square feet in
total area for each lineal foot of such
roof, and
2--Extend above the highest point
of the roof in the case of a pitched
roof, and tn all other cases exceed
two (2) feet six (6) inches In height
above the highest point of the roof,
and
3--Project beyond the edge of the
SECTION 409--"B" SIZE OF LOT
AREA--lin the "B" Business District,
no building shall be erected or altered
seventy-five hundred (7,550) square
feet and a frontage of less than fifty
(50) feet.
SECTION 410 -- OFF- STREET
PARKING AREA- In "B" Business
District, no building shall be hereafter
erected, or altered or added to in ex-
cess of fifty (50) percent of its area
prior to the adoption of this Ordinance,
street parking shall be made as follows:
(a) Hospitals -- One (1) parking
space for every four (4) beds.
(b) Theatres and Restaurants--One
(1) parking space for every seven (7)
(c) Dwellings -- One (1) parking
space for every dwelling unit.
(fl) Hotels--One (1) parking space
for every two (2) rooms.
(e) All places of public assembly
similar uses -- One (1) parking space
an area equivalent to seven (7) perm-
anent seats.
(f) All structures where offices or
living quarters are provided over the
first floor, an additional space shall be
provided for each office or for each
dwelling unit.
(g) All other business buildings
where the ground floor area is in ex-
cess of two thousand five hundred
(2,500) square feet -- One (1) parking
space for each two hundred (200)
square feet of building ~rea or frac-
tion thereof in excess of two thousand
five hundred (2,500) square feet.
The formula for providing an ade-
quate parking area is an area of three
hundred thirty-four (334) square feet
per required motor vehicle unit.
ARTICLE IV A
"B-I" Business District
ness District, no building or premises
shall be used and no building shall be
hereafter erected or altered unless
otherwise provided in this Ordinance
except for one (i) or more of the
following uses:
I. Ail permitted uses in the "A" Resi-
dential and Agricultural, "M' Multiple
l~esidenee, "M-I" Multiple Residence
and "B~2" Business Districts.
2. The following uses when author-
lzed o~s a special exception by fhe
Board of Appeals as hereinafter pro-
vided:
a. Places of amusement.
b. Public garages.
c. Gasoline service stations.
d. New and used car lots.
3. Aceeasory uses on the same lot
w~th and customarily incidental to any
permitted uses and not involving a
separate business.
SECTION 421--All premises in the
"B-I" Business District shall comply
with the pro'~sions of Article IV with
respect to building height, building
area, front yard, rear yard, density of
population, signs, size of lot area and
off-street parking area.
ARTICLE IV B
"B-Z" Business District
SECTION 440---In the "R-2" Busi-
ness District, no building or premises
shall be used and no building shall be
hereafter erected or altered unlesS
o~herwise provided in this Ordinance,
except for one (1) or more of the fol-
ARTICLE ¥
"C'* Industrial District
SECTION 500--In the "C' Industrial
Districts, all buildings and premises
may be used for any use except that
the following uses may be permitted
only as a special exception by the
Board of Appeals as hereinafter set
forth:
1--Abattoirs.
2--Acetylene gas manufacture or gas
manufacture from coal, coke, petroleum
or from any other product or the stor-
age thereof.
3--Acid manufacture.
4---Ammonia, bleaching powder or
chlorine manufacture.
5--Arssnal.
a dwelling, there shah be a rear yard
having a minimum depth of fifty (50)
feet.
SECTION 502-~SIGNS--The provi-
sions of Article IV, Section 408 of this
Ordinance shall apply to signs In a
In the "C" Industrial District, the
required front yard shall be at least
thirty (30) feet, provided further that
where property is hounded on any side
by a railroad right-of-way or on a rear
line by a railroad right-of-way, there
shah be a sethack along the entire
length of such railroad right-of-way
or private right-of-way of at least
thirty (30) feet.
SECTION 504~"C' SIZE Oi~ LOT
AREA--In the "C' Industrial Dis-
trict, no building shall be erected or
altered on a lot having an area of less
than twelve thousand five iqundred
(12,500) square feet and a frontage of
less than one hundred GOO) feet.
SECTION 505 -- OF1~- STREET
PARKING AREA--In the "C" In-
dustrial District, no building shall be
hereafter erected or altered or added
to in excess of fifty (50) percent of its
area prior to the adoption of this Or-
dinance, unless a millimum provision
for off-street parking shall be made as
follows:
(a) All buildin~s where the ground
floor area is two thousand five hundred
(2,500) square feet -- One (I) parking
space for each two hundred (200)
square feet of building area or fraction
thereof in excess of two thousand five
hundred (2,500) square feet.
(b) All places of public assembly--
One (1) parking space for each seven
(7) permanent seats or an area equiva-
lent to seven (7) permanent seat~.
(c) All structures where offices are
provided over the first floor--an ad-
ditional packing space shall be pro-
Vided for each office.
The formula for providing an ade-
quate parking area is an area of three
hundred thirty-four (334) square feet
per required motor vehicle unit.
ARTICLE ¥I
Tourist Camps, Camp Cottages
and Trailers
SECTION 600 -- PERMITS RE-
QUIRED-NO tourist camp shall be
established, maintained or operated in
any district, nor shall any tent, tent-
house, camp-cottage, house-car, or
trailer, to be used or occupied as a
place for living, sleeping or eating,
whether charge is or is not made, be
erected or placed therein, unless au-
thorized by the Town Board pursuant
to the provisions of the Trailer Camp
Ordinance dated June 30, 1953.
SECTION 601 -- ALr~OMOBILE
TI{AILEI% OR HOUSE CAR--Not'
withstanding any other provisions of
this Ordinance, a single automobile
trailer cr house car may be located
outside a tourist camp only when au-
thorized by the Town Board, and sub-
ject to such conditions as may be pre-
scribed by the Town Board.
SECTION 604--Article VI shall not
be deemed in apply to the temporary
or seasonal camp of any unit of the
Boy Scouts of America or the Girl
Scouts of America or other such or-
ganizations under the leadership pro-
vided by said organizations respec-
tively.
ARTICLE VII
Applications and Permits
SECTION 70[~-It shall be the duty
of the Building Inspector, or such per-
son as designated by the Town Board,
and he is hereby given the power and
authority to enforce the provisions of
this Ordinance.
SECTION 701--The Building inspec-
tor shall require that the application
for a building permit and the accom-
panying plot plan shall contain all the
information necessary to enable him
to ascertain whether the proposed
building complies with the provisions
of this Ordinance.
SECTION ~02--No building permit
shall be issued until the Building In-
spector has certified that the proposed
building or addition complies with all
the provisions of this Ordinance.
SECTION 703--A permit will be re-
quired prior to the commencing of work
for the erection or additions to all resi-
dence, business and industrial build-
trigs. Accessory buildings including ail
types of farm buildings except migrant
camps do not require a permit provided
that all use, height and yard require-
ments have been complied with.
SECTION ~03A--A permit will be
required prior to the erection of or
addition to all signs except signs per-
mitted by Article III, Section 300, para-
graphs 8, 9 and 10 of this Ordinance.
1%Ietal identification tags, serially num-
bered shall be affixed by the Building
Inspector to all signs for which a per-
mit is required.
SECTION ~03B--CERTIFICATE OP
oCCUPANCY--fa) it shall be un-
lawful to use or permit the use of any
budding or premises or part thereof,
hereafter created, erected, changed,
converted or enlarged wholly or partly,
in its use or structure until a Certi-
ficate of Occupancy shall have been
issued by the Building Inspector. Such
Certificate shall indicate that such
building or premises or part thereof
and the proposed use thereof are in
conformity with the provisions of this
ordinance. (b) Under such rules and
regulations as may be established by
the Board of Appeals, a temporary
Certificate of Occupancy for a part of
any budding or premises may be issued
by the Building Inspector. (c) Upon
written request from the owner or oc-
cupant, the Building Inspector shall
issue a Certificate of Occupancy for
any existing lawful use and occupancy
cf a building or premises.
SECTION ?04~All permit fees and
fees for certificates of occupancy shall
be established by the Town Board.
SECTION ~0~--For each application
or Appeal to the Board of Appeals as
hereinafter provided, there shall be a
fee of five dollars ($5.00) accompany-
ing the application or appeal.
SECTION 706--A11 permits shall ex-
pire in one (1) year of issuance thereof,
the renewal fee to be one half (%)
the original fee.
SECTION 707- For each proposed
change of the Ordinance or change of
the Zoning Map as provided by Section
902 of Article IX of this Ordinance,
there shall be a fee of twenty-five dol-
lars ($25.00) accompanying the petition.
ARTICLE VIII
Board of Appeals
SECTION 800 -- The Town Board
shall appoint a Board of Appeals con-
stating of five (5) members as provided
by the Town Law.
SECT[ON 801A--The Board of
peals may, in a specific case after pub-
lic notice and hearing, and subject to
appropriate conditions and safeguards,
determine and vary the application of
the regulations herein established in
harmony with their general purpose
and intent as follows:
B. VARIANCE POWERS. (MAT-
TERS OF APPEAL TO TIlE BOARD
OF APPEALS),
Where there are practica/ difficul-
ties or unnecessary hardships in the
way of carrying out the strict letter of
these regulations, the Board of Appeals
shall have the power to vary or modify
the application of such regulations so
that the spirit of the Ordinance shall
be observed, public safety and welfare
secured and substantiaI justice done.
C. SPECIAL POWERS AND RULES.
(1VfAT]?ERS OF ORIGINAL JURIS-
DICTION A2qD BY APPLICATION
TO TIlE BOARD OF APPEALS).
(1) Whenever a use, or the location
thereof, is Permitted only if the Board
of Appeals shall approve thereof, the
Board of Appeals may, in a specific
case and after notice and pubIic hear-
ing, authorize suci~ Permissive use and
its location within the district in which
this ordinance specifies the permissive
use may be located, subject, however to
the fallowing:
(a) Before such approval shall be
given, the Board of Appeals sha/l de-
termine:-
(1) That the use will not prevent
the orderly and reasonable use of ad-
Jacent properties or of properties in
adjacent use districts;
(2) That the use will not prevent
the orderly and reasonable use of per-
mitted or legally established uses in
the district wherein the proposed use is
to be located or of permitted or legally
established uses in adjacent use dis-
tricts;
(3) That the safety, the health, the
welfare, the comfort, the convenience
or the order of the Town will not be
adversely affected by the proposed use
and its location; and
(4) That the use will be in harmony
with and promote the general purposes
and intent of this Ordinance.
(b) In making such determination,
the Board of Appeals shall also give
consideration, among other things, to:-
(1) The character of the existing
and probable development of uses in
the district a~d the peculiar suitability
of such district for the location of any
of such permissive uses;
(2) The conservation of property
values and the encouragement of the
most appropriate uses of land;
(3) The effect that the location of the
proposed use may have upon the crea-
tion of undue increase of vehicular
traffic congestion on public streets or
highways;
(4) The availiability of adequate o.nd
proper public or private facilities for
the treatment, removal or discharge
of sewage, refuse, or other effluent
(whether liquid, solid, gaseous 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 of[ obnoxious gases, odors,
smoke or soot;
(6) Whether the use will cause dis-
lurbing emissions of electrical dis-
charges, dust, light, vibration or noise;
(7) Whether the operations in pur-
suance of the use will cause undue
interference with the orderly enjoy-
ment by the public of parking or of
recreational facilities, if existing, cr if
proposed by the Town or by other
comPetent Governmental agency;
(8) To the necessity for bituminous
surfaced space for purposes bt off-
street parking of vehicles incidental
to the use, s~d whether such space is
reasonably adequate and appropriate
and can be furnished by th-. owner
of the plot sought to be used within
or adjacent to the plot wherein the
use shall be had;
(9) Whether a hazard to life, limb
or property because of fire, flood,
erosion or panic may be created by
reason or as a result of the use, or
by the structures to he used therefor,
or by the inaccessibility of the prop-
erty or structures thereon for the con-
venient entry and operation of fire and
other emergency apparatus or by the
undue concentration or assemblage of
Persons upon such plot;
(10) Whether the use, or the struc-
tur,es to be used therefor, will cause
an overcrowding of land or Undue con-
centration of population;
(11) Whether the pict area is suf-
ficient, appropriate and adequate for
the use and the reasonably anticipated
operation and expansion thereof; and
(12) Whether the use to be operated
is unreasonably neax to a church,
school, theatre, recreational area or
other piece of pubIic assembly.
(c) The Board of Appeals shall, in
authorizing such permissive uses, im-
pose such conditions and safeguards as
it may deem appropriate, necessary or
desirable to preserve and protect the
spirit and objectives of trds Ordinance.
(2)- When, in its Judgment, the
public convenience and welfare and
Justice will be substantially served, and
provided that the legally established or
permitted use of neighborhood property
and ~jacent 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, authorize the granting of a
permit.
(a) Where a district boundary line
divides a lot which is proved to the
satisfaction of the Board of Appeals to
have been in single and separate own-
ership at the effective date of this Or-
dinance, and the total area of which
lot has not been diminished or increas.
e~ .race such date, the less restricted
use may be adjusted to extend to the
whole or any Part of such lot but not
more than fifty (SG) feet beyond the
boundary line of the use district in
which said lot is located.
(b) If the less restricted use shall
be extended ten (10) feet or more
within a residential use district, a
Permanent open space for a rear and
side yard of not less than ten (10)
feet shall be provided for and main-
tained within the lot area as so ex-
tended. Also in such event, if the less
restricted use be extended more than
ten (10) feet, the said minimum rear
and side yards shall be Increased by
one (1) foot for each additional ten
(10) feet of such extension,
SECTION 802--The Board of Appeals
shall make rules as to the manner of
filing apPeals or applications for spec-
ial except!oas or variances.
SECTION 803--Upon the filing with
the Board of Appeals of an appeal or
of an application for special exception
or variance, the Board of Appeals shall
fix a time and place for a public hear-
lng thereon and shall give notice there-
of as follows:
(a) By publishing a notice thereof
in accordance with the Town Law.
ARTICLE IX
Amendments
SECTION 900- The Town Board
upon its own motion or by petition
may, from time to time, amend, sup-
plement, change, modify or repeal this
Ordinance including the Zoning Niap,
by proceeding in the followlng manner:
SECTION 901 The Town Board by
Resolution adopted at a stated meeting
shall fix the time and place of a public
hearing on the proposed amendment
and cause notice thereof to be given
pursuant to the provisions of the Town
Law. The Town Board, before adver-
tising for a public hearing, shall in a
written request, instruct the Town
Planning Board to prepare an official
report defining the conditions described
in a petition a~d determine the area
so affected with their recommenda-
tions.
SECTION 902--In case, however, of
a protest against such change, signed
by the owners of twenty (20) percent
or more, either of the area of land
included in such proposed change, or
of that immediately adjacent thereto,
extending one hundred (100) feet
therefrom, or of that directly opposite
thereto, extending one hundred (100)
feet from the street frontage of such
opposite land, such amendment shall
not become effective except by the
favorable vote of at least four (4)
members of the Town Board.
sECTION 903--At a public hearing
full opportunity to 'be heard shall be
given to any citizen and all parties in
interest.
Al~TICLE X
General Provisions
SECTION lOOO~In a Residential and
Agricultural District where a lot abuts
on a parkway, the lot shall be con-
sidered to front and have a front yard
on the street and also on the parkway
and where the building accords with
this section, a private accessory garage
amy be incorporated in the building or
attached thereto regardless of distance
from streets.
SECTION 100OA -- No lot shall be
sold, divided, or set off in such a man-
ner that either the portion sold, di-
vided, or set off, or the portion re-
maining shall have an area and/or
open spaces of less than that prescribed
by this ordinance for the district in
which said lot is located.
SECTION 1000B--No dwelling shall
hereafter be erected or altered in any
district unless provisions shah be made
therein for not less thaa eight hun-
dred and fifty (850) square feet of
space within the exterior of the
foundation walls at ground level ex-
clusive of a garage, carport, carpark,
open parch, or terraces, or other ex-
tensions outside the body of the house.
Provided, however, that fifty per cent
(50%) of the habitable area of the
second story may be used and applied
to the area requirements of the first
Boor.
Notwithstanding anything herein-
above to the contrary the sxea of the
second floor shall be included in com-
puting the area of the total habitable
area wk~en the finished floor of the
second story has a clear headroom of
not less than seven and one-half (7~)
feet with knee walls of not less than
five (5) feet and when the second story
is serviced by a permanently placed
stairway.
The provisions of this section shall
not apply to dwellings located within
a tourist camp as defined in the South-
old To~'n Ordinance providing for the
regulations of Tourist camps, house
trailer camps, house trailers or similar
establishments when a permit for such
tourist camp has been issued by the
Town Board pursuant to the provisions
of said ordinance.
SECTION 1001 -- Notwithstanding
any other provisions of this Ordi-
nance, ali automobile or other Junk
yards in existenc~ at the effective
date of this Ordinance shall within
three (3) years from such date provide
suitable screening in the form of fenc-
ing 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 1002 -- Nothwlthstanding
any other provisions of this Ordinance,
any sign in existence at the effective
date of this Ordinance which does not
conform to the provisions of this Ordi-
nance, shall within five (5) years from
such date be discontinued unless its
continuance is authorized as a special
exception by the Board of Appeals as
hereinbefore provided.
SECTION 1093--The Planning Board
shall study the application of this Or-
dinance and shall, from time to time,
recommend to the To~ Board such
changes in the Ordinaace and in the
boundaries of the various districts as
it shall deem advisable to further pro-
mote the health, safety, morals or the
general welfare of the community.
SECTION 1003A- All labor camps ~//'
where provision is made for the hous-
ing and feeding of transient help re-
gardless of the number to be accom-
modated, shall first meet all require-
ments of existing law. Farm labor
camps on faxms shah not be located
nearer to any other residence than to
the residence of the employer except
as a special exception by the Board
of Appeals. Tile location of any other
labor camp or camps not on farms shall
be subject to the approval of the Zon-
ing Board of Appeals.
SECTION 10O4--In any district, no
Public Garage for more than three (3)
motor vehicles and no gasoline vending
station shall be erected or altered and
used within two hundred (200) feet of
any premises used for a public school,
public library, church, hospital or
orphanage.
SECTION 100~--PUBLIC PARKING
PLACES -- No public parking pla~e
shall be conducted in any district ex~
copt ~s a special exception by the
Board of Appeals.
SECTION 1006--No wall, fence, or
other structure and no hedge, tree,
shrub or other growth shall be erected,
altered or maintained on any corner lot
at any point within twenty (20) feet
from the intersection of the street
lines, which may cause danger to
traffic on a stxeet by obscuring the
view.
SECTION 1007 -- NON-CONFORM.
ING USES -- Unless otherwise au-
thor]zed as a special exception by the
Board of Appeals as hereinbefore pro-
vialed, the following provisions shall
apply to non-conforming uses:
(a) The lawful use of a bulldin~ 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
be extended throughout the building
lawfully acquittal prior to said date.
(b) A non-conforming use of a build-
ing or premises may be changed to a
use of the same or higher classification
according to the provisions of this
(c) Whenever a district shall here-
after be changed, any then existing
non-conforming use of a building or
premises in such changed district may
similar or higher classification, pro-
vided all other regulations governing
the new use are complied with.
of a building or premises has been dis-
continued for a period of more than
two (2) years, or changed to a higher
anything in this Section to the con-
trary notwithstanding, the non-con-
forming use of such building or prem-
ises shall no longer be permitted unless
Health 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
and regulations, the provisions of this
Ordinance shall control.
SECTION 1011 -- REMEDIES -- In
case 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
stay regulations made pursuant thereto,
in addition to other remedies provided
by law, any appropriate action or pro-
ceeding whether by legal process or
otherwise, may be instituted, or-taken
to prevent such unlawful erection, con-
struction, reconstruction, alteration,
repair, conversion, maintenance or use,
to restrain, correct or abate such viola-
tion, to prevent the occupancy of said
building, structure or land or to pre-
vent any illegal act, conduct, business
or use in or about such premises.
a variance therefor shall have been
granted by the Board of Appeals
hereinbefore provided.
(e) A non-conforming building may
not be reconstructed or structurally
altered during its life to an extent ex-
ceeding in aggregate cost fifty (50)
percent of the fair value of the build-
ing, 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 shall not
be repaired or rebuilt unless the use
of such building is changed to a con-
forming use.
SECTION 1003 -- TIDAL LANDS --
When the tidal lands are not shown as
zoned on the Zoning Map, they shall
be considered to lie within the "A"
Residential and Agricultural District
but no structure erected therein shall
be erected upon such lands owned by
the Town of Southold except upon the
approval of the Board of ToWn
Trustees.
SECTION 1009--VALIDITY~Should
any section or provision of this Or-
dinance be declared by a court of com-
petent jurisdiction to be invalid, such
decisions shall not effect the validity
of the Ordinance as a whole or any
other part thereof.
SECTION 1010---INTERPRETATION,
PURPOSE AND CONFLICT -- In
interpreting and applying the pro-
visions of this Ordinance, they shall
be held to be the minimum require-
ments for the promotion of the health,
safety, morals or the general welfare
of the Town. It is not intended by this
Ordinance to interfere with or abrogate
or annul any Town Building Code, or
any rules end regulations adopted or
issued thereunder, or the rules and
regulations of the Department of
SECTION 1012--PENALTIES -- For
any and every violation of the provi-
sions of this ordinance, the owner, the
knowingly commits, takes part or as-
malntab~s any buildings or premises
in which any such violations shall exist,
shall be guilty of an offense. Each
week's continued violation shall con-
stitute a separate additional violation.
Such fines or penalties shall be collect-
ed as like fines are now collected by
SECTION 1013 -- EXCEPTIONS AS
(a) All of the lots on a certain map
old, Suffolk County, New York, filed
in Suffolk County Clerk's Office on
March 18, i953, as Map No. 2038, shall
be excepted from the provisions of
Section 303 herein; As to Lots num-
bered one (1) through five (5) on said
map, the sideyard requirements shall
side; and as to lots numbered thirty-
on said map, the setback lines and
reduced to twenty (20) feet.
(b) All of the Lots on the tallowing
described maps shall be excepted from
(1) Sub-division Map of Section 2,
New York, Map by O. W. Van Tuyi,
(2) Map of Beixedon Estates, Filed
la) Sub-division Map of Founders
Estates, dated March 18, 1927, and
amendments thereto;
(4) Map of Sub-division known as
Kennewood, dated January 9, 1954, filed
as Map NO. 2180;
(5) Map of Southwood, Map file No.
2141;
(6) Plan of Lots owned by George
H. Wells, Southold, N. Y., Map file NO.
659;
(7) Bayside Terrace, gay View,
Southold, N. Y. Pile No. 2034;
(8) West Creek Development, South-
old, N. Y. Map of April 20, 1937, File
No. 1236;
(9) Sub-division Map of Cedar Beach
Park situate at Bay View, Southold,
N. Y. dated September 26, 1926, File
No. 90;
(I0) Map of Goose Neck, Southcld,
N. Y. Map dated 1948, File NO. 1663;
(ll) Eeconic Shores, Peconic, N. Y.
Map of Jesse ~,Vells, dated December
27, 1922, NO. 1 and No. 2;
(12) Nassau Farms, Peconic, N. Y.
Map by O. W. Van Tayl, NO. 1179;
(13) Alonzo Jersey, Peconic, N. Y.
Map of O. W. Van Tuyl, April 21, 1930,
File NO. 763;
(14) Nassau Point Club Properties,
Section D, Map by O. W. Van Tuyl,
March 24, 1926; and Amended Map~
Section A NO. 156;
(15) Captain Kidd Estates, Mattituck,
N. Y., Map by O, W. Van Tuyl, Jan-
uary 21, 1947, No. 1672;
(16) Amended Map of Mattituck
Heights, A~attituck, N. Y.
(1~) Point Pleasant--Mattituck, N. Y.
Survey by Franklin F. Overton, April
8, 1916;
(18) Salt Lake Village, I~attituck,
N. Y., Map by O. W. Van Tuyl, July
10, 1939;
(19) Shore Acres, Mattituck, N. Y.
File No. 41.
At a rr~eeting of the Town Board of the Town of Southold held at the
Supervisor's Office, Oreenport. New York, on the
1964.
day of
WHEREAS, this Board desires to amend the provisions of the
Building Zone Ordinance of the Town of Southold as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk of
the Town of Southold be and he hereby is authorized and directed to transmit
to the Planning Board of the Town of Southold a certified copy of this
resolution together with a request in writing to said Planning Board
instructing said Planning Board to prepare an official report with their
recommendations on said proposed amendments pursuant to the provisions
of Article IX, Section 900 of the Building Zone Ordinance of the Town of
Southold, said proposed amendments being as follows, to wit:
I. By amending Article III. Section 300 of said Ordinance by adding
a new subdivision, to be Subdivision 4A, to read as follows:
4A. Stables and riding academies, when authorized
as a special exception by the Board of Appeals as
hereinafter provided.
II. By amending Article III, Section 300, Subdivision 6 of said
Ordinance to read as follows:
6. Public utihty buildings, structures, or
facilities, when authorized as a special exception
by the Board of Appeals, as hereinafter provided.
III. By amending Article IV, Section 400, Subdivision 5 of said
Ordinance to read as follows:
5. Offices, banks and financial institutions.
IV. By amending Article X of said Ordinance b3 ;adding thereto a new
section to be Section 1000B, to read as follows:
SECTION 1000B - In any District, no dwelling
shall be hereafter erected or ;altered unless
provision shall be made therein for not less than
eight hundred and fifty (850) square feet of space
within the exterior of the foundatiQn walls at
ground level exclusive of a garage, car park,
car port, open porch or terraces, or other
extensions outside the body of the house.
-2-
BUILDING ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK COUNTY
NEW YORK
APRIL 28, '1958 PRICE 25c
AMENDMENTS TO BUILDING ZONE
ORDINA~NCE SI,N. CE APRIL 29, 1958
IAmendment to Article X, section 10lg,
~dopted August 12, 1958 and became
effective August 91st, 1959)
ARTICLE X, SECTION 1012--pENAL-
TIES~For any and ever7 violation of
the provisions of tkis ordinance, the
owner, the general agent, or contrac-
tor of a building or premises, where
s[lch violations have been committed
lotion shall exist, shall be guilty of an
effective December 14, 1998)
her 14, 1958)
Such Certificate shall indicate that
hy the Building Inspector. cl Upon
(.~,mendment to Article X, a new sec-
her 14, 1959)
ed by this ordinance for the district in
.~H~ENDMENT TO BUILDING ZONE
ORDINANCE SINCE
DECE)IBEB 14, 1958
(Amendmen~ to Article II, Section
200, adopted Oclober 4. 1960 and be-
came effective October 29, 1960.)
ARTICLE II, SECTION 200 -- USE
DISTRICT REGULATIONS --
For the purpose of this Ordinance,
[he Town of SoulhoId, outside of
incorporated villages, is hereby di-
vided into four (4) classes of dis-
[nets which shall be designated as
follows:
"A" RESTDENTIAL AN-D AGRI-
CULTURAL DISTRICTS
"M" MULTIPLE RESIDENCE
DISTRICTS
"B" BUSINESS DISTRICTS
"C" TNT)USTRIAL DISTRICTS.
(Amendment to Article III, Section
300, Subdivision 9, adopted (Jctober 4,
1960 and became effective October 29,
1990.)
ARTICLE III, SECTION 900, SU'~-
DIVISION ~
The sale at retail of farm,
garden or nursery products produced
or grown on the premises or of
auimals ~aised on the premises. One
(1) advertising sign, either single
or double faced, not larger than four
(4) fee~ by six (6) feet in size. ad-
vertising the sale of farm, garden
or nur.sery products produced or
grown on ]he premises or of animals
raised on [he premises.
(Amendmen[ to Ar[icle III, Section
300, Subdivision 10, adopted Oclober 4,
1960, and became effective October 29,
19603
ARTICLE Ill, SECTION 300, SI/B-
DTVISION 19
One il) real estate sign.
either single or double faced, no[
larger than three (3) fee[ by fou~
(4) fee[ in size on any one (1)
more lots, advertising the sale or
]ease of only the premises on which
It is maintained and set back no[
less than the required front yard
distance ~nd no[ less lhan ten il0)
feet from each side line.
(Amendment to Article IIIA, Section
1960 and became effective October 29,
1960.)
mote], boarding and tourist house
the lower edge of which shall be no[
less lhan four (4) Iee[ above [he
ground, and the upper edge of which
five (35) feet above lhe ground.
Such zign shah advertise only ~he
and shall be se[ back no[ less than
five (5) feet from all s[ree[ and
approved as a ~pecial excepSo~ by
lhe Board of Appeals as hereina~ter
provided.
400, Subdivision 9. adopted October 4,
~ervice sta[ions and parking
molor vehicles for sale or hire. when
· pproved. ~s · ~peclal 6xcep[ion by
.~I~',Nrl~.~,'2T TO TH~ BUILDING
ORDINANCE SINC]~ FEBRUARY 361. --
(Amendment to Article III, Sec-
ti on 300, Subdivision 7, adopted
March 29, 1962 and became effective
April 19, 1962.)
ARTICLE III, SECTION 300, SUB-
DIVISION 7 --
? Accessory buildings, includ-
ing one (1) private garage, When
such accessory buildings are locatsd
in the rear yard, or a private
garage within or attached to the
d~elling.
(Amendment to Article IV, Section
408, Subdivision (b), Subsection 2,
ad:~pted March 29, [962 and became
~ ffect ~vu April 19, 1962. )
ARTICLE IV, SECTION 408, SUBDIVISION
(b), SUBSECTION 2 --
2 - Exceed in width one hundred (100)
percent of the horizontal measurement
of such wall.
{Amendment to Article IV, 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
sign authorized by the preceding sub-
division (b), a roof sign shall be
permitted provided the same is
attached to or incorporated in ~ roof.
which sign shall advertise only the
business conducted in the building
upon which it is attached, and pro-
vided that such sign does not:
1. Exceed two (2) square feet in
~(,tal 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 six (6) inches
· n height above the highest point
f 'he roof, and
~. Project beyond the edge of the
I Amenclraent to Article VII, Section
705, adopted March 29, 1962, and be-
,Tame effective April 19, 1962.)
ARTICLE VII, SECTION 705 --
SECTION 705 For each applica-
tion or Appeal to the Board of
Appeals as hereinafter provided,
there shall be a fee of five
dollars ($5.00) accompanying the
application or appeal.
ORDINAI~CE S/NCK APRIL 19, 1962.
(Amenc~ent to Artl~le V, Sectl~
500, adopted Fe~ruaxy 26, 1963 and
became e£~ectlve Apzll 1, 1963.)
SECTIO8 500 - In the."C' ~ndustzlsl
District, all build/nra and premises
may b~ ~sed £or any use except that
the following U~eB m~f be permitted
only as a s~e¢lal excep~c~ by the
Board of Appeals as hereln&£ter met
fozth:
(Amendment to Article V, Sectlm
500, Subdivision 1, a~oL~ced February
ARTICLE V, ~ECTIO~ 500, SUBDIV/S/O~ 1.
1. Aba~.oLrs.
(Amendment to Article V, Section
500, subdivision ?, adopted Februazy
26, 19~3, and became effective
ART:IJCI~ V, SECTION 500, 8UBDIVISZO~ 17.
17. ~arbage, offal ~ d~ad animals,
reduction o~ dum~lng.
(Amendment to Axttcle V, Sectlo~ 500,
Subdivision 34, adopted February 26,
1963, and became efgectlve A~rll 1,
1963.)
ART1CLE V, nECTION 500, 8U~D1V1SIO[: 34.
34. Stockyards or slaughter houses.
' /iUII~DING ZONE OI~DINANCI'-'
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
(As Amended to April 8, 1958)
be de~ermhned by the scale of the map
on the zoning maps, the designaLion
Ordinance for ~e p~ticular area in
the less restricted use to ex,end to
this Ordinance. except for one (1) or
"2,I" lllulliple lte$idemmce District
Residential and Agricultural Dis-
2. Multiple dwellings designed /or
four (4~ families.
as a special exception by the Board
established on each street, the yard
depth shall be established on a line
with said average setback lines
ia) Dwellin~s--otte (i) parking
lowing signs are perrrdtted.
fill!,, (SO) mu:ftc feet tn e-ca sever-
less than Bye ~51 feet from
A~T[CLE tV
SEC~ON 40~In the "B" Business
District, no building or prem~e: shall
be used, and no building shall be here-
cep~ for one (1) or more of ~he roi-
I--One (D laxly or two (2) family
Business Dirtrict shall comply
the provisions of Section 301 to
~cl~lve of this Or~ance.
1. Exceed two (2) square feet in
4
4. Excead fifteen (15) feet six
(6) inches from ~round !e~el to the
age.
l~--Fat rendering.
l'~--Garbage, offal or dead ammals,
special exception by the Board of Ap-
other junk yards.
25--Fe~roleurn reiming.
27--Rolling mill.
frontage or less th~n one hundred
SECTION 505 -- OFF-STREET
-~ECTION ';02--No building permit
shali be issued until ,the I~uilciin~ In-
persons npon such plot;
(to) Whether the use, or the struc-
o~her pIace of public assembly.
(c) The Board of Appeals shall, in
spirit and objectives of this Ordinance.
(III When, In its judgment, the pub-
by ploceedlng in the following manner:
SECTION S01--The Town Board by
Resolution adopted ~t a stated meeting
ex[ending one hundred (100) Ice~
of Aucust, 1958, and due deliberation having been had thereon
NOW, THEREFORE, BE IT RESOLVED: That the relief demanded in said petition,
be and it hereby is granted.
Vote of Town Board: Ayes-SNpervisor Klipp; Councilmen Albertson and
Demarest; Justices Tuthill and Clark.
Moved by Councilman Albertson; seconded by Councilm~n Demarest:
RESOLVED: ~o~am9nd ~ticle?X.,.~S~ction lO12 of the Buildin~ Zb~e Ordinance
o~ the Town of ~outhold to read as follows: '
'SECTION 1012 - PENALTIES - For any and every violation of the provisions
~of this ordinance, he owner, general agent, or contractor of a building
~or premises, where such violations have been committed or shall exist,
~and the generel agent, architect, build.er, contrsctor or any other person
~ who knowingly commits, takes part or assists in any such violation or who
~// maintains any building or premises in which any such violation shall exist,
shall be guilty of an off~nse. Each week's continued violation shall con-
stitute a separate additional violation. Such fines or penalties shall be
collected es like fines are now collected by law.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and
Demarest; Justices Tuthill and Clark.
Moved by Councilman Albertson; seconded by Justice Clark:
RESOLVED: That this meeting be recessed at 6:00 P.M. and be reconvened
at the American Legion Hall in Southold at 7:30 P.M.
A Public hearing on the petition of EDNA A. BRCWN for a change of zone
from "A" Residential and Agricultural District to "B" Business District
on certain real property situate at Peconlc, and on petition of ANHANASIOS
and HELEN SPINTH0~RAKIS for a chan~e of zone from "A" Residentiml and
Agricultural District to "M" Multiple Resident District on certain real
property situate at East Marion, and the the petition of ANGELLO and
GEORGETTE PETRUCCI for a change of zone f~om "A" Residential and Agric.
District to "M" Multiple Resident District on certein real property at
Nassau Farms, Peconic, N.Y. was held. This last petition w~s withdrawn.
The Supervisor opened the hearing at 7:30 P.~.. The minutes of this hearing
were recorded by George T. Lederle.
Moved by Justice Tuthill; seconded by Councilman Demarest:
WHEREAS, a petition was heretofore filed with the Town Board of the Town
of Southold by ATHANASIOS and HELEN SPINTHOURAKIS requesting a ch8nge,
m~dification end amendment of the Building Zone Ordinance including the
Building Zone Maps made s part thereof by changing from "A" Res. ' Agric.
District to "M" Multiple Res. District the property described in said
petitlon~ and
WHEREAS, said petition was duly referred to the Planning Board for its
investigation, recommendation and report, end its report having been
filed with the Town Board, and thereafter, a public hearing in relation
to said petition having been duly held by the Town Board on the 12th
day of August, 1958, and due deliberation having been had thereon
NOW, THEREFORE, BE IT ~SOLVED: The~ the relief demanded in said petition
be, and it hereby is granted.
Vote of Town Board: Ayes-Supervisor Klipp; Councilmen Albertson and
Demarest; Justices Tuthill and Clark.
Moved by Councilman AlbertsOn~; seconded by Justice Tuthill:
WHEREAS~ a petition wes heretofore filed with the Town Board of the Town
of Southold by Planning Noard & Board of Appeals, requesting a change,
modification and amendment of the Building Zone Ordinance including the
Building gone maps made a part thereof by amending Article ~, Section lO12
~nd
%..I~HEREAS, said petition was duly referr-~d to the Planning Board for its
investigation, recommendation and report, and its report having been filed
with the Town Board, and thereafter,'a public hearing in relation to said
petition having been duly held by the Town Board on the 12th day of August,
1958, and due deliberation having been had thereon
NOW, THEREFORE, BE IT RESOLVED: That the relief demanded in said petition
be, and ~t hereby is granted.
Vo~e of Town Board: A~es-SNpervlsor Klipp; Councilmen Albertson and
Demarest; Justices Tuthill and Clark.
Adjournment was at 8:30 P.M.
Ralph P. Booth
Town Clerk
BUILDING ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK COUNTY
NEW YORK
APRIL 28, 1958
PRICE 25c
IL~IENDMENTS O BUILDING ZONE
ORDINANCE SIN. CE APRIL 28, 1959
(Amendment to Article X, section 1012,
adopted August 12, 1958 and became
effective August 31st, 1958)
ARTICLE X, SECTION 1012--PENAL-
TIES--FOr any and every violation of
~he provisions of this ordinance, the
owner, the general agent, or contrac-
tor of a building or premises, where
such violations have been committed
or shall exist, and the general agent,
architect, builder, contractor or any
other person who knowingly commits,
takes part or assists in any such vto-
lation or who maintains any buildings
or premises in which any such vio-
lation shaI1 exist, shah be gdilty of an
offense. Each week's continued vtola-
tion shall constitute a separate addi-
tional violation. Such fines or penal-
ties shall be collected as like fines are
now collected by law.
IAmendment to Article I, section 100,
adopted November 25, 1958 and beeline
effective December 14, 1958)
ARTICLE I, section 100~gA-FAMI'Ly
-~One or more persons occupying prem-
ises as a single housekeeping unit.
(Amendment to Article VII, a new
section to be 703B, adopted November
25, 1958 and became effective Decem-
ber 14, 1958)
ARTICLE VII, Section 703B--CERII-
FICATE OF OCCUPANCY -- (a) It
shall be unlawful to use or permit the
use of any building or premises or part
thereof, hereafter created, erected,
changed, converted or enlarged wholly
or partly, in it use or structure until-
a Certificate of Occupancy shah h~ve
been issued by the EuiIding Inspector.
Such Certificate shall indicate that
such building or premises or part
thereof and the proposed use thereof
are in conformity with the pro~qsions
of this ordinance. (b) Under such ruIes
and regulations as may be established
by the Board of Appeals, a temporary
Certificate of Occupancy for a part of
nny building or premises may be issued
by the ]Building Inspector. (c) Upon
written request from the owner or oc-
cupant, the Building Inspector shall
issue a Certificate of Occupancy for
any existing lawful use and occupancy
of a building or premises.
(Amendment to Article X, a new sec-
tion to be 1000A, adopted Nove~nber
25, 1958 and became effective Decem-
ber 14, 1959)
ARTICLE X, SECTION 1000A--No lot
s!lch a manner that either the portion
sold, divided, or set off, or the portion
remaining shall have an area and/or
open spaces of less than that prescrib-
ed by this ordinance for the district in
which said lot is located.
AMENDMENT TO BUILDING ZONE
ORDINANCE SINCE
DECEMBER 14, 1953
(Amendment to Article If, Section
300, adopted October 4, 1960 and be-
came effective October 29, 1960.)
ARTICL~ II, ~ECTION 200 -- USE
the Towa of Southold, ou~ide of
vided Into fo~ (4) classes of
tricts which shall be desi~ated as
DISTRICTS
The sale a~ re,aH of farm,
or double f~ced, no~ larger than fo~
either single or double faced, no~
larger than three (3) fee~ b~ fo~
more lo~s, advertising the sale or
less ~han the re~u~ed fron~ yard
feet from each side
(Amendment to Article IIIA, Section
35(~, adding thereto Subdiv~qon IA,
adopted October 4, 1960 and became
effective October 29, 1960.)
A~TICLE IliA, SECTION 350,
DIVISION 1A--Two (2) Family Dwell-
ings.
(Amendment to Article IliA, Section
350, Subdivision 2, adopted October 4,
1960 and became effective October 29,
1960.)
ARTICLE IIIA, SECTION 350, SUB-
DIVISION (2)--
On premises Used for hotel,
mote], boarding and tourist house
purposes, unless otherwise provided
as a special exception by the :Board
of Appeals as hereinafter provided,
one (I) ndvertising sign, either
single or double faced, not exceed-
ing fifty (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 of which
shall not exceed more than thirty-
five (35) feet above the ground.
Suci~ sign shah advertise only the
business conducted on the premises,
and shall be set back not less than
five (5) feet from all street and
property lines.
(Amendment to Article IV, Section
400, Subdivision 7, adopted October 4,
1950, and became effective October 29,
1960.)
ARTICLE IV, SECTION 400, SITE-
DIVISION 7--
approved as a ~Pecial exception by
the Board of Appeals as hereinafter
provided.
(Amendment to Article IV, Section
400. Subdivision 9, adopted October 4,
1960, and became effective October 29,
1960.)
! AMENE~MENT TO THE BUILDINC
ORDINANC~E SINCE FEBRUARY )61.
(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-
ing one (1) private garage, when
such accessory buildings are located
in the rear yard, or a private
garage within or attached to the
dwelling.
(Amendment to Article IV, Section
408, Subdivision (b), Subsection 2,
ad{~pted March 29, 1962 and became
effective April 19, 1962.)
ARTICLE IV, SECTION 408, SUBDIVISION
(b), SUBSECTION 2 --
2 - Exceed in width one hundred (100)
percent of the horizontal measurement
of such wall.
(Amendment to Article IV, 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
sign authorized by the preceding sub-
division (b), a roof sign shall be
permitted provided the same is
attached to or incorporated ~n ~ roof
which sign shall advertise only the
business conducted in the building
upon which it is attached, and pro-
vlded that such sign does not:
1. Exceed two (2) square feet in
total area for each lineal foot of
such roof, and
2. Extend above the highest point
of the roof in the case of a
pitched roof, and in all other cases
exceed two (2) feet six (6) inches
~n height above the highest point
f -he roof, and
~. project beyond the edge of the
roo.f.
/Amenclment to Article VII, Section
705, adopted March 29, 1962, and be-
came effective April 19, 1962.)
ARTICLE VII, SECTION 705 --
SECTION 705 - For each applica-
tion or Appeal to the Board of
Appeals as hereinafter provided,
there shall be a fee of five
dollars ($5.00) accompanying the
application or appeal.
AM~ND~I~T TO THE SU~J~DING
(~n% to ~ti~le
500. a~ed Fe~ru~
~T/ON 500 - Xn ~e .'C~ ~ustztal
DXstgXct. ~11 ~11~ ~d pr~es
may ~ ~ed fo~ any
~. foll.~ng uS--
onl~ am a s~lal
(Amendment to Article V, Sect~
500. Sub~ivision 1, adOl~ced Febzuaxy
26, 1963 ~ ~.:~.se effecti~ April
~TZC~ V, ~TX~ 500, S~DiV/SI~ 1.
1. AbattOirS-
{Amem~nt tO AXticlLe V, Section
a~ted pebruazY
500, S~tv~t~ 7,
26, 1~3, a~d ~c~ ef~ective
~T~ V, $~T~ 500, s~DIVISI~ 17,~
re.crOn oz ~1~.
~ub~iv~lon 34~ a~pte~ F~a Y 26,
1~3, and ~ effective April 1,
ARTI~ V, sECTI~ 500, s~D~SI~ 34
34. St~k~r~ Or slaughter houses.
'BUILI~ING ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
(As Amended to April 8, 1958)
the word "structure", the word "1or"
n~cludes the word "plot" and the word
"shall" is mandatory and not directory.
1--ACCES$Otiy BUILDING -- A
with or without meals and hi which
1
· ,aally occupied singly and no pro-
13--LOT -- Land occupied or to be
approved place.
at the junction of two (2) or more
streets.
1o~ hav~g frontage on two (2) streets.
17--LOT L~ES ~ The lines bound-
more piers, wharves, doc~, bulk-
intended to be used primar~y for
whether compensation is paid ~-
each of which, or each pair
build.g, with garage or par~g
space conve~ently locat~ to each
hic]e tra~lents.
build~g or prem~es occupied by a use
lations of ~e use ~stric~ ~ ~hich i~
Iot line (fron~, side, or rear, as the
case may be) of the buHding or any
projection thereof, exclu~ng steps,
prc3ecting more than five (5) fee~.
kind of billboard, si~ board, de-
vice or display, designed, arrange.
us~ or ~tended to be us~ to
letter, figure, s~bol or mark paint-
ed upon or inco~orated ~ lhe ex-
terior surface of ~ bui/~g or
ing includ~ be~een the surface of
next above i~ or ff there be no floor
above it, then the sp~e 5etween it and
.mli be'at least tlaZrty-flve (35) feet
tram the street lme.
SECTION 305--Where property in
the Vlmmty is partly built up with
permanent buildings and an average
setback line of more or less than tinrty
five (35) feet has been e~tabhsned, no
buildings, hereafter erected or altered,
shall project beyond the line of the
average setback so established.
SECTION 306~In case of a corner
lot of record at the time of the pas-
sage of this Ordmance, a front yard
shall ,be required; same to be on a line
with the average setback lines on both
streets produced to a point of inter-
section and if no average setback has
been established then a front yard,
thirty-five (35) feet deep, shall be re-
quired on each street front, or may be
decreased as a special exception by the
Board of Appeals as hereinafter pro-
vided,
EECTION 307--"A', SIDE YARDS--
In the "A" Residential and Agri-
cultural District, there shall be two
(2) side yards, one (1) on each side
of the buildings, the total aggregate
of both sides shall be swenty-ftve
(25) feet and ne one (1) side yard
shall be less than ten (10) feet.
PROVIDE~ that, in the case of
a lot held tn single and separate
ownership at the effective date Of
this Ordinance, of a width less than
one hundred (i00) feet and of an
area less than twelve thousand five
hundred (12,500) feet, a single
family dwelling may be built there-
on with side yards reduced fifty (50)
percent and may be further reduced
when authorized as a special ex-
ception ,by the Board of Appeals as
hereinafter pro-sided.
SECTION 308~"A"
In the "A" Residential and Agricul-
tural District, there shall be a rear
yard having a minimum depth of
twenty-five (25) feet.
PROVIDED that, In case of a lot
held in single and separate ownership
at the effective date of this Ordinance,
having a total depth of less than one
hundreff (100) feet, a single family
dwelling may be built thereon with a
rear yard of less than twenty-five (25)
feet, when authorized as a special ex-
ception by the Board of Appeals as
hereina£ter provided and PROVIDED
further that in no case shall the rear
yard be less than fifteen (15) feet.
~ECTION 309 -- "A" ACCESSORY
BUILDINC~S--in the "A" Residential
and Agricultural District, accessory
buildings may occupy forty (40) per-
cent of the required rear yard up to
an average height of eighteen (18) feet.
The yard area allowed by such ac-
cessory buildings shall be Included in
computing the percentage of lot area
to be built upon and PROXFIDBD
further that no building of any kind
or nature shall be built within three
(3) feet of any lot line.
of its area prior to the adoption of
this Ordinance, unless not less than
be provided not less than one (1) park-
part of the total area withi~l sucll
made available for seven (7) perman-
for providing an adequate parking
four (33~) square feet per required mo-
tor vehicle unit.
ARTICLE III A
or altered un~ess otherwise provided
in this Ordinance except for one (1)
Residential and Agricultural Dis-
trict.
2. Multipie dweilings designed for
and occupied by not more than
four (4) families.
3. Hotels, motels, and boarding
and tourist houses.
4. Tourist cottages. (More than
one (1) Tourist Cottage may be per-
mitted on a lot when authorized
as a special exception by the Board
of Appeals as hereinafter provided).
5. Accessory uses on the same
lot with and customarily incidental
to any of the above permitted uses.
SECTION 351--HEIGHT-- In the
"M" Multiple Residence District, no
building hereinafter erected or
toted shall exceed thirty-five (35)
feet or three (3) stories in height.
SECTION 352--BUILDING AREA--
In the "M" Multiple Residence Dis-
trict, the total building area shall
not exceed fifty (50) percent of the
SEC?IoN 353--SIZE OF LOT AREA
--In the 'qVP' Multiple Residence
District, no building shall be erected
frontage of less than one hundred
(105) feet.
established on each street, the yard
depth shall be established on a line
with said average setback lines
projected to a point of intersection.
If no average setback lines have
been established, the requh-ed front
yard shall not be less than thirty-
five (35) feet from each street line
unless decreased as a special ex-
ception by the Board of Appeals as
hereinafter provided.
SECTION 357--SIDE YARDS -- In
the "M" Multiple Residence Dis-
trict, there shall be two (2) side
yards, one (I) on each side of the
buildings, the total aggregate of
both side yards shall se twenty-
five (25) feet and no one (1) side
yard shall be less than ten (i0)
feet. ~
the "M" Multiple Residence District
there shall be a rear yard having
a minimum depth of twenty-five
(25) feet.
SECTION 359 -- OFF-STREEt
PARKING AREA -- In the "M"
Multiple Residence District, no
building shall be hereafter erected
or altered or added to in excess of
fifty (50) percent of its area prior
to thc adoption of this Ordinance,
unless a minimum provision for off-
street Darklng shall be made as fol-
lows:
(a) Dwellings--One (I) parking
space for each family unit.
(b) Hotcls, boarding and tourist
houses--One (1) parking space for
each two (2) guest rooms.
(c) Motels and Tourist Cottages---
One (1) parking space for each
guest room or dwelling unit.
SECTION 360--SIGNS--In the "M"
lowing signs are permitted.
(1) Signs permitted in an "A"
Residential and Agricultural Dis-
trict.
(2) On premises used for hotel,
motel, boarding and tourist house
purposes, unless otherwise provided
as a special exception by the Board
of Appeals as hereinafter provided,
one (I) advertising sign either
single or double faced not exceeding
fifty (50) square feet in area adver-
tising only thc business conducted
on the premises and set back not
less than five (5) feet from all
street and property lines.
ARTICLE IV
"B" Business Dislrlct"
SECTION 400---In the "B" Business
District, no building or premises shall
be used, and no building shall be here-
after erected or altered un/ess other-
wise provided in this Ordinance, ex-
cept for one (I) or more of the foi-
l-One (1) family or two (2) family
dwellings; multiple fam-i]y dwellings.
Notwithstanding any other prowl-
starts of this Article, such dwelling
when erected or aItered in a "B"
Business District shall comply with
the provisions of Section 301 to 308
hiclaslve of this Ordinance.
age.
f~Fat rendering.
15--For tllizer manulacture.
16--Fire works manulacture.
17--Garbage, offal or dead ammals,
reduction or dumping (except as a
special exception by the Board of Ap-
peals as hereinafter provided).
18--Glue, size or gelatin manufacture.
other junk yards.
20--Oilcloth or linoleum manufacture.
21--Oiled, rubber or leather manufac-
ture.
22--Ore reduction.
2~--Paper and pulp manufacture.
26--Potash works.
27--Rolling mill
28--Rubber or gutta percha manufac-
29--Salt works.
31-~Shoe blacking or stove polish
32--smelting.
(except as a special exception by the
Board of Appeals as hereinafter pro-
vided).
35--Stone mill or quarry.
37--Sulphuric, nitric or hydrochloric
38---Sugar refining.
39--Tar distillation or manufacture.
40~Tar roofing or waterproofing
42--Tanning, curing or storage of raw-
hides or skins.
43--Tobacco (chewing) manufacture
or treatment.
4~-Vinegar manufacture.
45--Yeast plant.
frontage of less than one hundred
(100) feet.
SECTION 505 -- OF~-STRe~T
PARKING A~EA--In the "C" Indus-
trial District, no building shall be
hereafter erected or altered or added
to in excess of fifty (50) percent of its
area prior ,to the adoption of this Ord-
inance, unless a minimur~ provision for
off-street parking shall be made as
follows:
(a) All buildings where the ground
floor area is two thousand five hunch-ed
(2,500) square feet -- One (i) parking
space for each two hundre~ (200)
square feet of building area or fraction
thereof in excess of two thousand five
hundred (2,500) square feet.
(b) All places of public assembly --
One (1) parking space for each seven
(7) permanent seats or an area equiva-
lent to seven (7) permanent ~eats.
(c) AIl structures where office~ are
provided over the first floor -- An ad-
ditional parking space shall be pro-
vidsd for each office.
The formula for providing an ade-
quate parking area is an area of three
hundred thirty-four (334) square feet
per required motor vehicle unit.
ARTICLE VI
Tourist Camps, Camp Cottages
and Trailers
SECTION 600 -- PERMITS I~E-
QUIRED -- No tourist camp shall he
established, maintained or operated in
any district, nor shall any tent, tent-
house, camp-cottage, house-car, or
trailer, to be used or occupied as a
place for living, sleeping or eating,
whether charge is or is not made, be
erected or placed therein, unless au-
thorized by the Town Board pursuant
to the provisions of the TratIer Camp
Ordinance dated June 30, 1953.
SECTION 601 -- AUTOMOBILE
$
SECTION 702--No building permit
shall he issued until Che Building In-
spector has certified that the proposed
building or addition complies with all
the provisions of this Ordinance.
SECTION 703--A permit will be re-
quired prior to the conunencing of work
for the erection or addJtions to all resi-
dence, business and industrial build-
ings. Accessory buildings including all
types of farm buildings except migrant
camps do not require a permit provided
that ail use, height and yard require-
meats have been complied with.
SECTION 703A--A permit will be
required prior to the erection of or
addition to all signs except signs
permitted by Article III, Section
300, paragraphs 8, 9 and I0 of this
Ordinance. Metal identification tags,
serially numbered shall be affixed by
the Building Inspector to all signs
for which a permit is required.
SECTION 704--A11 permit fees and
fees for certificates of occupancy shall
be eslablished by the Town Board.
SECTION 705--For each application
or Appeal to the Board of Appeals as
hereinafter provided, there shall be a
fee of fifteen dollars ($15.00) accom.
panying the ApPlication or Appeal.
SECTION 706--AH permits shall ex-
pire in one (1) year of issuance thereof,
the renewal fee to be one half (~)
the original fee.
SECTION 707--For each proposed
change of the Ordinance or change of
the Zoning Map as provided by Section
902 of Article IX of this Ordinance,
there shall be a fee of twenty-five dol-
lars ($25.00) accompanying the petition.
ARTICLE VIII
Board of Appeals
SECTION 800 -- The Town Board
shall appoint a Board of Appeals con-
sisting of five (5) members as provided
by the Town Law.
SECTION 801-A--The Board of Ap-
peals may, in a specific case after pub-
lic notice and hearing, and subject to
appropriate conditions and safeguards,
determine and vary the application of
the regulations herein established in
harmony with their general purpose
and intent as follows:
B. VARIANCE POWERS. (MAT-
TERS OF APPEAL TO ~ BOARD
OF APPEALS).
Where there are practical difficul-
ties or unnecessary hardships in the
way of carrying out the strict letter of
these regulations, the Board of Appeals
shall have the power to vary or modify
the application of such regulations so
that the spirit of the Ordinance shalI
be observed, public safety and welfare
secured and substanlial lk~stice done.
C. SPECIAL POWEI~S AN~ RULES.
(A~ATTEI~ OF ORIGINAL JURIS-
DICTION AND BY APPLICATION TO
THE BOARD OF APPEALS).
(I) Whenever a use, or the location
thereof, is permitted only if the Board
of Appeals shall approve t/qereof, the
Board of Appeals may, in a specific
case and after notice and public hear-
ing, authorize such permissive use and
its location within the district in which
this ordinance ~peclftes the permissive
BUILDING ZONE ORDINAN
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
An ordinance classifying, regulating
and restricting the height, number of
stcccies, size of buildings and other
structures, the percentage of lot that
may be occupied, the size of yards and
other open spaces, the de~qty of popu-
lation, the location and ~se of build-
hugs, structures and land for trade, in-
dustry, residence and other purposes,
(provlded that such regulations shall
apply to and affect only such part of
-the town outside the limits of any in-
corporated village), establishing the
boundaries of districts for said pur-
poses so as to promote the health, safe-
ty, morals and general welfare of the
Town of Southold with reasonable con-
sideration, among nther 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 build-
ing development in accordance with a
well considered plan and mso to estab-
lish penalties for violation of these
regulations as prescribed by the sta-
tutes.
TABLE OF CONTENTS
Short Title Section
Article 1 Definitions 100
Article 11 Districts 200
Article III "A" Residential and
AgriculturaI District 300
Article IV "B" Business District 400
Article V "C" Industrial District 500
Article VI Tourist Camps, Camp
Cottages and Trailers 600
Article VII Applications and Per-
mits 700
Article VIII Board of Appeals 800
Article IX Amendments 900
Article X General Provisions 1000
WHEREAS, all the matters and
things required to be done by the Town
Law of the State of New York in order
that the Town Board of the Town of
Southold, Suffolk County, State of New
York, may avail itself of the powers
conferred by said law have been duly
complied with.
NOW TIiEREFORE, the Town Board
of the Town of Southoid, Suffolk Coun-
ty, State of New York, by virtue of
the authority in it by law invested,
hereby ordains and enacts the follow-
ing ordinance.
SECTION 1--This ordinance shall be
known and may be cited as "The
Building Zone Ordinance of the Town
of Southold, Suffolk County, New
York."
ARTICLE I
SECTION 100--Definitions---For the
purpose of this Ordinance, certain
terms and words are, herewith, defined
as follows:
Words used in the present tense in-
elude the future, the singular number
includes the plural and the plural the
singular, the word "building" incIudes
the word "structure", the word "lot"
includes the word "plot" and the word
"shall" is mandatory and not directory.
with or without meals and in which
~re are more than ten (10) room~
aally occupied singly and no pro-
vision made for cooking in any in-
dividual apartment.
(not a street line) throughout ~
whole width of the lot.
27--SIDE YARD--The required open
space extending along the side lot lines
from the front yard to the rear yard.
28~SIZE OF LOT-AREA--The area
of a lot shall be the total area meas-
ured inside all of its boundaries.
ARTICLE II
Districts
SECTION 200--USE DISTRICT
REGULATIONS--For the purpose of
this Ordinance, the Town of Southold,
outside of the Incorporated Villages,
is hereby divided into three (3) classes
of districts which shall 0e designated
as follows:
"A" RESIDENTIAL AND AGRICUL-
TURAL DISTRICTS
2--Churches, schools, librariea.
3--Non~commercial parks, play-
grounds, athletic fields, bathing
beaches, bathhouses or boathouses.
4--Agricultural farms, poultry farms,
nurseries, greenhouses and truck gard-
ening (does not include farms for the
raising or breeding of ducks)
5---Cinbs, fraternity houses and golf
courses, except where the principal ac-
tivities are carried on as a business.
6---Railway passenger stations.
7--Accessory buildings, including one
(1) private garage, when located not
less than fifty (50) feet from the front
lot line or a private garage within or
attached to the dwelling.
8--Uses customarily incidental to any
of the above uses when located on the
same lot and not involving the con-
duct of a separate business. This shall
be understood to include the profes-
sional office or studio of a doctor,
dentist, teacher, artist, architect, en-
gineer, musician, lawyer, magistrate or
practitioner of a similar character or
rooms used for home occupations in-
cluding dressmaking, millinery or simi-
lar handicrafts, PROVIDED the office,
studio or occupational rooms are lo-
cated in a dwelling in which the prac-
titioner resides or in a building acces-
sory thereto, and PROVIDED further,
no goods are publicly displayed on the
premises and no sign or advertisement
is shown other than a sign not larger
than two (2) square feet in total area,
bearing only the name and occupation
(words only) of the practitioner.
9--The sale at retail of farm garden
or nursery products produced on the
premises or of animals raised on the
premises. One (1) advertising sign or
signs not exceeding twenty-four (24)
square feet in total area advertising
the sale of farm garden or nursery
products produced on the premises or
of animals raised on the premises.
10~One (f) real estate sign not
larger than twelve (12) square feet in
area on any one (1) or more lots, ad-
vertising the sale or letting of only
the premises on which it is maintained
and set back not less than the required
front yard distance and not lees than
ten (10) feet from each side line.
When the advertising sign Is for the
purpose of selling or leasing of acreage,
or Mqe selling of lots in a subdivision,
one (1) real estate sign, having an area
of not more than twenty-fora- (24)
square feet, will be permi~tsd on each
five hundred (500) feet to one thous-
and (1000) feet of frontage on the
highway or highways on which the
property fronts, PROVIDED said sign
is set back not less than the front yard
restrictions required and not less than
ten (10) feet from each side line and
the bottom of sign be placed not less
than three (3) feet above the ground.
If the property should have a frontage
of less than five hundred (§00) feet,
the sign permitted shall have an area
of not more than twelve (12) square
feet and the same restrictions shall
Page 2
_ re "A" Residential and Agricultural
District, no building, hereafter erec-
ted or altered, shall exceed thirty-five
(35) feet or three (3) stories.
Except public or semi-public build-
ings may be erected to a height not
exceeding fi/ty (50) feet when set back
an additional slx (6) inches on all
sides for each foot such buildinge ex-
ceed the height of thirty-five (35) feet.
at the effective date of this Ordinance,
having a total depth of less than one
hundred (I00) feet, a eingle family
dwelling may be built thereon with a
rear yard of less than twenty-five (25)
feet, when authorized as a special ex-
ception by the Board of Appeals as
hereinafter provided and PROVIDED
yard be less than fifteen (15) feet.
SECTION 309--"A" ACCESSORY
BUILDINGS--In the "A' Residential
and Agricultural District, accessory
- buildings may occupy forty (44)) per-
cent of the required rear yard up to
an average height o~ eighteen (18) feet.
The yard area allowed by such ac-
cessory buildings shall be included 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 within three
(3) feet of any lot line.
SECTION 310--OFF-STREET PARK-
Agricultural Districts, no building shall
added to in excess of fifty (50) percent
of its area prior to the adoption of
this Ordinance, toffees not ]ess than
one (1) parking space for each family
unit therein shall be provided for. For
ail places of public assembly including
auditoriums, churches and similar pub-
]ic gathering ,places erected, there shall
be provided not less than one (1) park-
seats in such buildings or for each
part of the total area within such
for providing an adequate parking
four (334) square feet per required mo-
tor vehicle unit
ABTIC'LE IV
SECTION 400--In the "R" Busines~
District, no building or premises shall
be used, and no building shall be here-
wise provided in this Ordinance, ex-
cept for one (1) or more of the tol-
l-One (1) family or two (2) family
dwellings; multiple family dwellings
(provided ali requirements as are out-
lined in "A" Residential and Agricul-
tural District are complied with).
2--Ail permitted uses as outlined in
'A" residential and Agricultural Dis-
trict.
3--Hotels, motels, motor lodges,
boarding houses and similar establish-
4--Hospitals and clinics, other than
those for infectious or contagious dis-
or liquor or drug addicts.
5--Offices, banks, financial institu-
tortes.
9--Public garages or automobile ser-
vice stations when approved as a spee-
ial exception by the Board of Appeals
as hereinafter provided.
ice manufacturing, yards for storage
and sale of coal and building materials.
fl--Newspaper offices er job printing,
book binderies, laundries, dry cleaning
or dyeing, undertaking establishments.
12--Creamery, butter or cheese
making, milk bottling or distributing
stations.
13--Shops for carpenters, plumbers,
blacksmiths, upholsterers, electricians,
tinsmiths, paper hangers, painters,
tailors, dressmakers, millinery shop,
shoemakers, jewelers, watch and clock
makers, opticians, musical or scientific
14~Commercial docks, piers, ferry
boat yards, bus stations and terminals.
15--Any manafacturing, fabricating,
treating, converting, finishing, altering
or assembling, in connection with the
aforesaid permitted uses and which is
a necessary incident and accessory to
the preparation of articles to be sold
prbnarily on the premises or to the
performing of a selwice prhnarily for
residents of the neighborhood.
with and customarily incidental to any
of the above permitted uses.
that has been adjudicated a public
SECTION 402--"B" I-IEIGHT--In
the "B" Business District, no building
hereafter erected or altered shall ex-
ceed fifty (50) feet.
~ECTION 403--"B" BUILDING
AREA~In the "B" Business District,
no building shall be erected or altered
or used in whole or in part as a dwell-
ing to exceed seventy (70) percent of
the lot area.
SECTION 404--"B" FRONT Y/kRD--
In the "B" Business Dtstrict, the re-
quired front yard shall be at least
twenty-five (25) feet.
SECTION 4O5--V~nere property in
the vicinity is partly built up with
permanent buildings and an average
setback line has been established, no
buildings hereafter erected or altered
shall project beyond the line of the
average setback so established.
SECTION 406--"B" RE.,%3{ YARD---
In the "B" Business District, if a build-
ing is used in whole or in part as a
having a mirfimum depth of fifteen
dwelling, there shaE be a rear yard
(15) feet. PROVIDED fm'ther that, in
the case such building is over forty (40)
feet high, the depth of the rear yard
shall be increased five (5) feet for
Page 3
ch ten (10) feet or fraction therof
nich the building exceeds forty (40)
feet in height.
SECTION 407--"B" DENSITY OF
POPULATION--In the "B" Business
District, no building shall hereafter b~
erected or altered t~ accommodate or
make provisions for more than twenty
(20) famfltss on one (1) acre of ground
or more than a proportional number of
families on a fractional part of any
acre of land, based on the require-
ments as outlined above.
SECTION 408--COM1VIERCIA
VERTISING BOKRDS -- In the "B"
Business District, commercial advertis-
ing boards shall not exceed six (6) feet
high by ten (10) ~eet long, the bottom
of which shall be at least three (3)
feet from the ground and so placed as
to be at least five (5) feet distant from
all street and property lines.
SECTION 409--"B" SIZE OF LOT-
AREA In the "B" Business District,
no building shall be erected or altered
five hundred (7,500) square feet or
upon a lot having a frontage of less
than fifty (50) feet.
SECTION 410 -- OFF - STREET
District, no building shall be hereafter
erected, or altered or added to in ex-
cess of fifty (50) percent of its area
prior to the adoption of this Ordinance,
street parking shall be made as follows:
(a) Hospitals -- One (I) parking
space for every four (4) beds.
(b) Theatres--One (1) Parking space
for every (7) seats.
(c) DweIIings -- One (1) parking
space for every dwelling unit
(d) Hotels -- One (1) packing space
(e) Ali places of public assembly
similar uses -- One (1) parking space
an area equivalent to seven (7) per-
manent seats.
(8) All structures where offices or
living quarters are provided over the
first floor, an additional space shall be
provided for each office or for each
dweiling unit.
(g) All other business buildings
cess of two thousand five hundred
(2,500) square feet -- One (I) parking
space for each two hundred (200)
square feet of building area or frae-
tion thereof in excess of two thousand
five hundred (2,500) square feet.
The formula for providing an ade-
quate parking area is an area of three
hundred thirty-four (334) square feet
ARTICLE
SECTION 500--In the "C" Industrial
District, all buildings and premises, ex-
cept ss otherwise provided in this
Ordinance, may be used for any use
except the following:
1--Abattoirs (except as a special ex-
ception, by the Board of Appeats
hereinafter provided).
2--Acetylene gas manufacture or gas
manufacture from coal, coke, ~etro]eum
or from any other product or the stor-
age thereof.
S--Acid manufacture.
· --Amn~oina, bleaching powder or
chlorine manufacture. &--Arsenal.
6---Asphalt manufacture.
7--Blast furnace
&-Cement, limel gypsum or plaster
of paris manufacture.
9~Coke ovens.
10--Crematories.
12--Dwellings, ali types.
13--Explosives, manufacture or stor-
l~---Fat rendering.
15--For tilizer manufacture
16--Fire works manufacture.
17--Garbage, offal or dead animals,
reduction or dmnping (except as a
special exception by the Board of Ap-
peals as hereinafter provided) .
18--Gine, size or gelatine manufac-
ture.
19--Gunpowder manufacture or stor-
age.
19A--Automobile wrecking and a{l
other junk yards
20--Oilcloth or I'inoleum manufacture.
21--Oiled, rubber or leather manufac-
ture.
22--Ore reduction.
23--Paint, oil, shellac, turpentine or
varnish manufacture.
24--Paper and pulp manufacture.
25---Petroleum refining.
36--Potash works.
aT--Rolling mill
28--Rubber or gutta percha manofac-
ture.
29--Salt works.
3~--Sauerkraut manufacture
31-~Shoe blacking or stove poiish man-
ufacture.
32--Smelting.
33-~Soap manufacture.
3~--St~ckyards or slaughter houses
(except as a special exception by the
Board of Appeals as hereinafter pro-
vided).
35--Stone mill or quarry.
36--Structural steel or pipe world.
37 Suiphuric, nitric ut- hydrochloric
acid manufacture.
38--Sugar refining.
39--Tar distillation or manufacture.
40--Tar roofing or waterproofing mem-
ufacture.
41--Tallow, grease or lard manufac-
42--Tanning, curing or storage of
44--Vinegar manufacture.
45--Yeast plant.
And in general those uses which
are authorized as a special exception
by the Board of Appeals as hereinafter
provided
SECTIBN 501--"C" REAR YARD--
In the "C" Industrial District, if a
building is Used in whole or in part as
a dwelling, there shall be a rear yard
having a minimum depth of ~fty (50)
feet.
SECTION 502--COM/~ERCIAL AD-
VERTLSING BOARDS--In the "C' In-
dustrial District, commercial advertis-
ing boards shall not exceed six (g) feet
high by ten (10) feet long, the bottom
of which shall be at least Maree (2)
feet from the ground and so placed as
to be at least five (5) feet distant from
ail street and property lines.
SECTION 503--"C' FRONT YARD~
In the "C" Industrial District, the re-
quired front yard shall be at least
thirty (30) feet, provided further that
where property is bounded on any side
by a railroad right-of-way or on a rear
line by a railroad right-of-way, there
shall be a setback along the entire
length of such railroad right-of-way
or private right-of-way of at least
thirty (30) Iest.
SECTION 504~"C" SIZE OF LOT-
AREA--In the "C" Industrial District,
no building shall be erected or altered
on a lot of an area less than twelve
thousand five hundred (12,500) square
feet or upon a 1ct with a frontage of
less than one ho-,xdred (100) feet.
SECTION 505 -- OFF - STREET
PARKING AREA--In the "C" Indus-
trial District, no building shall be
hereafter erected or altered or added
to in excess of fifty (50) percent of its
area prior to the adoption of this Ordi-
nance, unless a minimum provision for
off-street parking shall be made s~
follows:
(a) All buildings where the ground
floor area is two thousand five hundred
(2,500) square feet -- One (I) parking
space for each two hundred (200)
square feet of building area or fraction
thereof in excess of two thoUsand five
hundred (2,500) square feet.
(b) Ail places of public asesmbly --
One (1) parking space for each seven
(7) permanent seats or an area equiv-
alent to seven (7) permanent seats.
(c) All structures where offices are
provided over the first floor -- An ad-
ditional parking space shall be pro-
vided for each office.
The formula for providing an ade-
quate parking area is an area of three
hundred thirty-four (334) square feet
per required motor vehicle unit.
ARTICLE VI
Tourist Co~mps, Camp Cottages
and Trailers
SECTION 600 -- PERMITS RE-
QUIRED--No tourist camp shall be es-
tablished, maintained or operated in
any district, nor she11 any tent, tent-
hoUse, camp-cottage, house-car or
trailer, to be used or occupied as a
place for living, sleeping or eating,
whether charge is or is not made, be
erected or placed therein, unless au-
thorized by the Town Board pursuant
~o the provisions of the Trailer Camp
Ordinance dated June 30, 1953.
SECTION 604--Azticle 'vi shall not
Page 4
deemed to apply to the temporary
seasonal camp of any unit of the
Boy Scouts of America or the Girl
Scouts of America or other such ur-
ganizatious under the leadership pro-
vided by said organizatiorm r~-~POC-
ARTICLE VII
Applications and Permits
SECTION 700. It shall bo the duty
of the Building Inspector, or such per-
son as designated by the Town Board,
and he is hereby given the power and
authority to enforce the provisions of
this Ordinance.
SECTION 701--The Budding Inspec-
tor shall require that the application
for a building permit and the accom-
panying plot plan shall contain all the
information necessary to enable him
to ascertain whether the proposed
building complies with the provisions
of this Ordinance.
SECTION 702--No building permit
shall be issued until the Building In-
spector has certified that the proposed
building or addition compiles with ail
the provisions of this Ordinance.
SECTION 703--A permit will be re-
quired prior to the commencing of work
for the erection or additions to all resi-
dence, business and industrial build-
lngs. Accessory buddings including all
types of farm buildings except migrant
camps do not requh'e a permit provided
that all use, height and yard require-
ments have been complied with.
SECTION 704--All permit fees and
fees for certificates of occupancy shall
be established by the Town Board.
SECTION 70R--FUr each AppIication
or Appeal to the Board of Appeals as
hereinafter provided, there shall be a
fee of fifteen dollars ($15.00) accom-
panying the Application or Appeal.
SECTION 706--All permits ahall ex-
pire in one (I) year of issuance thereof,
the renewal Ice to be one half ('~)
the original fee.
SECTION 707-- For each proposed
change of the Ordinance or change of
the Zoning Map as provided by Section
902 of Article IX of this Ordinance,
there shall be a fee of twenty-five dol-
lars ($25.00) accompanying the petition.
Board of Appeals
SECTION 800 -- The Town Board
shall appoint a Board of Appeals con-
sisting of five (5) members as provided
by the Town Law
SECTION 801-A'~The Board of Ap-
peals, may, in a specific case after pub-
lic notice and hearing, and subject to
appropriate conditions and safeguards,
determine and vary the application of
the regulations herein established in
harmony with their general purpose
and intent as follows:
B. VARIANCE POWERS. (1VKAT-
TERS OF APPEAL TO THE BOARD
OF APPEALS).
Where there are practical difficul-
ties or unnecessary hardships in the
way of carrying out the strict lettor of
these regulations, the Board of Appeais
shall have the power to vary or mod'
the application of such regulations .
that the spirit of the Ordinance shah
be observed, public safety and welfare
secured and substantial Justice done.
C. SPECIAL POWERS AND RULES.
tional facilities, if existing, or if pro-
posed by the Town or by other com-
petent Governmental agency;
(8) To the necessity for bituminous
surfaced space for purposes of off-
street parking of vehicles incidental
to the use, and whether such space is
reasonably adequate and appropriate
and can be furnished by the owner
of the plot sought to be used within
or adjacent to the plot wherein the
use shall be had;
(g) Whether a hazard to life, limb
or property because of fire, flood,
erosion or panic may be created by
reason or as a result of the use, or
by the structures to be used therefor,
or by the inaccessibility of the prop-
erty or structures thereon for the con-
venient entry and operatoin of fire and
other emergency apparatus or by the
undue concentration or assemblage of
persons upon such plot;
(10) Whether the use, or the struc-
tures to be used therefor, will cause
an overcrowding of land or undue con-
centration of population;
(I1) Whether the plot area is suf-
ficient, appropriate and adequate for
the use and the reasonably anticipated
operation and expansion thereof; and
(12) Whether the use to be operated
is unreasonably near t0 a church,
school, theatre, recreational area or
other place of public assembly.
(c) The Board af Appeals shall, in
authorizing such permissive uses, im-
pose such conditions and safeguards
as it may deem appropriate, necessary
or desirable to pre~erve and pro,;eot
the spirit and objectives of this Or-
dinance.
(Yi) When, in its J~dgment, the public
convenience and welfare and justice
will be substantially served, and pro-
vided that the legally established or
permitted use of neighborhood proper-
ty and adjacent use districts will not
be substantially or permanently in-
~ured, the Board of Appeals may, after
public notice and hearing and subject
to appropriate conditions and safe-
guards as outlined, authorize the grant-
Lug of a permit.
(a) Where a district boundary line di-
vides ~ 10t which is proved to the satis-
faction of the Board of Appeals to have
been in single and separate ownership
at the effective date of this Ordinance,
and the total area of which lot has
not been diminished or increased since
such date, the less restricted use may
be adjusted to extend to the whole or
any part of such lot but not more than
fifty (50) feet beyond the boundary
line of the use district in which said
lot is located.
(b) If the less restricted use shall
be extended ten (10) feet or more
within a residential use district, a
permanent open space for a rear and
side yard of not less than ten (10)
feet shall be provided for and main-
tained within the lot area as so ex-
tended. Also in such event, if the less
restricted use be extended more than
Page 5
t-n (10) feet, the said minimum rear
i side yards shah be increased by
__.e (1) foot for each additional ten
(10) feet of such extension.
SECTION 802--The Board of Ap-
peals shall make rules as to the man-
ner of filing appeals or applications
for special exceptions or variances
SECTION 803--Upon the filing ~ith
the Board of Appeals of an appeal or
of an application for special exception
or variance, the Board of Appeals shall
iix a time and place for a public hear-
ing thereon and shall give notice there-
of as follows:
(a) By publishing a notice thereof
in accordance with the Town Law.
ARTICLE IX
Amendments
SECTION 900~The Towel Board
upon its own motion or by petition
may, from time to time, amend, sup-
plement, change, modify or repeal this
Ordinance including the Zoning I~ap,
by proceeding in the following manner:
SECTION 901--The Town Board by
Resolution adopted at a stated meeting
shall fix the time and place of a
public hearing on the proposed amend-
ment and cause notice thereof to be
given as follows:
(a) By publishing a notice thereof
once a week for two (2) successive
weeks in two (2) Newspapers of gen-
eral circulation published in the Town.
(b) The notices shall state the
cation and general nature of the pro-
posed amendment.
(c) The Town Board, before adver-
tising for public hearLug, shall, in a
written request, instruct the Town
Planning Board to prepare an official
report defining the conditions
scribed in a petition and determine the
area so affected with their recommen-
dation.
SECTION 902--In case, however, of
a pro,est against such change, signed
by the owners of twenty (20) percent
or more, either of the area of land
included in such proposed change, or
of that immediately adjacent thereto,
extending one hundred (100) feet
therefrom, or of that directly opposite
thereto, extending one hundred (100)
feet from the street frontage of such
opposite land, such amendment shall
not become effective except by the
favorable vote of at least four (4)
members of the Town Board.
SECTION 903--At a public Hearing,
full opportunity to be heard shah be
given to any citizen and ail parties in
interest.
ARTICLE X
General l~r ovlslons
SECT]ION 100(~In a Residential and
Agricultural District where a lot abuts
on a parkway, the lot shall be con-
sidered to front and have a front yard
on the street and also on the parkway
and where the building accords with
this section, a private accessory garage
may be incor~porated tn the building or
attached thereto regardless of distance
from streets.
SECTION 1001 -- Notwithstanding
any other provision~ of this Ordinance
all automobile or other junk yards in
existence and in effect at the date of
this ordinance shall within the ex-
piration of 3 years from same provide
suitable screening in the form of solid
fencing or hedges completely around
storage purposes, and the type of fence
or hedge shall be subject to the ap-
proval of the Planning Board.
SECTION 1002 -- Notwithstanding
- a~]y other provisions of this Ordinance,
any sign or commercial billboard in ex-
istence at the effective date ~f this Or-
dinance in a Residential and Agricul-
tural District, shall, at the expiration
of five (5) years from such date, be
discontinued. The Board of Appeals
vided.
SECTION i003--The Plannlng Board
shall study the application of this Or-
dinance and shall, from time to time,
recommend to the Town Board such
changes in the Ordinance and in the
boundaries of the various districts as
it shall deem advisable to further pro-
mote the health, safety, morals or the
general welfare of the community.
SECTION 1003a. -- All labor camps
ing and feeding of transient help re-
gardless of the number to be accom-
modated, shall first meet all require-
the residence of the employer except
as a special exception by the Board
ol Appeals. The location of any other
labor camp or caml~ not on farms shall
be subject to the approval of the Zon-
ing Board of Appeals.
SECTION 1004~In any district, no
Public Garage for more than three (3)
motor vehicles and no gasoline vending
station shall be erected or altered and
used within two hundi'ed (200) feet of
any premises used for a public school,
public library, church, hospital or or-
phanage.
SECTION 1005--PUBLIC PARKING
PLACE.S~NO public parking place
shall be conducted in any district ex-
cept as a special exception by the
Board of Appeals.
SECTION 1006--On any corner lot,
no wall, fence or other structure shall
be erected or altered, and no hedge,
tree, shrub, or other growth shall be
maintained which may cause dan~er
to traffic on a street by obscuring the
view, minimum of twenty (20) feet.
SECTION 1007 -- NON-CO1N-FORiVI-
ING USES--The lawful use of a build-
ing 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 building law-
fully acquired previous to the said date.
A non-conforming use of a building
may be changed to a use of the same
or higher classification according to
the provisions of ti~ Ordinance.
Whenever a district shall hereafter be
changed, any then existing non-con-
forming use of a building in such
changed district may be continued or
changed to a use of a similar or higher
classification, provided all other regu-
iation~ governing the new use are com-
plied with. Whenever a non-conform-
ing use of the building has been dis-
continued for a period of more than
two years, or changed to a higher
classification, or to a conforming use,
anything in this Section to the con-
trary notwithstanding, the non-con-
forming use of such building shall no
longer be permitted unless a variance
to such non-conforming use shall first
have been granted by the Board of
Appeals.
When the tidal lands are not shown as
zoned on the Zoning Map, they shall
be considered to lie within the "A"
Residential ar~l Agricultural District but
no structure erected therein shall be
erected upon such lands owned by the
Town of Southold except upon the ~p-
proval of the Board of Town Trustees.
SECTION 1009--VALIDITY~hould
any section or provision af this Or-
dinance be declared by a court of
competent jurisdiction to be invalid,
such decisions shall not effect the val-
idity of the Ordinance as a whole or
any other part thereof.
PURPOSE AND CONFLICT--In inter-
preting and applying the provisions ol
this Ordinance, they shall bo held to
the mJnimmm reqalremnts for the
promotion of the health, safety, moraks
or the general welfare of the Town. It
is not intended by this Ordinance to in-
terfere with or abrogate or annul any
Town Building Code, or any ruies and
regulations adopted or issued there-
under, or the rules and regulafions of
the Department of Health of the Coun-
ty of Suffolk, and not in conflict with
any of the provisions of this Ordin-
ance; PROVIDED, however, that
where this Ordinanoe 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 and re.clarions, the
provisions of this Ordinance shall con-
trol.
SECTION 1OII--REIvIEDIES--In case
any building or structure is erected,
cunstructed, reconstructed, altered,
paired, converted or maintained, or
any building, structure or land is used
in violation of this Ordinance, or Of
any regulations made pursuant t~lereto,
in addition to other remedies provided
by law, any appropriate action or pro-
ceeding whether by legal process or
otherwise, may be instituted, or taken
to prevent such unlawful erection, con-
strustion, reconstractiol% alteration,
pair, conversion, maintenance or use,
to restrain, correct or abut such vio-
lation, to prevent the occupancy of said
building, structure or land or to pre-
vent any illegal act, conduct, business
or use in or about such premises.
SECTION 1012 -- PENALTIES--For
any and every violation of the pro-
visions of this Ordinance, the owner,
general agent, or contractor of a build-
ing or premises, where such violations
have been committed or shall exist,
and the general agent, architect, build-
er, contractor or any other person who
knowingly commits, takes part or as-
sists in any such violation or who
maintains any building or premises in
which any such violation shall exist,
shall be guilty of a misdemeanor. Each
week's continued violation shall con-
stitute a separate additional violation.
Such fines or penalties shall be col-
lected as like fines are now collected
by law.
ADOPTED BY THE SOUTHOLD TOWN BOARD ON APRIL 9, 1957
Pnge$
~ETING CF ~PRIL 9, 19~7.
The Southo!d Town Board met at the office of ~uperVisor Norman ~. Kl~pp
at Greenport, on Tuesday~ April 9~ 1957. The meeting was called to order
at 1:30 P.M. with the following present: Super-'isor Klipp; Councilman
Albertson; Justices Tuthill~n~lark and Demarest; Supt. of Highways
Price; Town Attorney Terry Town Clerk Booth.
The Board sat at once as a committee on audit to examine claims against
the Town concluding the audit work at 2 o'clock P.M.
Moved by Councilman Albertson; se6onded by Justice Clark:
R£SOLVED: That the minutes of the previous meeting be and hereby are
duly approved as read.
Vote of Town Board: Ayes-Supervisor Kllpp~ Councilman ~lbertson;
Justices Tuthill~ Clark and Demarest.
Moved by Justice Demarest; Seconded by Justice Tuthill:
RESOLVED: That the regular monthly meeting of this Board will be held
at the office of Supervisor Nor an E. Klipp ~ at Greenport~ on Tuesd~y~
April 23~ 1957~ at 1:30 P.M. o'clock.
Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albert~on:
Justices Tuthill~ Clark and Demarest.
Eugene Mazzaferro and Benjamin Horton appeared before the Board pre-
sentin~ a petition signed by eleven residents residing on Oak Street~
on that portion which is outside the Incorporated Village of Gr~e~port~
complaining of the parking of motor vehicles on said street from o a.m.
to ~ P.M. on school days~ which o~uses a great inc~nvenience to the
residents.
Moved by Justice Cl~rk; seconded by Justice Tuthill:
RESOLVED: That parking signs be installed on both sides of Oak Street
on that portion which is outside of the Incorporated Village of Green-
port~ siad signs to re~d 2 hour parking from 8 a.m. to ~ p.m.
Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albertson;
Justices Tuthill~ Clark and Demarest.
Moved by Justice Clark; seconded by Justice Oemarest:
WHEREAS~ a resolution was adopted by the Village B~ard of the Village
of Greenport recommending that there should be harmonious and effective
development and cooperatii~e funtioning of the Town and the Village for
the interest of all concerned~ and
WHEREAS~ it was recommended that a laison committee ofthe Village Board
and the Town Board be appointed for such purpose~ and
~HEREAo~ That Town Board has in the past always endeavored to cooperate
with the Village and is desirous of further cooperation~ now~ therefore~
be it
RESOLVED: That the Supervisor be and he hereby is authorized to appoint
'~such a committee to work with a similar committee appointed by the VillAge
Board.
Dated: April 9~ 19~?.
Vote of Town Board: ~yes-Supervisor Klipp; Councilman glbertson~
Justices Tuthill~ Clark and Demarest.
Moved by Justice Cl~rk; seconded by Justice Demcrest:
h~HEREAS, all the matters and things required to be done by the Town
Low of the State of New York in order that the Town Board of the Town
of Southold~ Suffolk County~ State of New York~ may avail itself of the
powers conferred by said law have been duly comp~Ied with~
NCW, THEREFORE~ the Town Board of the Town of Southold~ Suffolk County~
New York~ by virtue o~ the authority'~ it by law invested~ hereby or-
dains ~n~ enacts the following ORDINANCE:
~.~Cz~C~ 1 SECTION 1012
The Town Clerk of the Town of Southold~ Suffolk Co~nty~ is hereby author-
ized and directed to enter this Building Ordinance in the minutes of the
Town Bo~rd~ to publish a copy thereof (e~clusive of the Building Zone
Maps incorporated herein)once in the Long Island Traveler-Mattituck ~
Watchman and in the ~uffolk Times~ to post a copy thereof together
with the m~p on ~he ~iqnboard maintained by him pursuant to Town Law~
and to file in his office affidavits of such publication and posting.
This ordinance shall take effect ten days after such pubiicstion and
posting. BY ORDER OF TH~ SOUTHOLD TOW~ ~J0ARD. Supervisor Klipp; Council-
man Albertson; Justices Tuthill~ Clark & Demarest.
~ilding Zone Ordinsnce~ Town of Southold~ Suffolk County~
New York~ is attached to the minutes of this meeting.
BUILDING ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
An ordinance classifying, regulating
and restricting the height, number of
stories, size of buildings and other
structures, the percentage of lot that
may be occupied, the size of yards and
other open spaces, the density of popu-
lation, the location and ~se of build-
ings, structures and land for trade, in-
dustry, residence and other purposes,
(provided that such regulations shall
apply to and affect only such part of
the town outside the limits of any in-
corporated village), establishing the
boundaries of districts for said pur-
poses so as to promote the health, safe-
ty, morals and general welfare of the
Town of Southold with reasonable con-
sideration, 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 binld-
ing development in accordance with a
well considered plan and a~so to estab-
lish penalties for violation of these
regulations as prescribed by the' sta-
tutes.
TABLE OF CONTENTS
Short Title Section
Article 1 Definitions I00
Article 11 Districts 200
Article III "A" Residential and
Agricultural District 300
Article IV "B" Business District 400
Article V "C" Industrial District 500
Article VI Tourist Camps, Camp
Cottages and Trailers 600
Article VII Applications and Per-
mits ~00
Article VIII Board of Appeals 800
Article IX Amendments 900
Article x General Prov/sions 1000
WHEREAS, all the matters and
things required to be done by the Town
Law of the State of New York in order
that the Town Board of the Town of
Southold, Suffolk County, State of New
York, may avail itself of the powers
conferred by said law have been duly
complied with.
NOW THEREFORE, the Town Board
of the Town of Southold, Suffolk Coun-
ty, State of New York, by virtue of
the authority in it by law invested,
hereby ordains and enacts the follow-
ing ordinance.
SECTION 1--This ordinance shall be
known and may be cited as "The
Building Zone Ordinance of the Tow~
of Southold, Suffolk County, New
York."
ARTICLE I
SECTION lO0~Definitions~For the
p~pose of this Ordinance, certain
terms and words are, herewith, defined
as follows:
Words used in the present tense in-
clude the future, the singular number
includes the plural and the plural the
the word "structure", the word "lot"
includes the word "plot" and the word
"shall" is mandatory and not directory.
singular, the word "build~J~.~ ./~.~pi~p~J[~duals who are lodging
~-",,"~,'~,'~ ,,./-, ,1~
with or without meals and in which
there are more than ten (10) rooms
usually occupied singly and no pro-
vision made for cooking in any
dividual apartment.
Land occupied or to be occupied for
the storage of old wood, paper, cloth
or metal, including old automobiles,
trucks, equipment, machinery, fixtures
and appliances not usable as orginally
designed; and also including any por-
tions of such old automobiles trucks,
equipment or machinery as are or may
be sold as and for junk or salvage.
13--LOT--Land occupied or to be oc-
cupied by a building and its accessory
buildings together with such open
spaces as are r~quired under this Or-
dinance and having its principal front-
age upon a public qtreet or officially
approved place.
i~--LOT-CORNEt~--A lot situated at
the junction of two (2) or more streets.
15 LOT-INTERIOR--A lot other
than a corner lot.
16--LOT-THROUGH--An interior lot
having frontage on two (2) streets.
17~LOT LINES--The lines bounding
a lot as defined herein.
IS--NON - CONFORMING USE--A
building or premises occupied by a use
that does not conform with the regu-
lations of the use district in which it
is situated.
19--SETBACK--The minirnum hori-
zontal distance between the street or
lot line (front, side, or rear, as the'
case may be) of the building or any
projection, thereof, excluding steps,
open terraces, and bay windows not
projecting more than five (5) feet.
20--STO~Y--That portion of a build-
ing included between the surface of
any floor and the surface of the Iloor
next above it or if there be no floor
above it, then the space between it and
the ceiling next above it.
21--STORY-HA~F--A story under a
gable, hip or gambrel roof, the wall
platss of which, on at least two (2)
opposite exterior walls, are not more
22--STRUCTURE~Anything cor~truc-
ted or erected, the use oi which re-
cation on the soil, or attached to some-
thing having a permanent location on
the soil
23~TRUCTUBA~ ALTERATIONS--
Any change in the supporting members
of a building, such as bearing walls,
columns, beanm or girders.
24--yARD--An open space on the
same lot with a building, unoccupied
and unobstructed from the ground up-
ward except as otherwise provided
herein.
25--FRONT YARD--The required
open space extending along the street
line of any street on which the-lot
abuts.
space extending along the rear tnt line
BUILDING ZONE ORDINANCE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
An ordinance classifying, regulating
and restricting the height, number of
stcZcles, size uf buildings and other
structures, the percentage of lot that
may be occupied, the size of yards and
other open spaces, the dewlty of popu-
lation, the location and ~se of build-
tugs, structures and land for trade,
dustry, residence and other purposes,
(provided that such regulations shall
apply to and affect only such part of
the town outside the limits of any
corporated village), establishing the
boundaries of districts for said pur-
poses so as to promote the health, safe-
ty, morals and general welfare of the
Town of Southold with reasonable con-
sideration, 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 build-
ing development in accordance with a
well considered plan and mso to estab-
lish penalties for violation of these
regulations as prescribed by the sta-
tutes.
TABLE OF CONTENTS
Short Title Section
Article 1 Definitions i00
Article 11 Districts 200
Article III "A" Residential and
Agricultural District 300
Article IV "B" Business District 400
Article V "C" Industrial District 500
Article VI Tourist Camps, Camp
Cottages and Trailers 600
Article VII Applications and Per-
mits 700
Article VIII Eoard of Appeals 800
Article IX Amendments 909
Article X General Provisions 1000
WHEREAS, ail the matters and
things required to be done by the Town
Law of the State of New York in order
that the Town Board of the ToWn of
York, may avail itself of the powers
conferred by said law have been duly
complied with.
NOW THEREFORE, the Town Board
of the Town of SouthoId, Suffolk Coun-
ty, State of New York, by virtue of
thc authority in it by law invested,
hereby ordains and enacts the follow-
lng ordinance.
SECTION 1--This ordinance shall be
known and may be cited as "The
Building Zone Ordinance of the To~
of Southold, Suffolk County, New
ARTICLE I
SECTION 100--Definitions---For the
purpose of this Ordinance, certain
terms and words are, herewith, defined
as follows:
Words used in the present tense hi-
clude the future, the singuIar number
includes the plural and the plural the
singular, the word "building', includes
the word "structure", the word "lot"
includes the ~ord "plot" and the word
"shall" is mandatory and not directory.
1--ACCESSORY BUILDING -- A
building, subordinate to the main build-
lng on a lot and used for purposes
customarily incidental to thuse of the
main building.
2--AN ACRE -- An acre as applic-
able to this Ordinance shah refer to
the land exclusive of street areas.
3--BOARDING AND TOURIST
HOUSES. A building other than a hotel
where lodging, with or without meals,
for six or more persons is furnished
for compensation.
4--BUILDING -- A structure having
a roof supported by wans and when
separated by a party wall without
openings, it shall be deemed a separate
building.
5--BUILDING AREA -- The aggre-
gate of the maximum horizontal cross
section area of the buildings on a lot,
excluding cornices, eaves, gutters or
chimneys projecting not more than
eighteen (18) inches, ste~s, one (1)
story open porches, bay windows, not
extending through more than one (II
story and not projecting more than
five (5) feet, balconies and terraces.
6--BUILDING HEIGHT -- The ver-
ticle distance measured from the curb
level to the highest point of the roof
surface, if a flat roof, to the deck line
of a mansard roof, and to the mean
height level between eaves and ridges
for a gabie, hip or gambrel roof PRO-
VIDED that chimneys, spires, towers,
elevator penthouses, tanks and simuiar
pro~ectlons shall not be included in
the height. For building set back from
the street line and where no curb ex-
ists, the height may be measured from
the average elevation of the ground
surrounding the building.
7--DWELLING--ONE FAMILY--A
detached building designed for or oc-
cupied exclusively by one (1) family.
8--DWELLIN~TWO FAMILY -- A
detached or semi-detached bulling
designed for or occupied exclusively by
two (2) families.
building or portion, thereof, designed
lot or occupied as a home for three (3)
or more families or households, living
independently of each other.
I(~--GARAGE-PHIVATE A building
used for the storage of one (1) or more
gasoline or other power driven vehicles
owned and used by the owner or ten-
ant of the lot on which it is erected,
and for the storage of not exceeding
two (2) additional vehicles (not trucks)
owned or used by others.
II--GA_RAGE - PLrBLIC--A building
other than a private garage, used for
housing or care of gasoline or othe~
power driven vehicles, or where such
vehicles are equipped for operation, re-
paired or kept for remuneration, hire
12--HOTEL~A building occupied as
the more or less temporary abiding
place of individuals who are lodging
Page 1
with or without meals, and in which
there are more than ten I10) rooms
usually occupied singly and no pro-
vision made for cooking in any in-
dividual apartment.
12A--AUTOMOI~ILE WR~G
AND ALL OTHER JUNK YARDS--
Land occupied or to be occupied for
the storage of old wood, paper, cloth
or metal, including old automobiles,
trucks, equipment, machinery, fixtures
and appliances not usable as orginaily
designed; and also including any por-
tions of such old automobiles trucks,
equipment or machinery as are or may
be sold as and for junk or salvage.
13--LOT--Land occupied or to be oc-
cupied by a building and its accessory
buildings together with such open
spaces as are required under this Or-
dinance and having its principal front-
age upon a public street or officially
· pproved place.
14--LOT-CORNER--A lot situated at
the junction of two (2) or more streets.
15--LOT-INTERIOR--A lot other
tban a corner lot.
16--LOT-THROUGH--An interior lot
having frontage on two (2) streets.
17--LOT LINES--The lines bounding
a lot as defined herein.
18--NON - CONI~ORMING USE--A
building or premises occupied by a use
that does not conform with the regu-
lations of the use district in winch it
is situated.
19--SETBACK--The minimum hori-
zontal distance between fhe street or
lot line (front, side, or rear, as the
case may be) of the building or any
projection, thereof, excluding steps,
open terraces, and bay windows not
projecting more than five (5) feet.
20--STORY~That portion of a build-
ing included between the surface of
any floor and the surface of the floor
next above it or if there be no floor
above it, then the space between it and
the ceiling next above it.
21--STORY-HALF--A stm'y under a
gable, hip or gambrel roof, the wall
plates of which, on at least two (2)
opposite exterior walIs, are not more
than two (2) feet above thc finished
floor of such story.
22--STRUCTURE~Anything constrac-
ted or erected, the use af which re-
quires a more or less permanent lo-
cation on the soil, or attached to some-
thing having a permanent location on
the soil.
23~TRUCTURAL ALTERATIONS--
Any change in the supporting members
of a building, such as bearing walls,
columns, beams or girders.
24--YARD--An open space on the
same lot with a building, unoccupied
and unobstructed from the ground up-
ward except as otherwise provided
herein.
(not a street line) throughout the
whole width of the lot.
27--SIDE YARD--The required open
space extending along the side lot lines
from the front yard to the rear yard.
28--SIZE OP LOT-AREA--The area
of a lot shall be the total area meas-
Ured inside all of its boundaries.
ARTICLE II
D~stricts
SECTION 200--USE DISTRICT
REGULATIONS--For the purpose of
this Ordinance, the Town of Southold,
outside of the Incorporated Villages,
is hereby divided into three (3) classes
of districts which shall be designated
"A" RESIDENTIAL AND AGRICUL-
TURAL DISTRICTS
"B' BUSINESS DISTRICTS
"C" INDUSTRIAL DISTRICTS
SECTION 201--The boundaries of
said districts are, hereby established
as shown upon the Building Zone Maps
which accompany and which, with all
shown thereon are, hereby, declared
to be part of this Ordinance, as if the
matters and things set forth by said
map were all fully described herein.
SECTION 202--No building Shall be
ises shall be USed Ior any other than a
purpose permitted in the zone in which
such building or premises is located.
SECTION 203--Tiao boundaries be-
indicated, either street lines, railroad
rights-of-way or such lines extended
or lines parallel thereto or boundaries
shown on the zoning maps between a
street and a district boundary line, they
indicate that the district boundary line
runs parallel to the street line at a
distance as so indicated. When the
location of a district boundary line
is not otherwise determined, it shaE
be determined by the scale of the map
street layout, actually on the ground,
varies from the street layout as shown
on the zoning maps, the designation
shown on the mapped streets shall
apply in such a way as to carry out
the real intent and purposes of this
Ordinance for the particular area in
question.
SECTION 204--Where a district
boundary line divides a lot in a single
ownership at the time of passage of
this Ordinance, the Board of Appeals,
as hereinafter provided, may permit
the less restricted use to extend to the
whole or any part oI such lot.
ARTICLE III
"A" Residential and Agricultural
District
SECTION 30C---In the "A" Residen-
.rial and Agricultural District, no build-
building shall be hereafter erected or
altered unless otherwise provided in
this Ordinance, except for one (1) or
more of the following uses:
1--One (1) IawAIy dwellings.
2--Churches, schools, libraries.
3--Non-commercial parks, play-
grounds, athletic fields, bathing
beaches, bathhouses or boathouses.
4---Agricultural farms, poultry farms,
nurseries, greenhouses and truck gard-
ening (does not include farms for the
raising or breeding of ducks)
5--Clubs, fraternity houses and golf
courses, except where the principal ac-
tivities are carried on as a business.
6--Railway passenger stations.
'/--Accessory buildings, including one
(1) private garage, when located not
less than fifty (50) feet from the front
lot line or a private garage within or
attached to the dwelling.
8--Uses customarily incidental to any
of the above uses when located on the
same lot and not involving the con-
duct of a separate business. This shall
be understood to include the profes-
sional office or studio of a doctor,
dentist, teacher, artist, architect, en-
gineer, musician, lawyer, magistrate or
practitioner of a similar character or
rooms used fpr home occupations in.
cluding dresSmaking, millinery or simi-
lar handicrafts, PROVIDED the office,
studio or occupational rooms are Io-
cared in a dwelling in which the prac-
titioner resides or in a building acces-
sory thereto, and PROVIDED further,
no goods are publicly displayed on the
premises and no sign or advertisement
is shown other than a sign not larger
than two (2) square feet in total area,
bearing only the name and occupation
(words only) of the practitioner.
9--The sale at retail cf Iarm garden
or nursery products produced on the
premises or of animals raised on the
premises. One (1) advertising sign or
signs not exceeding twenty-four (24)
square feet in total area advertising
the sale of farm garden or nursery
products produced on the premises or
of animals raised on the premises.
10~One (1) real estate sign not
larger than twelve (12) square feet in
area on any one (1) or more lots, ad~
vertising the sale or letting of only
the premises on which it is maintained
and set back not less than the required
front yard distance and not less than
ten (10) feet from each side line.
When the advertising sign is for the
purpose of selling or leasing of acreage,
or the selling of lots in a subdivision,
one (1) real estate sign, having an area
of not mere than twenty-four (24)
square feet, will be permitted on each
five hundred (500) feet to one thous-
and (1000) feet uf frontage on the
highway or highways on which the
property fronts, PROVIDED said sign
is set back not less than the front yard
restrictions required and not less than
ten (10) feet from each side line and
the bottom of sign be placed not less
than three (3) feet above the ground.
If the property should have a frontage
of less than five hundred (50~) feet,
the sign permitted shall have an area
of not more than twelve (12) square
feet and the same restrictions shall
Page 2
apply.
the "A" Residential and Agricultural
District, no building, hereafter erec-
ted or altered, shall exceed thirty-five
(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 back
an additional slx (6) inches on all
sides for each foot zuch buildings ex-
ceed the height of thirty-five (35) feet.
SECTION 302--"A" BITiLDINC~
AREA--In the "A" Residential and
Agricultural District, the total building
area shall not exceed twenty-five (25)
percent of the total lot area.
SECTION 303--"A' SIZE OP LOT-
AREA--In the "A" Residential and
Agricultural District, no building shall
be erected or altered on a lot of an
area less than twelve thousand five
hundred (12,500) square feet, or upon
a lot having a frontage of less than
one hundred (100) feet.
In the "A" Residential and Agricul-
tural District, the required front yard
shall be at least thirty-five (35) feet
from the street Iine.
SECTION 305--Where property In
the vicinity is partly built up with
permanent buildings and an average
setback line of more or less than thirty
five (35) feet has been established, no
buildings, hereafter erected or altered,
shall project beyond the line of the
average setback ~o established.
SECTION 305--In case of a corner
lot ol record at the time of the pas-
sage of this Ordinance, a front yard
shall be required; same to be on a line
with the average setback lines on both
streets produced to a point of inter-
section and if no average setback has
been established then a front yard,
thirty-five (35) feet deep, shall be re-
quired on each street front, or may be
decreased as a special exception by the
Board of Appeals as hereinafter pro-
vided.
SECTION 307--"A" SIDE YARDS--
In the "A" Residential and Agricultural
District, there shall be two (2) side
yards, one (1) on each side of the
buildings, the total aggregate of both
sides to be twenty-five (25) feet and
no one (1) side yard to be less than
ten (10) feet wide.
PROVIDED that, In the case of a
lot held in single and separate owner-
ship at the effective date of this Or-
dinance, of a width less than one hun-
(ired (100) feet or of an area less than
twelve thousand five hundred (12,500)
feet, a single family dwelling may be
built thereon with side yards reduced
fairy (50) percent and when further re-
duced as a special exception by the
Board of Appeals as hereinafter pro-
vided.
SECTION 308--"A" REAR YARD--
Ia the "A" Residential and Agricultur.
al District, there shall be a rear Yard
having a minimum depth of twenty-
five (25) feet.
PROVIDED that, in case o~f a lot
held in single and separate ownership
at the effective date of this Ordinance,
having a total depth of less than one
hundred (100) feet, a single ~amily
dwelling may be built thereon with a
rear yard of less than twenty-five (25)
feet, when authorized as a special ex-
ception by the Board of Appeals as
hereinafter provided and PROVIDED
Iurther that in no case shall the rear
yard be less than fifteen (15) feet.
SECTION 309--"A', ACCESSORY
BUILDINGS--In the "A' Residential
and Agricultural District, accessory
buildings may occupy forty (40) per-
cent of the required rear yard up to
an average height of eighteen (18) feet.
The yard area allowed by such ac-
cessory buildings shall be included 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 within three
(3) feet of any lot line.
SECTION 310--O17~- STREET PARK-
ING AREA In "A" Residential and
Agricultural Districts, no building shall
be hereafter erected or altered or
added to in excess of fifty (50) percent
of its area prior te the adoption of
this Ordinance, unless not ]ess than
one (i) parking space for each family
unit therein shall be provided for. For
all places of public assembly including
auditoriums, churches and similar pub-
]ic gathering places erected, there shall
be provided not less than one (1) park-
ing space for each seven (7) permanent
seats in such buildings or for each
part of the total area within such
building or structure as is or may be
made available for seven (7) perman-
ent cr temporary seats. The formula
for providing an adequate parking
area is an area of three hundred thirty-
four (334) square feet per required mo-
tor vehicle unit
ARTICLE IV
"B" Business District
SECTION 400~In the "B" Busine~
District, no building or premises shall
be used, and no building shall be here-
after erected or altered unless other-
wise provided in this Ordinance, ex-
cept for one (1) or more of the fol-
lowing uses:
1--One (1) family or two (2) family
dweIlings; multiple family dwellings
(provided ail requirements as are out-
lined in "A" Residsntial and Agricul-
tural District are complied with).
2--Ail permitted uses as outlined in
'A" residential and AgriculturaI Dis-
trict.
3--Hotels, motels, motor lodges,
boarding houses and similar establish-
merits.
4~-I-Iospitais and clinics, other than
those for infectious or contagious dis-
ea~es, or insanity or mental diseases,
or liquor or drug addicts.
5--Offices, banks, financial institu-
tions, telephone, telegraph, ga~ or elec-
tric business. 6--Stores.
7--Places of amusement.
8--Restaurants, bakery shops, con-
fectionery or ice cream shops or fac-
tories.
9--Public garages or automobile ser-
vice stations when approved as a spec-
ial exception by the Board of Appeals
as hereinafter provided.
10--~torage houses, stables, express,
carting or hauling offices or stations,
ice manufacturing, yards for storage
and sale of coal and building materials.
Il--Newspaper offices or Job printing,
book binderies, laundries, dry cleaning
or dyeing, undertaking establishments.
12--Creamery, butter or cheese
making, milk bottling or distributing
stations.
13--Shops for carpenters, plumbers,
blacksmiths, upholsterers, electricians,
tinsmiths, paper hangers, painters,
tailors, dressmakers, millinery shop,
shoemakers, jewelers, watch and clock
makers, opticians, musical or scientific
instruments, pet animals and other
trades or uses of a similar grade.
14--Commercial docks, piers, ferry
slips, ferry houses, ~ishing stations,
boat yards, bus stations and terminals.
15--Any man~factmgng, fabricating,
treating, converting, finishing, altering
or assembling, in connection with the
aforesaid permitted uses and which is
a necessary incident and accessory to
the preparation of articles to be sold
primarily on the premises or to the
performing of a service primarily for
residents of the neighborhood.
16--Accessory use on the same lot
with and customarily incidental to any
oI the above permitted uses.
SECTION 401. No building may be
erected, altered, or used, and no lot or
premises except for agriculture may be
Used for any trade, industry or bUsiness
that has been adjudicated a public
nuisance by a court of record.
SECTION 402--"B" HEIGHT--In
the "B" Business District, no building
hereafter erected or altered shall ex-
ceed fifty (50) feet.
~ECTION 403--"B" BUILDING
AREA--In the "B" Business District,
no building shah be erected or altered
or used in whole or in part as a dwell-
ing to exceed seventy (70) percent of
the lot area.
SECTION 44)4--"B- FRONT
In the "B" Business District, the re-
quired front yard shall be at least
twenty-five (25) feet.
SECTION 405--Where property in
the vicinity is partly built up with
permanent buildings and an average
setback Iine has been established, no
buildings hereafter erected or altered
shall project beyond the line of the
average setback so established.
SECTION 406--"B" REAlg YtLRD--
In the "B" Business District, if a bul]d-
lng is used In whole or in part as a
having a minimum depth of fifteen
dwelling, there shall be a rear yard
(15) feet. PROVIDED fro'thor that, in
the ca~e such building is over forty (40)
feet high, the depth of the rear yard
shall be increased five (5) feet for
Page 3
each ten (10) feet or fractio~ therof
which the building exceeds forty (40)
feet in height.
SECTION 407 "B" DENSITY OP
POPUI~TION--In the "B" Business
District, no building shall hereafter be
erected or altered t~ accommodate or
make provisions for more than twenty
(20) families on one (1) acre of ground
or more than a proportional number of
families on a fractional part of any
acre of land, based on the require-
ments as outlined above.
SECTION 408--COMMERCIAL AD-
VERTISING BOARDS -- In the "B"
Business District, commercial advertis-
ing boards shall not exceed six (6) feet
high by ten (I0) ~eet long, the bottom
of which shall be at least three (3)
feet from the ground and so placed as
to be at least five (5) ~eet distant from
ali street and property lines.
SECTION 4~ "B" SIZE OP LOT-
AREA--In the "B" Basineas District,
no building shall be erected or altered
on a lot of an area less than seventy-
five hundred (7,500) square feet or
upon a lot having a frontage of less
than fifty (50) feet.
PARKING AREA -- In "B" Business
District, no bdiIding shaft be hereafter
erected, or altered or added to in ex-
cess of fifty (50) percent of its area
prior to the adoption of this Ordinance,
unless a minimum provision for off-
street parking shall be made as follows:
(a) Hospitals -- One (1) parking
space for every four (4) beds.
(b) Theatres--One (I) Parking space
for every (7) seats.
(c) Dwellings -- One fl) parking
space for every dwelling unit
(d) Hotels -- One (1) parking space
for every fwo (2) rooms.
(e) All places of pubEc assembly
such as auditoriums, churches and for
similar uses -- One (1) parking space
for each seven (7) permanent seats or
an area equivalent to seven (7) per-
manent seats.
(I) All structures where offices or
living quarters are provided over the
first ricer, an additional space shall be
provided for each office or for each
dwelling mait.
(g) All other business buildings
where the ground floor area is in ex~
(2,500) square feet -- One (I) parking
space for each two hundred (200)
square feet of building area or frac-
tion thereof in excess o.f two thousand
five hundred (2,500) square feet.
The formula for providing an ade-
quate parking area is an area of tin'ce
hundred thirty-four (334) square feet
per required motor vehicle urdt.
ARTICLE V
"C" Industrial District
SECTION 500--In the "C" Industrial
District, ali buildings and premises, ex-
cept as otherwise provided in th~s
Ordinance, may be used Ior any use
except the following:
1--Abattoirs (except as a special ex-
ception by the Board of Appeals as
hereinafter provided).
2--Acetylene gas manufacture or gas
manufacture from coal, coke, petroleum
or from any other product or the stor-
age thereof.
3--Acid manufacture.
4--Amraonia, ble~ching powder or
chlorine manufacture.
6---Asphalt manufacture.
'/--Blast furnace
8--Cement, limej gypsum or plaster
of paris manufacture.
10--Crematories.
12--Dwellings, ail types.
13--Explosives, manufacture or stor-
15--Fertilizer manufacture
16--Fire works manufacture.
17--Garbage, offal or dead animals,
reduction or dumping (except az a
peals as hereinafter provided) .
iS--Glue, size or gelatine manufac-
ture.
I9--Gunpowder manufacture or stor-
age.
19A--Automobile wrecking and all
other junk yards
20~Oilcloth or l~noleum manufacture.
21--Oiled, rubber or leather manufac-
ture.
22--Ore reduction.
23--Paint, oil, shellac, turpentine or
varnish manufacture.
24--Paper and pulp manufacture.
25---Petroleum refining.
26---Potash works.
28--Rubber or gutta percha manufac-
ture.
29--Salt works.
30--Sauerkraut manufacture
31~hoe blacking or stove psiish man-
ufacture.
32--Smelting.
33-~Soap manufacture.
3~--Stockyards or slaughter houses
(except as a special exception by the
Board of Appeals as hereinafter pro-
vided).
35--Stone miil or quarry.
36---Structural steel or pi~oe works.
3'/--Sufphuric, nitric cr hydreohloric
acid manufacture.
38--Sugar refining
39--Tar distillatio~ or manufacture.
40--Tar roofing or waterproofing man-
41--Tallow, grease or lard manufac-
42--Tanning, curing or storage of
~--Tobacco (chewing) manufacture
44--Vinegar manufacture.
45---Yeast plant.
And in general those uses which
are authorized as a special exception
by the Board of Appeals as hereinafter
provided
SECTfON 501--"C,, REAR YA~,D--
In the "C" Industxial District, if a
building is used in whole or in part as
a dwelling, there shalI be a rear yard
having a minimum depth of ~fty (50)
feet.
SECTION 502---CO~ERCIAL AD-
be deemed to apply to the temporary
or seasonal camp of any unit cd the
Boy Scouts of America or the Girl
Scouts of America or other such or-
gaufzations under the leadership pro-
Vided by said organizations re~pec-
ARTICLE VII
shall have the power to vary or modify
the application of such regulations so
that the spirit of the Ordinance shall
be observed, public safety and welfare
secured and substantial Justice done.
C. SPECIAL POWERS ~ RULES
tional facilities, if existing, or if pro-
posed by the Town or by other com-
petent Governmental agency;
(8) To the necessity for bituminous
surfaced space for purposes af off-
street parking of vehicles incidental
to the use, and whether such space is
reasonably adequate and appropriate
and can be furnished by the owner
of the pict sought to be used within
or adjacent to the plot wherein the
use shall be had;
(9) Whether a hazard to life, limb
or property because of fire, flood,
erosion or panic may be created by
reason or us a result of the use, or
by the structures to be used therefor,
or by the inaccessibility of the prop-
erty or structures thereon for the con-
venient entry and operatoin of fire and
other emergency apparatus or by the
Undue concentration or assemblage of
persons upon such plot;
(10) Whether the use, or The struc.
tures to be used therefor, will cause
an overcrowding of land or undue con-
centration of population;
(11) Whether the plot area Is suf-
ficient, appropriate and adequate for
the use and the reasonably anticipated
operation and expansion thereof; and
(12) Whether the use to be operated
is unreasonably near to a church,
school, theatre, recreational area or
other place of public assembly.
(c) The Board af Appeals Shall, in
authorizing such permissive uses, ira.
pose such conditions and safeguards
as it may deem appropriate, necessary
or desirable to preserve and Protect
the spirit and objectives of this Or-
dinance
(II) ~rhen, in its )Udgment, the public
convenience and welfare and justice
will be substantially served, and pro-
vided that the legally established or
permitted use of neighborhood proper-
ty and ;adjacent use districts will not
be substantially or permanently in-
~ured, the Board of Appeals may, after
public notice and hearing and subject
to appropriate conditions and safe-
guards as outlined, authorize the grant-
ing of a permit.
(a) Where a district boundary line di-
vides ,a lot which is proved to the satis-
faction of the Board of Appeals to have
been in single and separate ownership
at the effective date of this Ordinance,
and the total area of which lot has
not been diminished or increased since
such date, the less restricted use may
be adjusted to extend to the whole or
any part of such lot but no't more than
fifty (50) feet beyond the boundary
line of the use district in which said
lot is located.
(b) If the less restricted use shall
be extended ten (10) feet or more
Within a residential use district, a
permanent open space for a rear and
side yard of not less than ten (10)
feet shall be provided for and main-
tained within the lot area as so ex-
tended. Also in such event, If the less
restricted use be extended more than
Page 5
ten (10) ,feet, the said minimum rear
and side yards shah be increased by
one (1) foot for each additio~al ten
(10) feet of such extension.
SECTION 802--The Board of Ap-
peals shall make rules as to the man-
ner of filing appeals or applications
for special exceptions or variances
SECTION 803--Upon the filing ~dth
the Board of Appeals of an appeal or
of an application for special exception
or variance, the Board of Appeals shall
fix a time and place for a public hear-
ing thereon and shall give notice there-
of as follows:
(a) By publishing a notice thereof
in accordance with the Town Law.
ARTICLE IX
Amendmente
SECTION 900--The Town Board
upon its own motion or by petition
may, from time to time, amend, sup-
plement, change, modify or repeal this
Ordinance including the Zoning Map,
by proceeding in the Iollowing mamner:
SECTION 901--The Town Board by
Resolution adopted at a stated meeting
shall fix the time and place of a
public hearing on the proposed amend-
ment and cause notice thereof to be
given as follows:
(a) By publishing a uotice thereof
once a week for two (2) successive
weeks in two (2) Newspapers of gen-
exal circuIation published in the Town.
(b) The notices shall state the Io-
cation and general natm-e of the pro-
posed amendment.
(c) The Town Board, before adver-
tising for public hearing, shall, in a
written request, instruct the Town
Planning Board to prepare an official
report defining the conditions de-
scribed in a petition and determine the
area so affected with their recommen-
dation.
SECTION 902--In case, however, of
a protest against such change, signed
by the owners af twenty (20) percent
or more, either of the area of land
included in such proposed change, or
of that immediately adjacent thereto,
extending one hundred (100) feet
therefrom, or of that directly opposite
thereto, extending one hundred (100)
feet from the street frontage of such
opposite land, such amendment shah
not become effective except by the
favorable vote of at least four (4)
members of the Town Board.
SECTION 903--At a public Hearing,
full opportUnity to be heard shall be
given to any citizen and ail parties in
interest.
ARTICLE X
(~eneral Provisions
SECTION 1005--In a Residential and
Agricultural District where a lot abuts
on a parkway, the lot shall be con-
sidered to front and have a front yard
on the strect and also on the parkway
and where the building accords With
this section, a private accessory garage
may be incorporated in the building or
attached thereto regardless of distance
from streets.
SECTION 1001 -- Notwithstanding
any other provisions of this ordinance
all automobile or other junk yards in
existence and in effect at the date of
this ordinance shall witina the ex-
piration of 3 years from same provide
suitable screening in the form of solid
fencing or hedges completely around
the periphery of the area used for such
storage purposes, and the type of fence
or hedge shall be subject to the ap-
proval of the Planning Board.
SECTION 1002 -- Notwithstanding
a~y other provisions of this Ordinance,
any sign or con~nercial billboard in ex-
istenze at the effective date of tins Or-
dinaace in a Residential and Agricul-
tural District, shall, at the expiration
of five (5) years from such date, be
discontinued. The Board of Appeals
may, however, permits its continuance
as a special exoeption as herein pro-
vided.
SECTION 100S--On any corner lot,
no wail, fence or other structure shall
be erected or altered, and no hedge,
tree, shrub, or other growth shah be
maintained which may cause danger
to traffic on a street by obscuring the
view, minimum of twenty (20) feet.
INO USES--The lawful use o~ a build-
ing existing on the effective date of
tins 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 building law-
fully acquired previous to the said date.
A non-conforming use of a building
may be changed to a use of the same
or higher classification according to
the provisions of tins Ordinance.
W~enever a district shall hereafter be
cha~ged, any then existing non-con-
forming use of a building in such
changed district may be continued or
changed to a use of ~ similar or ingher
classification, provided all other regu-
lations governing the new use are com-
ing use of the building has been dis-
continued for a period of more than
two years, or changed to a higher
any%hing in this Section to the con-
trary notwithstanding, the non-con-
forming use of such building shall no
longer be permitted unless a variance
to such non-conforming use shall first
have been granted by the Board of
Appeals.
SECTION 1908 -- 2~-DAL LANDS~
V~rhen the tidal lands are not shown as
zoned on the Zoning Map, they shall
be considered to lie within the "A'
Residential and Agricultural District but
erected upon such lands owned by the
Town of Southold except upon the alp-
SECTION 1009--VALIDITY~hodid
any section or provision af this Or-
dinance be declared by a court of
competent Jurisdiction to be invalid,
such decisions shaI1 not effect the val-
idity of the Ordinance ~ a Whole or
any other part thereof.
PURPOSE AND COIq~CT--In inter-
preting and applying the provisions af
this Ordinance, they shah be held to
be the ruiinmum requiremnts for the
promotion of the health, safety, morals
or the general welfare of the Town. It
is not intended by this Ordinance to in-
terfere with or abrogate or annul any
Town Building Code, or any rules and
regulations adopted or issued there-
under, or the rules and regulations of
the Department of Health of the Coun-
ty of Suffolk, and not in conflict with
any of the provisions of this Ordin-
ance; PI~OVIDED, however, that
where this Ordinanoe 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 and regalations, the
provisions of this Ordinance shall con-
trol.
SECTION 1011--REMEDIES--In case
any building or structure is erected,
constructed, reconstructed, altered, re-
paired, 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 law, any appropriate action or pro-
ceeding whether by legal process or
otherwise, may be instituted, or taken
to prevent such unlawful erection, con-
struction, reconstruction, alteration,
pair, conversion, maintenance or use,
to restrain, correct or abut such vio-
lation, to prevent the occupancy of said
building, structure or land or to pre-
vent any illegal act. conduct, business
or use in or about such premises
SECTION 1012 -- PEN~LTIE~--i~or
a~y and every violation of the pro-
visions of this Ordinance, the owner,
general agent, or contractor of a build-
ing or premises, where such violations
have been committed or shall exist,
and the general agent, architect, build-
er, contractor or any other person who
knowingly commits, takes part or as-
sists in any such violation or who
maintains any building or premises in
which any such violation shall exist,
shall be guilty of a misdemeanor. Each
week's continued violation shall con-
stithte a separate additional violation.
Such fines or penalties shall be col-
lected as like fines are now collected
by law.
ADOPTED BY THE SOUTHOLD TOWN BOARD ON APRIL 9, 1957
Page 0
'?, i~ ?~CT validating~ ratifying, approvCng and
confirming the acts and proceedings heretofore
~aken b.y the town board of the town of Soutnold,
Suffolk Count}, in connection with the building
zone ordinance adopted by sucl~ tewn board on
~pril 9, 1957.
Section 1. ~11 acts and proceedings of t~e town board of the town of
!-'3our:hold, in the C.._~ant,~ ~,f Suffolk~ in connection with the adoption and
enactment b:, s~ch board of a building zc~ne ordinance which was adopted on
the n~nth da,y of April, n~neteen handred ~if~y-seven are hereby declared
?legal and val/dated in alt respects, and ali. proceedings and r~cts ~utn~>rized
~hereby, and all acts, proceedings and things heretofore undertaken,
};erformed or done wi~ch reference thereto, are hereby va, lidate~J, ratified,
confirmed, ;~i)proved and declared legal in all respects notwithstanding a
fail~re to post or pablish a copy of suc~l ordinance, or the map adopted in
con,]anctmn therewith or incorporated therein and/or a failure ad file
affidavits of the posting and publication thereof wi~h ti~e tow~'~ clerk.
Section 3. 'l:his act shall take effect immediately.