HomeMy WebLinkAboutAC & R-80 Zoning Amend 2003 RECEIVED
(~:~ ~] 2003
Southold Tow. Cler~
D~PARq'MP'NT OF' PLANNING
COUN-rY OF SUFFOLK
SUFFOLK COUNTY F_XECUTIVE
October 28, 2003
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
'"r,9
Town Clerk
Town of Southold
Application of the Town Board to amend the zoning ordinance and map for
the Agricultural and Conservation (A-C) and Low Density R-80 districts in
the Town of Southold (Resolution #705).
Gentlemen:
Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the above captioned application will not be reviewed until the following
information is submitted through the offices of the municipal referring agency.
1. A copy of the notice of public hearing;
2. Recommendations of the Town Planning Bom'd; and
A composite zoning map of the Town of Southold depicting the respective AC and R-80
areas in red (or other color) with accompanying acreage. Also, if available a map
depicting the protected and unprotected farms within the same AC and R-80 areas.
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
cc: Valerie Scopaz, Director of Planning, Town of Southold
G ICCHORNYtZONI~GIZONINGIWO~KINGIINCI2OO31$D#7OS OCT
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southald, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 705 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 21, 2003:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to transmit the proposed local law entitled, "A Local Law in relation to Amending
Chaoter 100 'Zoning' of the Code of the Town of Sonthold to create a new Article solely for
the A~ricnltnral- Conservation iA-C) and Low Density Residential R-80 Districts, to
amend the orovisions of the A~ricultural- Conservation (A-C) and Lmv Density Residential
R-80 Districts ~overnin~ uses and subdivisions, and to amend certain sections of Chaoter
100 to conform to the new Article" to thc Southold Town Planning Board, the Suffolk County
Department of Planning, New York State Department of Agricultural and Markets, Southold
Town Agricultural Advisory Committee, the Southold Town Land Preservation Department &
Committee for their recommendations and reports.
The proposed Local Law reads as follows:
LOCAL LAW NO. 2003
A Local Law in relation to Amending Chapter 100 'Zoning' of the Code of the Town of
Southold to create a new Article solely for the Agricultural- Conservation (A-C) and Low
Density Residential R-80 Districts, to amend the provisions of the Agricultural- Conservation
(A-C) and Low Density Residential R-80 Districts governing uses and subdivisions, and to
amend certain sections of Chapter 100 to conform to the new Article.
Be it enacted by the Town Board of the Town of Southold as follows:
Section 1. Legislative Intent
The goals of the Town of Southold, which derive from the shared vision held by residents and
local public officials and have been consistently and repeatedly identified in over 20 years of
comprehensive planning documents and study's are:
· to preserve land including open space, recreation and working landscapes;
· to preserve rural, cultural, historic character of the hamlets and surrounding
countryside;
· to preserve its natural environment; to prevent further deterioration of resources and
to restore degraded resoumes back to pristine or near pristine quality;
· to preserve and promote a range of housing and business opportunities that would
support a socio-economically diverse community focusing specifically on affordable
housing issues; and
· to increase transportation efficiency and to create attractive alternatives to automobile
travel, while preserving the scenic and historic attributes of the Town, State, County
and local roadways.
In 2002 the Blue Ribbon Commission proposed further clarification of these goals in
putting forth the stated goals of preserving a minimum of 80% farmland and open space of at-
risk lands, while reducing density by 60%. The Town Board hereby adopts the Blue Ribbon
Commissions goals of preserving a minimum of 80% of the remaining Farmland, 80% of the
remaining Open Space and a reduction in density of 60%. Since the recommendation was made
by the Blue Ribbon Commission these goals have been widely accepted by the community and
local public officials.
In August, 2002 the Town Board of the Town of Southold adopted a moratorium on
residential subdivisions and multi-family developments requiring site plan approval. In adopting
the moratorium the Town Board found that "increased growth and development were placing
severe pressure on the water supply, agricultural lands, open and recreational space, rural
character, natural resources, and transportation infrastructure of the Town. The Town's unique
environment, geography, and hydrology impose distinct limitations on the shape, design and
intensity of residential development that can be reasonably sustained without endangering public
health, safety and welfare." The purpose of the moratorium specifically stated that several
inter-related planning initiatives should be considered: the recommendations of the Blue Ribbon
Commission; affordable housing issues; the Local Waterfront Revitalization Program (LWRP);
and public infrastructure. The complex inter-relationship of these issues required sufficient time
to formulate an effective implementation strategy. To that end, a working group was formed by
the Town Board. During four intensive sessions held during the month of September 2002 the
group examined the Town's needs, resources and database. This review indicated a need to
translate the various studies, recommendations, committee input, commission reports, staff
efforts and Town Board initiatives into a cohesive plan (package of legislations and procedures
that will implement the Town's Vision). This project was called the Comprehensive
Implementation Strategy ("CIS").
The CIS involved the evaluation and, where appropriate, implementation by the Southold Town
Board of the recommended planning and program tools and measures as described in the
planning studies undertaken within the Town over the past 20 years. Recommendations
contained in these studies and plans were reviewed in terms of current Town needs and goals, to
achieve the Town's vision as articulated in those documents.
Those recommendations were considered by the Town Board for implementation in the form of
amendments to Town procedures and to the Town Code and various Town regulations, in
conformance with the Town's Comprehensive Planning. The Town Board initially considered
all prior recommendations, with an emphasis on those that protect farmland and open space,
promote affordable housing; maintain and enhance character of hamlet centers, and preserve
natural resources.
The Board solicited inter-agency and public input, and considered potential impacts under a
public forum provided through a Generic Environmental Impact Statement (GEIS) procedure.
The proposed amendments provide a separate and distinct Article within the Zoning Chapter for
the A-C and R-80 zoning districts and seek to implement the following planning initiatives with
regard to the A-C and Ro80 zoning districts:
· Clarify building envelopes, size and review;
· Clarify allowed agricultural practices;
· Exclude inappropriate special permit and accessory uses;
· Provide accessory structure requirements;
· Increase the minimum lot size from 80,000 to 200,000 square feet;
· Provide a means to consider previously created lots as pre-existing conforming lots;
· Provide exceptions for land preservation projects that meet Town preservation targets as
specified in the Local Law, including an incentive with regard to reduced lot size
requirements;
· Provide subdivision requirements which specifically incorporate Town land preservation
targets of 80% open space/farmland;
· Provide an incentive to create an affordable (in perpetuity) lot/single family house.
The proposed amendments increase allowable lot size, remove inappropriate uses from
farmland and open space areas, codify open space requirements, provide appropriate incentives
to achieve Town land preservation targets, and assist in part with affordable housing incentives,
while generally providing more explicit guidance in the code. The amendments are consistent
with the Town goals and the Southold CIS, GEIS and Findings in re-structuring the A-C and R-
80 districts in a manner that reflects the agricultural use and importance to the Town of the A-C
& R-80 zoning districts, and addressing the environmental sensitivity of R-80 zoned lands.
The Town's proposed Agricultural-Conservation (A-C) and Residence-80 (R-80) zoning
amendments have been formulated as a result of and in conformance with the Town's
Comprehensive Planning and the Comprehensive Implementation Strategy (CIS). Maintain rural
character and historic farm use that is part of the economic vitality of the Town.
Add in that the A-C and R-80 Zoning Districts contain the overwhelming majority of the
Town's remaining farmland and open space.
Section 2. Chapter 100 of the Code of the Town of Southold is hereby amended to add a new
Article, to be known as Article HA as follows:
ARTICLE IIA
Agricultural-Conservation (A-C) District and Low Density Residential R-80 Districts
~ 100-20A. 1 Purpose.
The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-
80 Zoning Districts is to reasonably control and, to the extent possible, prevent the unnecessary
loss of those currently open lands within the town containing large and contiguous areas of prime
agricultural soils which are the basis for a significant portion of the town's economy and those
areas with sensitive environmental features, including aquifer recharge areas and bluffs. In
addition, these areas provide the open rural environment so highly valued by year-round
residents and those persons who support the Town of Southold's recreation, resort and second-
home economy. The economic, social and aesthetic benefits which can be obtained for all
citizens by limiting loss of such areas are well documented and have inspired a host of
governmental programs designed, with varying degrees of success, to achieve this result. For its
part, the town is expending large sums of money to protect existing farm acreage. At the same
time, the town has an obligation to exercise its authority to reasonably regulate the subdivision
and development of this land to further the same purposes while honoring the legitimate interests
of farmers and other farmland owners".
~ 100-20A.2. Use Regulations.
In the AC & R-80 Zoning Districts, no builcFmg or prerrfises shall be used and no building or
part of a building shall be erected or altered which is arranged, intended or designed to be used,
in whole or in part, for any uses except the following:
A. Permitted uses
1) One-Family detached dwellings, not to exceed one dwelling on each lot.
i. If the lot is over six (6) acres (240,000 square feet) than the followin~ conditions
apply:
(a) .The total area covered by all principal and accessory buildings shall not
exceed twenty percent (20%) of the area of the lot.
1. Impervious surfaces, driveways, varkin~ lots, lawns shall all be included
in calculatin~ the 20% lot coverage;
2. All accessory structures and buildings shall be located within 200 feet of
the principal building;
3. Land used in agricultural production or open space shall not be included in
calculatin~ the 20% lot coverage.
2) The following agricultural operations and accessory uses thereto, inclucVlng irrigation,
provided that there shall be no storage of manure, fertilizer or other odor- or dust-
producing substance or use, except spraying and dusting to protect vegetation, within 150
feet of any lot line:
(a) The raising of field and garden crops, vineyard and orchard farming, the
maintenance of nurseries and the seasonal sale of products grown on the premises.
(b) The keeping, breeding, raising and training of horses, domestic animals and fowl
(except ducks) on lots of 10 acres or more.
(c) Bams, storage buildings, greenhouses (including plastic covered) and other
related structures, provided that such buildings shall conform to the yard
requirements for principal buildings.
(d) The retail sale of local produce from structures of less than 20 square feet floor
area shall be set back at least 10 feet from any lot line.
3) Buildings, structures and uses owned or operated by the Town of Southold, school
districts, park districts and fire districts.
3) Wineries which meet the following standards:
(a) The winery shall be a place or premises on which wine made from primarily Long
Island grapes is produced and sold;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard
or other agricultural purposes, and which is owned by the winery owner;
(c) The winery structures shall be set back a minimum of 100 feet from a major road;
and
(d) The winery shall obtain site plan approval.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as special exception by the Board of Appeals, as hereinafter provided, and, the uses
are subject to site plan approval by the Planning Board:
1) Two family dwellings not to cxceed one (1) such dwclling on cach lot.
l)
g) Places of worship, including parish houses (but excluding a rectory or parsonage,
which shall conform to the requirements for a one-family dwelling), subject to the
following requirements:
(a) No building or part thereof shall be erected nearer than fifty (50) feet to any street
line and nearer than twenty (20) feet to any lot line.
(b) The total area covered by all principal and accessory buildings shall not exceed
twenty pement (20%) of the area of the lot.
3) Private elementary or high schools, colleges and other educational institutions, subject to
the following requirements:
(a) No building shall bo less than fifty (50) fect from any street or lot line.
(b) The total area occupied by all principal and accessory buildings shall not exceed
twenty percent (20%) of the area of tho lot.
(c) Any school shall be a nonprofit organization within thc meaning of the Internal
Rcvanue Act and shall be registered effectively thereunder as such.
(d) Any such school shall occupy a lot with an area of not less than five (5) acres plus
one (1) acre for each twenty five (25) pupils for which the building is designed.
4) Nurser), schools.
5) [Amended 12 27 1994 byL.L. No. 30 1994; 11 12 1996 byL.L. No. 20 1996]
Philanthropic, eleemosynary or religious institutions, health care, continuing care and life
facilities, but excluding facilities for the treatment of all t)?es of drug addiction, subject
to the following requirements:
a. No building or part thereof or an), parldng or loading area shall be located within
one hundred (100) feet of any street line nor within fifty (50) feet of any lot linc.
b. The total area covered by principal and accessory buildings shall not exceed
twenty percent (20%) of the area of the lot.
c. The maximum height shall be thirty five (35) feet or two and one half(2 1/2)
(d) The entire lot, except areas occupied by buildings or parking or loading areas,
shall be suitably landscaped and properly maintained.
(e) Any health care, continuing care or life care facility shall meet the following
standards:
[ 1 ] All buildings shall be of fire resistive construction.
[2] All such uses shall be served by adequate water and sewer systems
approved by thc Suffolk County Department of Health.
[3] Patients suffering from communicable diseases shall not be permitted in
any nursing home or sanatorium. (Communicable diseases are defined by
the Sanitary Code of thc Public Health Council of the State of New York.)
[4] Eight thousand (8,000) square feet of lot area shall be provided for each
patient bed.
2) 6-) Public utility rights-of-way as well as structures and other installations necessary to
serve areas within the town, except that wireless communication facilities must obtain
approval pursuant to Article XVI, subject to such conditions as the Board of Appeals
may impose in order to protect and promote the health, safety, appearance and general
welfare of the community and the character of the neighborhood in which the proposed
structure is to be constructed.
(7) [Amended 12 27 1994 by L.L. No. 30 1994; 12 8 1998 by L.L. No. 26 1998] Beach
clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory
pla)grounds, beaches, swimming pools, tennis courts, recreational buildings and
maintenance buildings catering exclusively to members and their guests, subject to the
following requirements:
a. No building or part thereof or any parking or loading area shall be located within
100 feet of any street line or within 50 foot of any lot line.
b. Thc total area covered by principal and accessory buildings shall not exceed 20%
of the area of the lot.
c. No such use shall occupy a lot with an area of less than three acres.
(8) Children's recreation camps organized primarily for seasonal usc and subject to the
following requirements:
a. No building, tent, activity area or recreation facility shall be less than two hundred
(200) foot 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 bc not lass than thirty (30)
feet from each other, except tents, which shall be not less than ten (10) feet apart.
b. The minimum lot area shall be not less than ten thousand (10,000) square feet for
each cottage, tent or other principal building and not less than three thousand
(3,000) square feet of land area shall be provided for each person accommodated
in tho buildings or tents on the promises.
(b) (c)ENThe sound level of all outdoor public address systems shall not exceed the
intensity tolerable in a residential neighborhood.
3) (9) Farm labor camps, subject to the following requirements:
a) All farm labor camps on farms shall be construed in conformance with applicable
laws and shall not be located nearer to any other residence than the residence of
the employer, except by specific review and approval of the Planning Board
(10) Veterinarian's offices and animal hospitals, subject to the following requirements:
(a) The housing of all arfimals shall be in a fully enclosed structure, if nearar than one
hundred fifty (150) feet to any lot line.
4) (1 I) Cemeteries
5) (12) Stables and riding academies
6) (13) One (1) accessory apartment in an existing one-family dwelling, subject to the
following requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as
the owner's principal residence. The other dwelling unit shall be leased for year-
round occupancy, evidenced by a written lease for a term of one (1) or more
years.
(c) The existing one-family dwelling shall contain not less than one thousand six
hundred (1,600) square feet of livable floor area.
(d) The accessory apartment shall contain not less than four hundred fifty (450)
square feet of livable floor area.
(e) The accessory apartment shall not exceed forty percent (40%) of the livable floor
area of the existing dwelling unit.
(f) A minimum of three (3) off-street parking spaces shall be provided.
(g) Not more than one (1) accessory apartment shall be permitted on a lot.
(h) The accessory apartment shall meet the requirements of a dwelling unit as defined
in § 100-13 hereof.
(i) The exterior entry to the accessory apartment shall, to the maximum extent
possible, retain the existing exterior appearance of a one-family dwelling.
(j) All exterior alterations to the existing building, except for access to the apartment,
shall be made on the existing foundation.
(k) The certificate of compliance shall terminate upon the transfer of title by the
owner or upon the owner ceasing to occupy one (1) of the dwelling units as the
owner's principal residence. In the event of an owner's demise, the occupant of an
accessory apartment may continue in occupancy until a new owner shall occupy
the balance of the dwelling or one (1) year from date of said demise, whichever
shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993]
(1) All conversions shall be subject to the inspection of the Building Inspector and
renewal of the certificate of occupancy annually. [Amended 5-20-1993 by L.L.
No. 6-1993]
(re)The building which is converted to permit an accessory apartment shall be in
existence and have a valid certificate of occupancy issued prior to January 1,
1984, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No.
6-1993]
(n) The existing building, together with the accessory apartment, shall comply with
all other requirements of Chapter 100 of the Town Code of the Town of Southold.
(o) Notwithstanding the provisions of § 100-3 lB hereof, no site plan approval by the
Planning Board shall be required for the establishment of an accessory apartment.
(p) Approval by the Suffolk County Department of Health Services of the water
supply and sewage disposal systems shall be required.
(q) No bed-and-breakfast facilities, as authorized by § 100-3 lB(14) hereof, shall be
permitted in or on prenfmes for which an accessory apartment is authorized or
exists. [Added 3-14-1989 by L.L. No. 3-1989]
14) [Amended 3 1~1 1989byL.L. No. 3 1989; 2 7 1995 by L.L. No. 3 1995] Bcd and
breakfasts which have boon issued a bed and breakfast permit by thc Building Inspector.
Said permit shall be issued for a term of one (1))'ear if the following conditions are met:
(a) A smoke alarm shall be provided on each floor and in every guest room.
(b) The dwelling shall have at least two (2) exits and there shall be a window large
enough for emergency ogress in each guest room.
(c) The identification sign shall be no larger than two (2) square feet in areas zoned
Residential Office or higher, but there shall bc no exterior signag¢ identifying the
use as a bed and breakfast in residential areas.
(d) No accessory apartment, as authorized by § 100 31B(13) hereof, shall be
permitted in or on premises for which a bed and breakfast facility is authorized or
15) Historical society. [Added 11 12 1996 by L.L. No. 20 1996]
C. Accessory uses, limited to the following uses and subject to the conditions listed in section
1V herein:
1) Any customary structures or uses which are customarily incidental to the principal use,
except those prohibited by this chapter.
2)
Home occupation, including home professional office and home business office. In
permitting these uses, the Town Board recognizes that the residents historically have
operated small businesses which provide services to the community from their homes.
The Board finds that these businesses have not impacted negatively on the appearance of
these residential zones. In the Board's judgment, it finds that in order to m~dmtain the
economic viability of the town, to maintain the rural quality of life and in the interests of
the welfare of the residents, these businesses (or home occupations) should be permitted
to continue. In setting forth the following subsections, the Board intends to permit as of
right certain business uses in residential zones with the understanding that these uses are
to be conducted in a manner that will not alter the character of the residential
neighborhoods. The Board believes that the following subsections provide sufficient
safeguards to accomplish that aim. These uses shall be permitted, provided that:
(a) No display of products shall be visible from the street, and no stock-in-trade shall
be kept on the premises.
(b) Such occupation is incidental to the residential use of the premises and is carried
on in the main building by the residents therein with not more than one (1)
nonresident assistant for whom off-street parking must be provided on site.
(c) Such occupation is carded on in an area not to exceed twenty-five percent (25%)
of the area of all floors of the main building, and in no event shall such use
occupy more than five hundred (500) square feet of floor area.
(d) There shall be no exterior effect at the property line, such as noise, traffic, odor,
dust, smoke, gas, fumes or radiation.
(e) Studios where dancing or music instruction is offered to groups in excess of five
(5) pupils at one (1) time or where concerts or recitals are held are prohibited.
(f) In no manner shall the appearance of the building be altered, nor shall the
occupation be conducted in a manner that would cause the premises to lose its
residential character, including but not limited to the use of colors, materials,
construction or lighting.
(g) Notwithstanding anything set forth elsewhere in this Article, home occupations,
home business offices and home professional offices shall in no event be deemed
to include animal hospitals, kennels, barbershops, beauty parlors, clinics or
hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist
homes, rooming houses or boardinghouses and uses similar to those listed above.
(h) Home occupations, home business office and home professional offices shall not
include manufacturing, fabrication or construction of any type on the site.
(i) The outdoor storage of equipment necessary for residents connected with
aquaculture shall be screened from view and shall conform to the setbacks for
accessory structures.
3) Boat docking facilities for the docking, mooring or accommodation of noncommercial
boats, subject to the following requirements:
(a) There shall be docking or mooring facilities for no more than two (2) boats other
than those owned and used by the owner of the premises for his personal use.
(b) The Town Trustees shall approve new boat docking facilities.
(c) Boats at such docking facilities shall not be used for overnight sleeping purposes.
4) Garden house, toolhouse, storage building, playhouse, wading pool, swimming pool or
tennis court incidental to the residential use of the premises and not operated for gain,
subject to the following requirements:
(a) Any swimming pool shall be completely enclosed with a permanent chain link (or
similar type) fence of not more than two-inch mesh, not less than four (4) feet in
height, erected, maintained and provided with a self-closing, self-latching gate to
prevent unauthorized use of the pool and to prevent accidents. However, if said
pool is located more than four (4) feet above the ground, then a fence is not
required, provided that all points of access to said pool are adequately protected
by a self-closing, self-latching gate. Any swimming pool in existence at the
effective date of the provisions of this subsection shall, within one (1) year from
such date, comply with all of the provisions hereof.
(b) Individual outdoor tennis court related to residential use on a lot containing a
single-family detached dwelling, provided that the same is set back not less than
six (6) feet from all lot lines and that there is no lighting for after dark use.
5) Private garages; provided, however, that not more than two (2) passenger automobile
spaces in such garages may be leased to persons not resident on the premises.
6) Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-
street parking spaces shall be permitted within the minimum front yard.
7) The storage of either a boat or travel trailer owned and used by the owner or occupant of
the premises on which such boat or travel trailer is store_d, for his personal use, subject to
§ 100-191 Q, Supplemental parking regulations, and the following requirements:
(a) Such boat or trailer shall not exceed thirty (30) feet in length.
(b) Such boat or trailer shall be stored only in the required rear yard, and the area
occupied thereby, together with the area of all buildings in the rear yard, shall not
exceed forty percent (40%) of the area of the required rear yard.
(c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot
line.
8) Horses and domestic animals other than household pets, provided that such animals shall
not be housed within forty (40) feet of any lot line. Housing for flocks of more than
twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line.
9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal
property owned by the occupant of the premises and located thereon, subject to the
following requirements:
(a) Not more than one (1) such sale shall be conducted on any lot in any one (1)
calendar year.
(b) Adequate supervised parking facilities shall be provided.
(c) No signs, except one (1) on-premises sign not larger than six (6) square feet in
size displayed for a period of not longer than one (1) week immediately prior to
the day of such sale, shall be permitted.
(d) A permit shall be obtained therefor from the Town Clerk upon the payment ora
fee of fifteen dollars ($15.).
(e) The display permit issued by the Town Clerk shall be posted on the premises so it
can be read from the street and removed before sundown on the day of the sale.
I0) Wineries may have an accessory gift shop on the premises which may sell items
accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and
display of wine, books on winemaking and the region and nonspecific items beating the
insignia of the winery. Wineries may not have a commercial kitchen as an accessory use
but may have a noncommemial kitchen facility for private use by the employees.
11) Child care.
{ 100-20A.3. Accessory Buildings.
In the A-C and R-80 Zoning Districts, accessory buildings and structures or other accessory uses
shall be located in the required rear yard, subject to the following requirements:
A. Such buildings shall not exceed eighteen (18) feet in height.
B. Setbacks.
1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set
back no less than three (3) feet from any lot line.
2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine
thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back
no less than five (5) feet from any lot line.
3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999)
square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet,
such buildings shall be set back no less than ten (10) feet from any lot line.
4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999)
square feet, such buildings shall be set back no less than twenty (20) feet from any lot
line.
C. In the case ora waterfront parcel, accessory buildings and structures may be located in the
front yard, provided that such buildings and structures meet the front-yard setback
requirements as set forth by this Code.
§ 100-20A.4 Bulk, Area and Parking Regulations
A. No buildin~ or premises shall be used and no buildin~ or part thereof shall be erected or
altered in the AC or R-80 District unless the same conforms to the Bulk, Area and Parking
Schedule incorporated into this chapter with the same force and effect as if such regulations
were set forth herein full.
B. Pre-existin~ conformin~ lot:
1) A lot created by Plannin~ Board a~proval since the adoption of the two (2) acre minimum
lot size in the A-C and R-80 zonin~ districts before the enactment of this Local Law
which were not further sub-dividable based on the two (2) acre minimum lot size shall be
treated as a conformin~ lot for all pumoses.
A lot recoemized by section 100-24 and 100-25 of the Town Code which was not further
sub-dividable based on the two (2) acre minimum lot size in the A-C and R-80 zoning
districts before the enactment of this Local Law shall be treated as a conformin~ lot for
all purposes.
C. Exceptions
For all purposes including subdivision, parcels of property which meet the following
criteria are subject to Bulk Schedule "XX" found at the end of this chapter and shall not
follow the Bulk Schedule for the A-C and R-80 zoning districts:
(a) a parcel of property where interests or rights in real property (the fee or any lesser
interest, development rights, easement, covenant, or other contractual d~ht ) to at
least seventy five pement (75%) of that parcel were sold or gifted (for pur0oses
of permanent preservation) to either the Town of Southold (pursuant to either
chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk: the
Peconic Land Trust; the Nature Conservancy; New York State or the United
States of America prior to the effective date of this local law;
(b) a parcel of property where an executed contract (dated vrior to the effective date
of this local law) exists to either sell or gift interests or rights in real property
(the fee or any lesser interest, development rights, easement, covenant, or other
contractual dvaht ~ to at least seventy five percent (75%~ a portion of that parcel
(for purooses of permanent preservation) to either the Town of Southold (pursuant
to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk;
the Peconic Land Trust; the Nature Conservancy; New York State; or the United
States of America;
(c) a parcel of property for which the Town Board granted a waiver under the
moratorium on residential subdivisions or multi-family residential developments
requiring site plan approval.
~100-20A.5 Subdivision.
A. Any subdivision application for a parcel of property in the A-C & R-80 zoning district must
comply with all of the provisions of Chapter A106 entitled Subdivision of Land and
ARTICLE XVIII, Cluster Development except that the followin~ additional conditions and
requirements apply:
1)
80% (eighty percent) preservation cluster reouirement:
(a) This 80% preservation cluster reonirement shall only apply to parcels of property
6-acres (240,000 sq. ft.) or larger.
(b) Any subdivision of a lot in this district must be a clustered subdivision.
(c) Maximum lot size of a buildable clustered lot shall be fort,/thousand (40,000)
square feet.
(d) At least 80% of the parcel shall be subdivision open space except:
(e)
if the affordable lot option set forth below is choosen. In that case at least 75%
of the parcel shall be subdivision oven space or permanently preserved as
described in the affordable lot option section; or
(f) under the conditions set forth in section "e" below.
(g)
The number of lots that could be created shall be determined from a held may. If
the applicant chooses a reduced yield subdivision the lot size for any or all lots
can be increased. However, in no case shall the subdivision open space be less
than eighty percent (80%/of the parcel unless the affordable lot option set forth
below is exercised except that no lot shall be required to be less than one (1) acre
in size even if this results in less than 80% of the parcel being preserved
(h)
The subdivision open space shall be known as the "A~ricultural Reserve Area"
and shall be designated as such on the filed subdivision map. The subdivision
open space from each lot shall be combined into a single large lot. The covenants
and restrictions placed on the subdivision open space shall limit the use such to
the following:
(i) aghcultural production or open space.
(j) these covenants and restrictions shall be recorded with the County Clerk of the
County of Suffolk.
(k)
Am-icultural Reserve Area: The applicant [shall have the option] of either
attachin~ one of the lots that could be created as a buildin~ envelol)e to a large lot
containim, all of the subdivision open space from the clustered subdivision or
havin~ the subdivision open space remain a separate and distinct lot with no
bttildin~ envelope.
B. Affordable Lot Option-
1) All parcels of property 6-acres (240,000 sq. ft.) or lar~er shall be entitled to an affordable
lot (in addition to all lots the applicant could ~et under a subdivision) if the following
conditions are met:
(a) A covenant and restriction running with the land in perpetuity and recorded with
the County Clerk of the County of Suffolk is placed on this additional lot
establishin~ the followin~ conditions:
i. The first sale and/or change in title to this lot can be to either an: (1)
Immediate Family Member; or (2) to a moderate-income family as defined
in Section 100-51 of the Southold Town Code; and
ii. any subsequent sale must be to a moderate-income family as defined in
Section 100-51 of the Southold Town Code; and
iii. The covenant and restriction would be enforceable by the Town Board,
Plannin~ Board or Director (as defined in section 100-51 of the Town
Code)
iv. An unimproved or improved lot created pursuant to this section which
chan~es ownership because of the death of an owner shall not be
considered a "sale" under section ii above.
(b) At least seventy five (75%) of the parcel must be subdivision oven space or
preserved for purooses of permanent preservation, by sale or ~ift, to either the
Town of Southold (vursuant to either charter 6, 25 or 59 of the Southold Town
Code); the County of Suffolk; the Peconic Land Trust; the Nature Conservancy;
New York State or the United States of America.
Section 3. Article III of Chapter 100 Zoning of the Southold Town Code is hereby amended as
follows:
ARTICLE m, Agricultural Conservation (A C) District and Low-Density Residential,~t~ ,~,~,°n R-
120, R-200 and R-400 Districts
§ 100-30. Purpose.
The purpose of the Agricultural Conservation (A C) District and the Low-Density Residential
R 80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible,
prevent the unnecessary loss of those currently open lands within the town containing large and
contiguous areas of prime agricultural soils which are the basis for a significant portion of the
town's economy and those areas with sensitive environmental features, including aquifer
recharge areas and bluffs. In addition, these areas provide the open rural environment so highly
valued by year-round residents and those persons who support the Town of Southold's
recreation, resort and second-home economy. The economic, social and aesthetic benefits which
can be obtained for all citizens by limiting loss of such areas are well documented and have
inspired a host of governmental programs designed, with varying degrees of success, to achieve
this result. For its part, the town is expending large sums of money to protect existing farm
acreage. At the same time, the town has an obligation to exercise its authority to reasonably
regulate the subdivision and development of this land to further the same purposes while
honoring the legitimate interests of farmers and other farmland owners.
§ 100-31. Use regulations.
In A C, R 80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered ~vhich is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
§ 100-32. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or altered
in the A C, R 80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk
Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if
such regulations were set forth herein full.
§ 100-33. Accessory buildings.
In the Agricultural Conservation District and Low-Density Residential R 80, R-120, R-200 and
R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the
required rear yard, subject to the following requirements:
ARTICLE IliA, Low-Density Residential R-40 District
§ 100-30A.2. Use regulations.
In an R-40 District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
A. Permitted uses:
Same as § 100-3lA of the Agricultural Conservation District .R-120, except that wineries are
excluded.
B. Uses permitted by special exception of the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals, as hereinafter provided, and
subject to site plan approval by the Planning Board:
1) Same as § 100-3lB of the Agricultural Conservation R-120 District, except that a
children's recreation camp, farm labor camp and veterinarian's office and animal hospital
are not permitted and bed-and-breakfast uses do not require site plan approval.
C. Accessory uses, limited to the following:
1) Same as § 100-31C of the Agricultural Consorvation R-120 District.
§ 100-30A.4. Accessory buildings.
Accessory buildings shall be subject to the same requirements as § 100-33 of the Agricultural
Conservation District R-120 District.
ARTICLE 1V, Hamlet Density (HD) Residential District
§ 100-42. Use regulations.
In the HD District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any use except the following:
B. Uses permitted by special exception by the Board of ADl~eals. The followine uses are
permitted as a special exception by the Board of Appeals, as hereinafter provided, and
subiect to site plan approval by the Plannin~ Board:
2) Accessory apartments in single-family residences as set forth in and regulated by § 100-
31B(13) of the Agricultural Conservation R-120 District.
C. Accessory uses, limited to the following:
2) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7), (9) and (11) of
the Agricultural Conservation R-120 District, and subject to conditions set forth in § 100-
33 thereof.
ARTICLE VI, Resort Residential (RR) District
§ 100-61. Use regulations.
In the RR District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any use except the following:
A. Permitted uses.
1) Any permitted use set forth in and as regulated by § 100-3lA of the Agricultural
Conservation R-120 District, except that wineries are excluded.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided and are
subject to site plan approval by the Planning Board:
1) Any special exception use set forth in and as regulated by § 100-3lB(I), (6), (7) and (13)
of the Agricultural Conz~rvation R- 120 District.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
1) Any accessory use set forth in and as regulated by § 100-31C(1) through (7) of the
Agricultural Conservation R-120 District.
ARTICLE VII, Residential Office (RO) District
§ 100-71. Use regulations.
In the Residential Office (RO) District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except the following:
B. Uses permitted by special exception by the Board of Appeals. The followin~ uses are
permitted as a special exception by the Board of Appeals as hereinafter provided and subiect
to site plan approval by the Plannin~ Board, provided that not more than one use shall be
allowed for each 40,000 stluare feet of lot area:
1) Special exception uses as set forth in and regulated by § 100-31 B(1) through (7) of the
Agricultural Con~rvation R- 120 District.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the
Agricultural Conservation .R-120 District and subject to the conditions set forth in § 100-
33 thereof.
ARTICLE VIII, Limited Business (LB) District
§ 100-81. Use regulations.
In the LB District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
A. Permitted uses. The following uses are permitted uses. All permitted uses except single-
family and owner-occupied two-family residences require site plan approval.
1) Any permitted use as set forth in and regulated by § 100-3lA of the Agricultural
Conservation R-120 District except wineries, which shall be as set forth in Subsection
A(9) below.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided and are
subject to site plan approval by the Planning Board:
1) Any special exception use as set forth in and regulated by § 100-3lB of the Agricultural
Conservation R_.:120 District, except that wineries are not required to be in connection
with a vineyard, and except bed-and-breakfasts.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
l) Any accessory use as set forth in and regulated by § 100-31C(1) through (8) and (10) of
the Agricultural Conservation Rq20 District, and subject to the conditions set forth in §
100-33 thereof
ARTICLE IX, Hamlet Business (HB) District
§ 100-91. Use regulations.
In the HB District, no building or premises shall be used and no building or part ora building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
A. Permitted uses. The following are permitted uses and, except for those uses permitted under
Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning
Board:
l) Any permitted use set forth in and regulated by § 100-31A(I) and (3) of the Agricultural
Conservation R-120 District.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided, subject to
site plan approval by the Planning Board:
1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (13)
and (14) of the Agricultural Conservation R-120 District.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are subject to Article XX, are subject to site plan
review:
l) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the
Agricultural Conservation R-120 District, and subject to the conditions set forth in § 100-
33 thereof.
ARTICLE X, General Business (B) District
§ 100-101. Use regulations.
In the B District, no building or premises shall be used and no building or part thereof shall be
erected or altered which is arranged, intended or designed to be used, in whole or in part, for any
uses except the following:
A. Permitted uses. The following uses are permitted uses and, except for those uses permitted
under Subsection A(1) hereof, are subject to site plan approval by the Planning Board:
1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) of the Agricultural
Conscrvation Rq20 District.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to
site plan approval by the Planning Board:
1) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and
regulated by § 100-3 lB(14) of the Agricultural Conservation R-120 District, except that
no site plan approval is required.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
1) Accessory uses set forth in and as regulated by § 100-31C(1) through (8) and (10) of the
Agricultural Conservation R-120 District, subject to the conditions set forth in § 100-33
thereof.
ARTICLE XI, Marine I (MI) District
§ 100-111. Use regulations.
In an M1 District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the
Agricultural Conservation R-120 District, and subject to the conditions of § 100-33
thereof.
ARTICLE Xll, Marine II (MII) District
§ 100-121. Use regulations.
In the MII District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following [one (1) use per eighty thousand (80,000) square feet of land
above mean high water, unless otherwise specified]:
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
1) Accessory uses as set forth in and regulated by § 100-31C(l) through (7) of the
Agricultural Conservation R-120 District, and subject to the conditions of § 100-33
thereof.
ARTICLE XVIII, Cluster Development
§ 100-181. Applicability.
A. On lots of ten (10) or more acres in the Agricultural Conservation, the R-40 and R ~°0
Districts and the Low-Density Residential R-120, R-200 and R-400 Districts, clustering will
be required, subject to the following conditions:
1) The residential use will be single-family detached homes for lot sizes of thirty thousand
(30,000) square feet or larger and detached or attached houses for lot sizes less than thirty
thousand (30,000) square feet.
2) The density of these homes will be as specified in the particular district and determined
as indicated in Subsection C below.
3) The minimum lot size shall be:
(a) Without public water and sewer: thirty thousand (30,000) square feet.
(b) With public water: twenty thousand (20,000) square feet.
(c) With public water and sewer: ten thousand (10,000) square feet.
B. In the Low-Density Residential Districts, to wit, the A C Agricultural Conservation, R 80,
R-120, R-200 and R-400 Districts, clustering is permitted and may be mandated by the
Planning Board in the exercise of discretion without the requirement that the owner make
written application for the use of such procedure.
BULK SCHEDULE "XX"
Minimum Recluirements for
1 family detached dwellings
Lot Size (square feet) 80,000
Lot width (feet) 175
Lot depth (feet) 250
Front Yard (feet) 60
Side Yard (feet) 20
Both Side yards (feet) 45
Rear yard (feet) 75
Livable floor area (souare
Feet per dwellin~ tm/t)
850
Maximum permitted
Dimensions:
Lot Coverage (percent)
Buildine Height (feet)
Number of Stories
20
35
2 1/2
Section 4. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this
law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 5. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOlhMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sout holdtown.nor th fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 29, 2003
RE:#705 regarding a proposed Local Law to create
a new Article solely for the Agricultural-
Conservation (A-C) and Low Density R-80 District;
Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971\
Dear Mr. Orlowski:
Our Town Attorney Gregory Yakaboski sent me the attached corrected resolution number 705
this morning with the explanation that he had sent the wrong draft to me initially. Please replace
the one I sent you on October 23, 2003 with the enclosed copy.
A certified copy of this resolution is attached.
Please prepare an official report defining the Planning Board's recommendations with regard to
this proposed local law and forward same to me at your earliest convenience. These proposed
local laws have also been sent to the Southold Planning Board, Suffolk County Planning
Department, the New York State Agriculture & Markets, the Southold Town Agricultural
Advisory Cormnittee and the Southold Town Land Preservation Committee for their review.
Should you have any questions, please do not hesitate to contact me. Thank you.
Very truly yours,
Southold Town Clerk
Enclosures (1)
cc: Town Board
Town Attorney
ELIZABETH A. NEVILLE
TovtrN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOR.MATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765~6145
Telephone (631) 765~1800
sour holdtown.nor thfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 29, 2003
RE:#705 regarding a proposed Local Law to create
a new Article solely for the Agricultural-
Conservation (A-C) and Low Density R-80 District;
Melissa Spiro, Department Head
Land Preservation Department
53095 Main Road
Southold, New York 11971
Dear Ms. Spiro:
Our Town Attorney Gregory Yakaboski sent me the attached corrected resolution number 705
this morning with the explanation that he had sent the wrong draft to me initially. Please replace
the one I sent you on October 23, 2003 with the enclosed copy.
A certified copy of this resolution is attached.
Please prepare an official report defining the Planning Board's recommendations with regard to
this proposed local law and forward same to me at your earliest convenience. These proposed
local laws have also been sent to the Southold Planning Board, Suffolk County Planning
Department, the New York State Agriculture & Markets, the Southold Town Agricultural
Advisory Committee and the Southold Town Land Preservation Committee for their review.
Should you have any questions, please do not hesitate to contact me. Thank you.
Very truly yours,
Southold Town Clerk
Enclosures (1)
cc: Town Board
Town Attorney
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTP. AR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown,nor t hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 29, 2003
RE: #705 regarding a proposed Local Law to create
a new Article solely for the Agricultural-
Conservation (A-C) and Low Density R-80 District
Kenneth Grudens
New York State Agriculture & Markets
1 Winners Circle
Albany, New York 12235
Dear Mr. Grudens:
Our Town Attorney Gregory Yakaboski sent mc the attached corrected resolution number 705
this morning with the explanation that he had sent the wrong draft to me initially. Please replace
the one I sent you on October 23, 2003 with the enclosed copy.
A certified copy of this resolution is attached.
Please prepare an official report defining the Planning Board's recommendations with regard to
this proposed local law and forward same to me at your earliest convenience. These proposed
local laws have also been sent to the Southold Town Planning Board, the New York State
Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold
Town Land Preservation Department & Committee for their review. Should you have any
questions, please do not hesitate to contact me. Thank you.
Very truly yours
~Ne~ville~
Southold Town Clerk
Enclosures (1)
cc: Town Board
Town Attorney
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOHMATIOIq OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.novthfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October29, 2003
RE:#705 regarding a proposed Local Law to create
a new Article solely for the Agricultural-
Conservation (A-C) and Low Density R-80 District;
Thomas Isles, Director of Planning
Suffolk County Depamnent of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Isles:
Our Town Attorney Gregory Yakaboski sent me the attached corrected resolution number 705
this morning with the explanation that he had sent the wrong draft to me initially. Please replace
the one I sent you on October 23, 2003 with the enclosed copy.
A certified copy of this resolution is attached.
Please prepare an official report defining the Planning Board's recommendations with regard to
this proposed local law and forward same to me at your earliest convenience. These proposed
local laws have also been sent to the Southold Planning Board, Suffolk County Planning
Department, the New York State Agriculture & Markets, the Southold Town Agricultural
Advisory Committee and the Southold Town Land Preservation Committee for their review.
Should you have any questions, please do not hesitate to contact me. Thank you.
Very truly yours,
Southold Town Clerk
Enclosures (1)
cc: Town Board
Town Attorney
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 705 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 21, 2003:
RESOLVED that the Town Board of thc Town of Southold hereby authorizes and directs the
Town Clerk to transmit the proposed local law entitled, "A Local Law in relation to Amending
Chapter 100 'Zoning' of the Code of the Town of Southold to create a new Article solely for
the Agricultural- Conservation (A-C) and Low Density Residential R-80 Districts, to
amend the I~rovisions of the A~ricultural- Conservation (A-C) and Low Density Residential
R-80 Districts ~overnin~ uses and subdivisions, and to amend certain sections of Chapter
100 to conform to the new Article" to the Sonthold Town Planning Board, the Suffolk County
Department of Planning, New York State Department of Agricultural and Markets, Southold
Town Agricultural Advisory Committee, the Southold Town Land Preservation Department &
Committee for their recommendations and reports.
The proposed Local Law reads as follows:
LOCAL LAW NO. 2003
A Local Law in relation to Amending Chapter 100 'Zoning' of the Code of the Town of
Southold to create a new Article solely for the Agricultural- Conservation (A-C) and Low
Density Residential R-80 Districts, to amend the provisions of the Agricultural- Conservation
(A-C) and Low Density Residential R-80 Districts governing uses and subdivisions, and to
amend certain sections of Chapter 100 to conform to the new Article.
Be it enacted by the Town Board of the Town of Southold as follows:
Section 1. Legislative Intent
The goals of the Town of Sonthold, which derive from the shared vision held by residents and
local public officials and have been consistently and repeatedly identified in over 20 years of
comprehensive planning documents and study's are:
· to preserve land including open space, recreation and working landscapes;
· to preserve rural, cultural, historic character of the hamlets and surrounding
countryside;
· to preserve its natural environment; to prevent further deterioration of resources and
to restore degraded resources back to pristine or near pristine quality;
· to preserve and promote a range of housing and business opportunities that would
support a socio-economically diverse community focusing specifically on affordable
housing issues; and
· to increase transportation efficiency and to create attractive alternatives to automobile
travel, while preserving the scenic and historic attributes of the Town, State, County
and local roadways.
In 2002 the Blue Ribbon Commission proposed further clarification of these goals in
putting forth the stated goals of preserving a minimum of 80% farmland and open space of at-
risk lands, while reducing density by 60%. The Town Board hereby adopts the Blue Ribbon
Commissions goals of preserving a minimum of 80% of the remaining Farmland, 80% of the
remaining Open Space and a reduction in density of 60%. Since the recommendation was made
by the Blue Ribbon Commission these goals have been widely accepted by the community and
local public officials.
In August, 2002 the Town Board of the Town of Southold adopted a moratorium on
residential subdivisions and multi-family developments requiring site plan approval. In adopting
the moratorium the Town Board found that "increased growth and development were placing
severe pressure on the water supply, agricultural lands, open and recreational space, rural
character, natural resources, and transportation infrastructure of the Town. The Town's unique
environment, geography, and hydrology impose distinct limitations on the shape, design and
intensity of residential development that can be reasonably sustained without endangering public
health, safety and welfare." The purpose of the moratorium specifically stated that several
inter-related planning initiatives should be considered: the recommendations of the Blue Ribbon
Commission; affordable housing issues; the Local Waterfront Revitalization Program (LWRP);
and public infrastructure. The complex inter-relationship of these issues required sufficient time
to formulate an effective implementation strategy. To that end, a working group was formed by
the Town Board. During four intensive sessions held during the month of September 2002 the
group examined the Town's needs, resources and database. This review indicated a need to
translate the various studies, recommendations, committee input, commission reports, staff
efforts and Town Board initiatives into a cohesive plan (package of legislations and procedures
that will implement the Town's Vision). This project was called the Comprehensive
Implementation Strategy ("CIS").
The CIS involved the evaluation and, where appropriate, implementation by the Southold Town
Board of the recommended planning and program tools and measures as described in the
planning studies undertaken within the Town over the past 20 years. Recommendations
contained in these studies and plans were reviewed in terms of current Town needs and goals, to
achieve the Town's vision as articulated in those documents.
Those recommendations were considered by the Town Board for implementation in the form of
amendments to Town procedures and to the Town Code and various Town regulations, in
conformance with the Town's Comprehensive Planning. The Town Board initially considered
all prior recommendations, with an emphasis on those that protect farmland and open space,
promote affordable housing; maintain and enhance character of hamlet centers, and preserve
natural resources.
The Board solicited inter-agency and public input, and considered potential impacts under a
public forum provided through a Generic Environmental Impact Statement (GEIS) procedure.
The proposed amendments provide a separate and distinct Article within the Zoning Chapter for
the A-C and R-80 zoning districts and seek to implement the following planning initiatives with
regard to the A-C and R-80 zoning districts:
· Clarify building envelopes, size and review;
· Clarify allowed agricultural practices;
· Exclude inappropriate special permit and accessory uses;
· Provide accessory structure requirements;
· Increase the minimum lot size from 80,000 to 200,000 square feet;
· Provide a means to consider previously created lots as pre-existing conforming lots;
· Provide exceptions for land preservation projects that meet Town preservation targets as
specified in the Local Law, including an incentive with regard to reduced lot size
requirements;
· Provide subdivision requirements which specifically incorporate Town land preservation
targets of 80% open space/farmland;
· Provide an incentive to create an affordable (in perpetuity) lot/single family house.
The proposed amendments increase allowable lot size, remove inappropriate uses from
farmland and open space areas, codify open space requirements, provide appropriate incentives
to achieve Town land preservation targets, and assist in part with affordable housing incentives,
while generally providing more explicit guidance in the code. The amendments are consistent
with the Town goals and the Southold CIS, GEIS and Findings in re-structuring the A-C and R-
80 districts in a manner that reflects the agricultural use and importance to the Town of the A-C
& R-80 zoning districts, and addressing the environmental sensitivity of R-80 zoned lands.
The Town's proposed Agricultural-Conservation (A-C) and Residence-80 (R-80) zoning
amendments have been formulated as a result of and in conformance with the Town's
Comprehensive Planning and the Comprehensive Implementation Strategy (CIS). Maintain rural
character and historic farm use that is part of the economic vitality of the Town.
Add in that the A-C and R-80 Zoning Districts contain the overwhelming majority of the
Town's remaining farmland and open space.
Section 2. Chapter 100 of the Code of the Town of Southold is hereby amended to add a new
Article, to be known as Article IIA as follows:
ARTICLE IIA
Agricultural-Conservation (A-C) District and Low Density Residential R-80 Districts
~ 100-20A. 1 Purpose.
The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-
80 Zoning Districts is to reasonably control and, to the extent possible, prevent the unnecessary
loss of those currently open lands within the town containing large and contiguous areas of prime
agricultural soils which are the basis for a significant portion of the town's economy and those
areas with sensitive environmental features, including aquifer recharge areas and bluffs. In
addition, these areas provide the open rural environment so highly valued by year-round
residents and those persons who support the Town of Southold's recreation, resort and second-
home economy. The economic, social and aesthetic benefits which can be obtained for all
citizens by limiting loss of such areas are well documented and have inspired a host of
governmental programs designed, with varying degrees of success, to achieve this result. For its
part, the town is expending large sums of money to protect existing farm acreage. At the same
time, the town has an obligation to exemise its authority to reasonably regulate the subdivision
and development of this land to further the same purposes while honoring the legitimate interests
of farmers and other farmland owners".
~ 100-20A.2. Use Regulations.
In the AC & R-80 Zoning Districts, no building or premises shall be used and no building or
part of a building shall be erected or altered which is arranged, intended or designed to be used,
in whole or in part, for any uses except the following:
A. Permitted uses
1) One-Family detached dwellings, not to exceed one dwelling on each lot.
i. If the lot is over six (6) acres (240,000 square feet) than the following conditions
apply:
(a) .The total area covered by all vrincinal and accessory buildings shall not
exceed twenty percent (20%) of the area of the lot.
1. Imvervious surfaces, driveways, parldng lots, lawns shall all be included
in calculating the 20% lot coverage;
2. All accessory structures and builffangs shall be located within 200 feet of
the principal building;
3. Land used in a~ricultural production or oven svace shall not be included in
calculatin~ the 20% lot coverage.
2) The following aghcultural operations and accessory uses thereto, including irrigation,
provided that there shall be no storage of manure, fertilizer or other odor- or dust-
producing substance or use, except spraying and dusting to protect vegetation, within 150
feet of any lot line:
(a) The raising of field and garden crops, vineyard and orchard farming, the
maintenance of nurser/es and the seasonal sale of products grown on the premises.
(b) The keeping, breeding, raising and training of horses, domestic animals and fowl
(except ducks) on lots of I0 acres or more.
(c) Bams, storage buildings, greenhouses (including plastic covered) and other
related structures, provided that such buildings shall conform to the yard
requirements for principal buildings.
(d) The retail sale of local produce from structures of less than 20 square feet floor
area shall be set back at least 10 feet from any lot line.
3) Buildings, structures and uses owned or operated by the Town of Southold, ~hool
districts, park districts and fire districts.
3) Wineries which meet the following standards:
(a) The winery shall be a place or premises on which wine made from primarily Long
Island grapes is produced and sold;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard
or other agricultural purposes, and which is owned by the winery owner;
(c) The winery structures shall be set back a minimum of 100 feet from a major road;
and
(d) The winery shall obtain site plan approval.
B_.~. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as special exception by the Board of Appeals, as hereinafter provided, and, the uses
are subject to site plan approval by the Planning Board:
1) Two family dwellings not to exceed one (1) such dwelling on each lot.
1)
2-) Places of worship, including parish houses (but excluding a rectory or parsonage,
which shall conform to the requirements for a one-family dwelling), subject to the
following requirements:
(a) No building or part thereof shall be erected nearer than fifty (50) feet to any street
line and nearer than twenty (20) feet to any lot line.
(b) The total area covered by all principal and accessory buildings shall not exceed
twenty percent (20%) of the area of the lot.
3) Private elementary or high schools, colleges and other educational institutions, subject to
tho following requirements:
(a) No building shall be less than fifty (50) feet from any street or lot line.
(b) The total area occupied by all principal and accessory buildings shall not exceed
twenty percent (20%) of the area of the lot.
(c) Any school shall be a nonprofit organization within the meaning of the Internal
Revenue Act and shall be registered effectively thereunder as such.
(d) Any such school shall occupy a lot xvith an area of not less than five (5) acres plus
one (1) acre for each twenty five (25) pupils for which the building is designed.
'1) Nurser), schools.
5) [Amended 12 27 1994 byL.L. No. 30 199~1; 11 12 1996 byL.L. No. 20 1996]
Philanthropic, eleemosynary or religious institutions, health care, continuing care and life
facilities, but excluding facilities for the treatment of all types of drug addiction, subj est
to the following requirements:
a. No building or part thereof or any parking or loading area shall be located within
one hundred (100) fect of any street line nor within fifty (50) foot of any lot line.
b. The total area covered by principal and accessory buildings shall not exceed
twenty percent (20%) of the area of the lot.
c. The maximum height shall be thirty five (35) feet or two and one half(2 1/2)
stc,~cs.
(d) The entire lot, except areas occupied by buildings or parking or loading areas,
shall be suitably land,aped and properly maintained.
(e) Any health care, continuing care or life care facility shall meet the following
standards:
[ 1 ] All buildings shall be of fire resistive construction.
[2] All such uses shall be served by adequate water and sewer systems
approved by tho Suffolk County Department of Health.
[3] Patients suffering from communicable diseases shall not be permitted in
any nursing home or sanatorium. (Communicable di~asos are defined by
the Sanitary Code of the Public Health Council of tho State of New York.)
[4] Eight thousand (8,000) square fect of lot area shall be provided for each
patient bed.
2) 6-) Public utility rights-of-way as well as structures and other installations necessary to
serve areas within the town, except that wireless communication facilities must obtain
approval pursuant to Article XVI, subject to such conditions as the Board of Appeals
may impose in order to protect and promote the health, safety, appearance and general
welfare of the community and the character of the neighborhood in which the proposed
structure is to be constructed.
(7) [Amended 12 27 1994 by L.L. No. 30 1994; 12 8 1998 by L.L. No. 26 1998] Beach
clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and aeccssory
playgrounds, beaches, swimming pools, tennis courts, recreational buildings and
maintenance buildings catering exclusively to members and their guests, subject to the
following requirements:
a. No building or part thereof or any parking or loading area shall be located ~vithin
100 feet of any street line or within 50 feet of any lot line.
b. The total area covered by principal and accessory buildings shall not exceed 20%
of tho area of thc lot.
c. No such usc shall occupy a lot with an area of less than three acres.
(8) Children's recreation camps organized primarily for seasonal use and subject to the
folloxving requirements:
a. No building, tent, activity area or recreation facility shall bo loss 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 thc Planning Board.
Buildings intended for use as sleeping quarters shall be not less than thirty (30)
feet from each other, except tents, which shall be not less than ten (10) feet apart.
b. The minimum lot area shall be not less than ten thousand (10,000) square feet for
each cottage, tent or other principal building and not less than three thousand
(3,000) square foot of land area shall be provided for each person accommodated
in the buildings or tents on the premises.
(b) (c)ENThe sound level of all outdoor public address systems shall not exceed the
intensity tolerable in a r~idential neighborhood.
3) (-9) Farm labor camps, subject to the following requirements:
a) All farm labor camps on farms shall be construed in conformance with applicable
laws and shall not be located nearer to any other residence than the residence of
the employer, except by specific review and approval of the Planning Board
(10) Veterinarian's offices and animal hospitals, subject to the following requirements:
(a) The housing of all animals shall be in a full), enclosed structure, if nearer than one
hundred fifty (150) feet to any lot line.
4) (11) Cemeteries
5) (12) Stables and tiding academies
6) ~t.oJ ~ One (1) accessory apartment in an existing one-family dwelling, subject to the
following requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as
the owner's principal residence. The other dwelling unit shall be leased for year-
round occupancy, evidenced by a written lease for a term of one (1) or more
years.
(c) The existing one-family dwelling shall contain not less than one thousand six
hundred (1,600) square feet of livable floor area.
(d) The accessory apartment shall contain not less than four hundred fifty (450)
square feet of livable floor area.
(e) The accessory apartment shall not exceed forty percent (40%) of the livable floor
area of the existing dwelling unit.
(f) A minimum of three (3) off-street parking spaces shall be provided.
(g) Not more than one (1) accessory apartment shall be permitted on a lot.
(h) The accessory apartment shall meet the requirements of a dwelling unit as defined
in § 100-13 hereof.
(i) The exterior entry to the accessory apartment shall, to the maximum extent
possible, retain the existing exterior appearance of a one-family dwelling.
(j) All exterior alterations to the existing building, except for access to the apartment,
shall be made on the existing foundation.
(k) The certificate of compliance shall terminate upon the transfer of title by the
owner or upon the owner ceasing to occupy one (1) of the dwelling units as the
owner's principal residence. In the event of an owner's demise, the occupant of an
accessory apartment may continue in occupancy until a new owner shall occupy
the balance of the dwelling or one (1) year from date of said demise, whichever
shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993]
(1) All conversions shall be subject to the inspection of the Building Inspector and
renewal of the certificate of occupancy annually. [Amended 5-20-1993 by L.L.
No. 6-1993]
(m)The building which is converted to permit an accessory apartment shall be in
existence and have a valid certificate of occupancy issued prior to January 1,
1984, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No.
6-1993]
(n) The existing building, together with the accessory apartment, shall comply with
all other requirements of Chapter 100 of the Town Code of the Town of Southold.
(o) Notwithstanding the provisions of § 100-3 lB hereof, no site plan approval by the
Planning Board shall be required for the establishment of an accessory apartment.
(p) Approval by the Suffolk County Department of Health Services of the water
supply and sewage disposal systems shall be required.
(q) No bed-and-breakfast facilities, as authorized by § 100-31B(14) hereof, shall be
permitted in or on premises for which an accessory apartment is authorized or
exists. [Added 3-14-1989 by L.L. No. 3-1989]
14) [Amended 3 14 1989 byL.L. No. 3 1989; 2 7 1995 byL.L. No. 3 1995] Bed and
breakfasts which have been issued a bed and breakfast permit by the Building Inspector.
Said permit shall be issued for a term of one (1))'ear if the following conditions are mot:
(a) A smoke alarm shall be provided on each floor and in every guest room.
(b) The dwelling shall have at least two (2) exits and there shall be a window large
enough for emergency egress in each guest room.
(c) The identification sign shall be no larger than two (2) square foot in areas zoned
Residential Office or higher, but there shall be no exterior signage identifying tho
use as a bed and breakfast in rcsidential areas.
(d) No accessory apartment, as authorized by § 100 3 lB(13) hereof, shall be
permitted in or on premises for which a bed and breakfast facility is authorized or
15) Historical society. [Added 11 12 1996 by L.L. bio. 20 1996]
C. Accessory uses, limited to the following uses and subject to the conditions listed in section
1V herein:
1 ) Any customary structures or uses which are customarily incidental to the principal use,
except those prohibited by this chapter.
2)
Home occupation, including home professional office and home business office. In
permitting these uses, the Town Board recognizes that the residents historically have
operated small businesses which provide services to the community from their homes.
The Board finds that these businesses have not impacted negatively on the appearance of
these residential zones. In the Board's judgment, it finds that in order to maintain the
economic viability of the town, to maintain the rural quality of life and in the interests of
the welfare of the residents, these businesses (or home occupations) should be permitted
to continue. In setting forth the following subsections, the Board intends to permit as of
right certain business uses in residential zones with the understanding that these uses are
to be conducted in a manner that will not alter the character of the residential
neighborhoods. The Board believes that the following subsections provide sufficient
safeguards to accomplish that aim. These uses shall be permitted, provided that:
(a) No display of products shall be visible from the street, and no stock-in-trade shall
be kept on thc premises.
(b) Such occupation is incidental to the residential use of the premises and is carried
on in thc main building by the residents therein with not more than one (1)
nonresident assistant for whom off-street parking must be provided on site.
(c) Such occupation is carried on in an area not to exceed twenty-five percent (25%)
of the area of all floors of the main building, and in no event shall such use
occupy more than five hundred (500) square feet of floor area.
(d) There shall be no exterior effect at the property line, such as noise, traffic, odor,
dust, smoke, gas, fumes or radiation.
(e) Studios where dancing or music instruction is offered to groups in excess of five
(5) pupils at one (1) time or where concerts or recitals arc held are prohibited.
(f) In no manner shall the appearance of the building be altered, nor shall the
occupation be conducted in a manner that would cause the premises to lose its
residential character, including but not limited to the usc of colors, materials,
construction or lighting.
(g) Notwithstanding anything set forth elsewhere in this Article, home occupations,
home business offices and home professional offices shall in no event be deemed
to include animal hospitals, kennels, barbershops, beauty parlors, clinics or
hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist
homes, rooming houses or boardinghouses and uses similar to those listed above.
(h) Home occupations, home business office and home professional offices shall not
include manufacturing, fabrication or construction of any type on the site.
(i) The outdoor storage of equipment necessary for residents connected with
aquaculture shall be screened from view and shall conform to the setbacks for
accessory structures.
3) Boat docking facilities for the docking, mooring or accommodation of noncommercial
boats, subject to the following requirements:
(a) There shall be docking or mooring facilities for no more than two (2) boats other
than those owned and used by the owner of the premises for his personal use.
(b) The Town Trustees shall approve new boat docking facilities.
(c) Boats at such docking facilities shall not be used for overnight sleeping purposes.
4) Garden house, toolhouse, storage building, playhouse, wading pool, swimming pool or
tennis court incidental to the residential use of the premises and not operated for gain,
subject to the following requirements:
(a) Any swimming pool shall be completely enclosed with a permanent chain link (or
similar type) fence of not more than two-inch mesh, not less than four (4) feet in
height, erected, maintained and provided with a self-closing, self-latching gate to
Co)
prevent unauthorized use of the pool and to prevent accidents. However, if said
pool is located more than four (4) feet above the ground, then a fence is not
required, provided that all points of access to said pool are adequately protected
by a self-closing, self-latching gate. Any swimming pool in existence at the
effective date of the provisions of this subsection shall, within one (1) year from
such date, comply with all of the provisions hereof.
Individual outdoor tennis court related to residential use on a lot containing a
single-family detached dwelling, provided that the same is set back not less than
six (6) feet from all lot lines and that there is no lighting for after dark use.
5) Private garages; provided, however, that not more than two (2) passenger automobile
spaces in such garages may be leased to persons not resident on the premises.
6) Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-
street parking spaces shall be permitted within the minimum front yard.
7) The storage of either a boat or travel trailer owned and used by the owner or occupant of
the premises on which such boat or travel trailer is stored, for his personal use, subject to
§ 100-19IQ, Supplemental parking regulations, and the following requirements:
(a) Such boat or trailer shall not exceed thirty (30) feet in length.
(b) Such boat or trailer shall be stored only in the required rear yard, and the area
occupied thereby, together with the area of all buildings in the rear yard, shall not
exceed forty percent (40%) of the area of the required rear yard.
(c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot
line.
8) Horses and domestic animals other than household pets, provided that such animals shall
not be housed within forty (40) feet of any lot line. Housing for flocks of more than
twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line.
9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal
property owned by the occupant of the premises and located thereon, subject to the
following requirements:
(a) Not more than one (1) such sale shall be conducted on any lot in any one (1)
calendar year.
(b) Adequate supervised parking facilities shall be provided.
(c) No signs, except one (1) on-premises sign not larger than six (6) square feet in
size displayed for a period of not longer than one (1) week immediately prior to
the day of such sale, shall be permitted.
(d) A permit shall be obtained therefor from the Town Clerk upon the payment of a
fee of fifteen dollars ($15.).
(e) The display permit issued by the Town Clerk shall be posted on the premises so it
can be read from the street and removed before sundown on the day of the sale.
10) Wineries may have an accessory gift shop on the premises which may sell items
accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and
display of wine, books on winemaking and the region and nonspecific items bearing the
insignia of the winery. Wineries may not have a commercial kitchen as an accessory use
but may have a noncommercial kitchen facility for private use by the employees.
11) Child care.
~ 100-20A.3. Accessory Buildings.
In the A-C and R~80 Zoning Districts, accessory buildings and structures or other accessory uses
shall be located in the required rear yard, subject to the following requirements:
A. Such buildings shall not exceed eighteen (18) feet in height.
B. Setbacks.
1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set
back no less than three (3) feet from any lot line.
2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine
thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back
no less than five (5) feet from any lot line.
3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999)
square feet up to seventy-nine thousand nine hundred rfinety-nine (79,999) square feet,
such buildings shall be set back no less than ten (10) feet from any lot line.
4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999)
square feet, such buildings shall be set back no less than twenty (20) feet from any lot
line.
C. In the case of a waterfront parcel, accessory buildings and structures may be located in the
front yard, provided that such buildings and structures meet the front-yard setback
requirements as set forth by this Code.
{ 100-20A.4 Bulk, Area and Parking Regulations
A. No building or premises shall be used and no building or part thereof shall be erected or
altered in the AC or R-80 District unless the same conforms to the Bulk, Area and Parkin~
Schedule incomorated into this chapter with the same force and effect as if such regulations
were set forth herein full.
B. Pre-existing conforming lot:
1) A lot created by Planning Board approval since the adoption of the two (2) acre minimum
lot size in the A-C and R-80 zoning districts before the enactment of this Local Law
which were not further sub-dividable based on the two (2) acre minimum lot size shall be
treated as a conforming lot for all purposes.
A lot recognized by section 100-24 and 100-25 of the Town Code which was not further
sub-dividable based on the two (2) acre minimum lot size in the A-C and R-80 zoning
districts before the enactment of this Local Law shall be treated as a conforming lot for
all vurposes.
C. Exceptions
For all purooses including subdivision, parcels of property which meet the following
criteria are subject to Bulk Schedule "XX" found at the end of this chapter and shall not
follow the Bulk Schedule for the A-C and R-80 zoning districts:
(a) a parcel of property where interests or rights in real property (the fee or any lesser
interest, development rights~ easement, covenant, or other contractual right ) to at
least seventy five percent (75%~ of that parcel were sold or gifted (for purposes
of permanent preservation) to either the Town of Southold (pursuant to either
chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the
Peconic Land Trust; the Nature Conservancy; New York State or the United
States of America prior to the effective date of this local law;
(b) a parcel of property where an executed contract (dated prior to the effective date
of this local law) exists to either sell or ~ift interests or rights in real property
(the fee or any lesser interest, development rights, easement, covenant, or other
contractual right ) to at least seventy five percent (75%) a portion of that t~arcel
(for l~urposes of permanent preservation) to either the Town of Southold (pursuant
to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk;
the Peconic Land Trust; the Nature Conservancy; New York State; or the United
States of America;
(c) a parcel of property for which the Town Board ~ranted a waiver under the
moratorium on residential subdivisions or multi-family residential developments
requiring site plan approval.
~ 100-20A.5 Subdivision.
A. Any subdivision application for a parcel of property in the A-C & R-80 zonin~ district must
comply with all of the provisions of Chapter Al06 entitled Subdivision of Land and
ARTICLE XVIII, Cluster Development except that the followin~ additional conditions and
reouirements apply:
1) 80% (ei~zhty percent) preservation cluster requirement:
(a) This 80% preservation cluster r~uirement shall only apply to parcels of property
6-acres (240,000 so. ft.) or larger.
(b) Any subdivision of a lot in this district must be a clustered subdivision.
(c) Maximum lot size ofa buildable clustered lot shall be forty thousand (40,000)
square feet.
(d) At least 80% of the parcel shall be subdivision open space except:
(e)
if the affordable lot option set forth below is choosen. In that case at least 75%
of the parcel shall be subdivision open space or permanently preserved as
described in the affordable lot option section; or
(f) under the conditions set forth in section "e" below.
(g)
The number of lots that could be created shall be determined from a yield map. If
the applicant chooses a reduced yield subdivision the lot size for any or all lots
can be increased. However, in no case shall the subdivision open space be less
than eiv, ht¥ percent (80%) of the parcel unless the affordable lot option set forth
below is exercised except that no lot shall be required to be less than one (1) acre
in size even if this results in less than 80% of the parcel bein~ preserved
(h)
The subdivision open space shall be known as the "Am-icultural Reserve Area"
and shall be designated as such on the filed subdivision map. The subdivision
open space from each lot shall be combined into a single larte lot. The covenants
and restrictions placed on the subdivision open space shall limit the use such to
the following:
(i) agricultural production or open space.
(j) these covenants and restrictions shall be recorded with the County Clerk of the
County of Suffolk.
(k)
A~,ricultural Reserve Area: The al~plicant [shall have the option] of either
attaching one of the lots that could be created as a building envelope to a large lot
containing all of the subdivision open space from the clustered subdivision or
having the subdivision open space remain a separate and distinct lot with no
building envelope.
B. Affordable Lot Option-
l) All parcels of property 6-acres (240,000 scl. fi.) or larger shall be entitled to an affordable
lot (in addition to all lots the applicant could get under a subdivision) if the following
conditions are met:
(a) A covenant and restriction running with the land in perpetuity and recorded with
the County Clerk of the County of Suffolk is placed on this additional lot
establishing the following conditions:
i. The first sale and/or change in title to this lot can be to either an: (1)
Immediate Family Member; or (2) to a moderate-income family as defined
in Section 100-51 of the Southold Town Code; and
ii. any subsequent sale must be to a moderate-income family as defined in
Section 100-51 of the Southold Town Code; and
iii. The covenant and restriction would be enforceable by the Town Board,
Planning Board or Director (as defined in section 100-51 of the Town
Code)
iv. An unimproved or improved lot created pursuant to this section which
chan~es ownership because of the death of an owner shall not be
considered a "sale" under section ii above.
(b) At least seventy five (75%) of the varcel must be subdivision oven svace or
preserved for purooses of permanent preservation, by sale or ~ift, to either the
Town of Southold (pursuant to either charter 6, 25 or 59 of the Southold Town
Code); the County of Suffolk; the Peconic Land Trust; the Nature Conservancy;
New York State or the United States of America.
Section 3. Article III of Chapter 100 Zoning of the Southold Town Code is hereby amended as
follows:
ARTICLE III, Agricultural Conservation (A C) District and Low-Density Residential,,r' vv,Qa R-
120, R-200 and R-400 Districts
§ 100-30. Purpose.
The purpose of the Agricultural Conservation (A C) District and the Low-Density Residential
R 80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible,
prevent the unnecessaiy loss of those currently open lands within the town containing large and
contiguous areas of prime agricultural soils which are the basis for a significant portion of the
town's economy and those areas with sensitive environmental features, inchiding aquifer
recharge areas and bluffs. In addition, these areas provide the open rural environment so highly
valued by year-round residents and those persons who support the Town of Southold's
recreation, resort and second-home economy. The economic, social and aesthetic benefits which
can be obtained for all citizens by limiting loss of such areas are well documented and have
inspired a host of governmental programs designed, with varying degrees of success, to achieve
this result. For its part, the town is expending large sums of money to protect existing farm
acreage. At the same time, the town has an obligation to exercise its authority to reasonably
regulate the subdivision and development of this land to further the same purposes while
honoring the legitimate interests of farmers and other farmland owners.
§ 100-3l. Use regulations.
In A C, R 80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
§ 100-32. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or altered
in the A C, R 80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk
Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if
such regulations were set forth herein full.
§ 100-33. Accessory buildings.
In the Agricultural Conservation District and Low-Density Residential R 80, R-120, R-200 and
R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the
required rear yard, subject to the following requirements:
ARTICLE IIIA, Low-Density Residential R-40 District
§ 100-30A.2. Use regulations.
In an R-40 District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
A. Permitted uses:
Same as § 100-3lA of the Agricultural Conservation District R-120, except that wineries are
excluded.
B. Uses permitted by special exception of the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals, as hereinafter provided, and
subject to site plan approval by the Planning Board:
1) Same as § 100-31B of the Agricultural Conservation R-120 District, except that a
children's recreation camp, farm labor camp and veterinarian's office and animal hospital
are not permitted and bed-and-breakfast uses do not require site plan approval.
C. Accessory uses, limited to the following:
1) Same as § 100-31C of the Agricultural Conservation R-120 District.
§ 100-30A.4. Accessory buildings.
Accessory buildings shall be subject to the same requirements as § 100-33 of the Agricultural
Conservation District R- 120 District.
ARTICLE IV, Hamlet Density (HD) Residential District
§ 100-42. Use regulations.
In the HD District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any use except the following:
B. Uses permitted by special excevtion by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals, as hereinafter provided, and
subject to site plan approval by the Plannin~ Board:
2) Accessory apartments in single-family residences as set forth in and regulated by § 100-
31B(13) of the Agricultural Conservation R-120 District.
C. Accessory uses, limited to the following:
2) Accessory uses as set forth in and regulated by § 100-31C(1) through (7), (9) and (11) of
the Agricultural Conservation R-120 District, and subject to conditions set forth in § 100-
33 thereof.
ARTICLE VI, Resort Residential (RR) District
§ 100-61. Use regulations.
In the RR District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any use except the following:
A. Permitted uses.
1) Any permitted use set forth in and as regulated by § 100-3lA of the Agricultural
Conservation R-120 District, except that wineries are excluded.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided and are
subject to site plan approval by the Planning Board:
1) Any special exception use set forth in and as regulated by § 100-3lB(I), (6), (7) and (13)
of the Agricultural Conservation R- 120 District.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
1) Any accessory use set forth in and as regulated by § 100-31C(1) through (7) of the
Agricultural Conservation R-120 District.
ARTICLE Vii, Residential Office (RO) District
§ 100-71. Use regulations.
In the Residential Office (RO) District, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except the following:
B. Uses permitted by special exception by the Board of Am~eals. The following uses are
permitted as a sr~ecial exception by the Board of Appeals as hereinafter provided and subiect
to site plan am~roval by the Planning Board, l~rovided that not more than one use shall be
allowed for each 40,000 square feet of lot area:
1) Special exception uses as set forth in and regulated by § 100-31 B(1) through (7) of the
Agricultural Conservation R- 120 District.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the
Agricultural Conservation R-120.District and subject to the conditions set forth in § 100-
33 thereof.
ARTICLE ViII, Limited Business (LB) District
§ 100-81. Use regulations.
In the LB District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
A. Permitted uses. The following uses are permitted uses. Ali permitted uses except single-
family and owner-occupied two-family residences require site plan approval.
1) Any permitted use as set forth in and regulated by § 100-3lA of the Aghcultural
Conservation R-120 District except wineries, which shall be as set forth in Subsection
A(9) below.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided and are
subject to site plan approval by the Planning Board:
1) Any special exception use as set forth in and regulated by § 100-3lB of the Agricultural
Conservation R~-120 District, except that wineries are not required to be in connection
with a vineyard, and except bed-and-breakfasts.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
1) Any accessory use as set forth in and regulated by § 100-31C(1) through (8) and (10) of
the Agricultural Conservation R-120 District, and subject to the conditions set forth in §
100-33 thereof
ARTICLE IX, Hamlet Business (HB) District
§ 100-91. Use regulations.
In the HB District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
A. Permitted uses. The following are permitted uses and, except for those uses permitted under
Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning
Board:
1) Any permitted use set forth in and regulated by § 100-3IA(I) and (3) of the Agricultural
Conservation R-120 District.
B. Uses pem~itted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided, subject to
site plan approval by the Planning Board:
1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (13)
and (14) of the Agricultural Conservation R-120 District.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are subject to Article XX, are subject to site plan
review:
1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the
Agricultural Conservation R-120 District, and subject to the conditions set forth in § 100-
33 thereof.
ARTICLE X, General Business (B) District
§ 100-101. Use regulations.
In the B District, no building or premises shall be used and no building or part thereof shall be
erected or altered which is arranged, intended or designed to be used, in whole or in part, for any
uses except the following:
A. Permitted uses. The following uses are permitted uses and, except for those uses permitted
under Subsection A(1) hereof, are subject to site plan approval by the Planning Board:
1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) of the Agricultural
Conservation R-120 District.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to
site plan approval by the Planning Board:
1) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and
regulated by § 100-3 lB(14) of the Agricultural Conservation R-120 District, except that
no site plan approval is required.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
1) Accessory uses set forth in and as regulated by § 100-31C(1) through (8) and (10) of the
Agricultural Conservation R-120 District, subject to the conditions set forth in § 100-33
thereof.
ARTICLE XI, Marine I (MI) District
§ 100-111. Use regulations.
In an MI District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the
Aghcultural Conservation R-120 District, and subject to the conditions of § 100-33
thereof.
ARTICLE XII, Marine II (MID District
§ I00-121. Use regulations.
In the MI/District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following [one (1) use per eighty thousand (80,000) square feet of land
above mean high water, unless otherwise specified]:
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XX, are subject to site
plan review:
1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the
Agricultural Conservation R-120 District, and subject to the conditions of § 100-33
thereofi
ARTICLE XV~I, Cluster Development
§ 100-181. Applicability.
A. On lots of ten (10) or more acres in the Agricultural Conservation, the R-40 ~,~nd R 20
Districts and the Low-Density Residential R-120, R-200 and R-400 Districts, clustering will
be required, subject to the following conditions:
1) The residential use will be single-family detached homes for lot sizes of thirty thousand
(30,000) square feet or larger and detached or attached houses for lot sizes less than thirty
thousand (30,000) square feet.
2) The density of these homes will be as specified in the particular district and determined
as indicated in Subsection C below.
3) The minimum lot size shall be:
(a) Without public water and sewer: thirty thousand (30,000) square feet.
(b) With public water: twenty thousand (20,000) square feet.
(c) With public water and sewer: ten thousand (10,000) square feet.
B. In the Low-Density Residential Districts, to wit, the A C Agricultural Conservation, R 80,
R-120, R-200 and R-400 Districts, clustering is permitted and may be mandated by the
Planning Board in the exemise of discretion without the requirement that the owner make
written application for the use of such procedure.
BULK SCHEDULE "XX"
Minimum Requirements for
1 family detached dwellings
Lot Size (square feet) 80.000
Lot width (feet) 175
Lot depth (feet) 250
Front Yard (feet) 60
Side Yard (feet) 20
Both Side yards (feet) 45
Rear yard (feet) 75
Livable floor area (souare
Feet per dwelling unit)
85O
Maximum permitted
Dimensions:
Lot Coveraee (percent)
Buildin~ Heieht (feet)
Number of Stories
20
35
2 1/2
Section 4. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this
law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 5. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Elizabeth A. Neville
Southold Town Clerk
d
Z
g
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 23, 2003
Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
Dear Mr. Orlowski:
The Southold Town Board at their regular meeting held on October 21, 2003 adopted the
following resolutions:
· #705 regarding a proposed Local Law to create a new Article solely for the Agricultural-
Conservation (A-C) and Low Density R-80 District;
· #706 regarding a proposed Local Law to amend the existing Affordable Housing District
(AHD) Law to create permanent Affordable Housing; and
· #708 regarding a proposed Local Law to create a Rural Incentive District.
Certified copies of these resolutions are attached.
Please prepare official reports defining the Planning Board's recommendations with regard to
these proposed local laws and forward same to me at your earliest convenience. These proposed
local laws have also been sent to the Suffolk County Planning Depmhnent, the New York State
Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold
Town Land Preservation Department & Committee for their review. Should you have any
questions, please do not hesitate to contact me. Thank you.
Very truly yours,
Southold Town Clerk
Enclosures (3)
cc: Town Board
Town Attorney
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
Thomas Island, Director of Planning
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Isles:
The Southold Town Board at their regular meeting held on October 21, 2003 adopted the
following resolutions:
· #705 regarding a proposed Local Law to create a new Article solely for the Agricultural-
Conservation (A-C) and Low Density R-80 District;
· #706 regarding a proposed Local Law to amend the existing Affordable Housing District
(AHD) Law to create permanent Affordable Housing; and
· #708 regarding a proposed Local Law to create a Rural Incentive District.
Certified copies of these resolutions are attached.
Please prepare official reports defining the Planning Board's recommendations with regard to
these proposed local laws and forward same to me at your earliest convenience. These proposed
local laws have also been sent to the Southold Town Planning Board, the New York State
Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold
Town Land Preservation Department & Committee for their review. Should you have any
questions, please do not hesitate to contact me. Thank you.
Very truly yours,
Southold Town Clerk
Enclosures (3)
ce: Town Board
Town Attorney
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
Kenneth Grudens
New York State Agriculture & Markets
1 Winners Cimle
Albany, New York 12235
Daer Mr. Grudens:
The Southold Town Board at their regular meeting held on October 21, 2003 adopted the
following resolutions:
* #705 regarding a proposed Local Law to create a new Article solely for the Agricultural-
Conservation (A-C) and Low Density R-80 District;
· #706 regarding a proposed Local Law to amend the existing Affordable Housing District
(AHD) Law to create permanent Affordable Housing; and
· #708 regarding a proposed Local Law to create a Rural Incentive District.
Certified copies of these resolutions am attached.
Please prepare official repons defining the Planning Board's recommendations with regard to
these proposed local laws and forward same to me at your earl/est convenience. These proposed
local laws have also been sent to the Southold Town Planning Board, the New York State
Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold
Town Land Preservation Department & Committee for their review. Should you have any
questions, please do not hesitate to contact me. Thank you.
Very truly yours, .
Southold Town Clerk
Enclosures (3)
cc: Town Board
Town Attomey
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTI~R OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 23, 2003
Melissa Spiro, Department Head
Land Preservation Department
53095 Main Road
Southold, New York 11971
Dear Ms. Spiro:
The Southold Town Board at their regular meeting held on October 21, 2003 adopted the
following resolutions:
· #705 regarding a proposed Local Law to create a new Article solely for the Agricultural-
Conservation (A-C) and Low Density R-80 District;
· #706 regarding a proposed Local Law to amend the existing Affordable Housing District
(AHD) Law to create permanent Affordable Housing; and
* #708 regarding a proposed Local Law to create a Rural Incentive District.
Certified copies of these resolutions are attached.
Please prepare official reports defining the Planning Board's recommendations with regard to
these proposed local laws and forward same to me at your earliest convenience. These proposed
local laws have also been sent to the Southold Planning Board, Suffolk County Planning
Deparlmem, the New York State Agriculture & Markets, the Southold Town Agricultural
Advisory Committee and the Southold Town Land Preservation Committee for their review.
Should you have any questions, please do not hesitate to contact me. Thank you.
Very truly yours,
Southold Town Clerk
Enclosures (3)
cc: Town Board
Town Attorney
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTBAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southo]dtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 705 OF 2003
~VAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 21, 2003:
RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit the
proposed "A Local Law in relation Amendini! Chaoter 100 'Zoning' of the Code of the
Town of Southold to create a new Article solely for the A~ricultural- Conservation (A-C)
and Low Density Residential R-80 Districts, to amend the Orovisions of the Aericultural-
Conservation (A-C) and Low Density Residential R-80 Districts eovernin~ uses and
subdivisions, and to amend certain sections of Chaoter 100 to conform to the new Article"
to the Southold Town Planning Board, the Suffolk County Department of Plarming, New York
State Department of Agriculture and Markets, Southold Town Agricultural Advisory Committee,
the Southold Town Land Preservation Department & Committee for their recommendations and
reports.
ARTICLE III, Agricultural-Conservation (A-C) District and Low-Density Residential R-80, R-
120, R-200 and R-400 Districts [Last amended 1-10-1989 by L.L. No. 1-1989]
§ 100-30. Purpose.
The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential
R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible,
prevent the unnecessary loss of those currently open lands within the town containing large and
contiguous areas of prime agricultural soils which are the basis for a significant portion of the
town's economy and those areas with sensitive environmental features, including aquifer
recharge areas and bluffs. In addition, these areas provide the 'Gpen rural environment so highly
valued by year-round residents and those persons who support the Town of Southold's
recreation, resort and second-home economy. The economic, social and aesthetic benefits which
can be obtained for all citizens by limiting loss of stt~h areas are well documented and have
inspired a host of governmental programs designed, with varying degrees of success, to achieve
this result. For its part, the town is expending large sums of money to protect existing farm
acreage. At the same time, the town has an obligation to exercise its authority to reasonably
regulate the subdivision and development of this land to further the same purposes while
honoring the legitimate interests of farmers and other farmland owners.
§ 100-31. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989]
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
A. Permitted uses.
(1) One-family detached dwellings, not to exceed one dwelling on each lot.
[ADDITIONS]
(2) [Amended 5-23-1989 by L.L. No. 8-1989] The following agricultural operations and
accessory uses thereto, including irrigation, provided that there shall be no storage of manure,
fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to
protect vegetation, within 150 feet of any lot line:
(a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of
nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by
L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997]
(b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except
ducks)EN on lots of 10 acres or more.
(c) Barns, storage buildings, greenhouses (including plastic covered) and other related
structures, provided that such buildings shall conform to the yard requirements for principal
buildings.
(d) The retail sale of local produce from structures of less than 20 square feet floor area shall
be set back at least 10 feet from any lot line. [Added 5-13-1997 by L.L. No. 8-1997]
(3) Buildings, structures and uses oxvned or operated by the Town of Southold, school
districts, park districts and fire districts.
(4) [Added 11-29-1994 by L.L. No. 26-1994] Wineries which meet the following standards:
(a) The winery shall be a place or premises on which wine made from primarily Long Island
grapes is produced and sold;
(b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or
other agricultural purposes, and which is owned by the winery owner;
(c) The winery structures shall be set back a minimum of 100 feet from a major road; and
(d) The winery shall obtain site plan approval.
B. [Amended 12-21-1993 by L.L. No. 27-1993] Uses permitted by special exception by the
Board of Appeals. The following uses are permitted as special exception by the Board of
Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in
Subsection B(14) hereof, are subject to site plan approval by the Planning Board:
(1) Two family dwcllings not to exceed one (1) such dwelling on each lot.
(2) Places of worship, including parish houses (but excluding a rectory or parsonage, ~vhich
shall conform to the requirements for a one-family dwelling), subject to the following
requirements:
(a) No building or part thereof shall be erected nearer than fifty (50) feet to any street line
and nearer than twenty (20) feet to any lot line.
(b) The total area covered by all principal and accessory buildings shall not exceed twenty
percent (20%) of the area of the lot.
(3) Private elementary or high schools, colleges and other educational institutions, subject to
the following requirements:
(a) No building shall be less than fifty (50) feet from any street or lot line.
(b) The total area occupied by all principal and accessory buildings shall not exceed twenty
percent (20%) of thc area of the lot.
(c) An)' school shall bo a nonprofit organization within the meaning of thc Internal Revenue
Act and shall be registered effectively thereunder as such.
(d) Any such school shall occupy a lot with an area of not loss than five (5) acres plus one (1)
acre for each twenty five (25) pupils for which the building is designed.
(4) Nursery schools.
(5) [Amended 12 27 1994 by L.L. No. 30 1994; 11 12 1996 by L.L. No. 20 1996]
Philanthropic, eleemosynary or religious institutions, health care, continuing care and life
facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the
following requirements:
(a) No building or part thcreof or an), parking or loading area shall be located within one
hundred (100) feet of an), street line nor within rift), (50) feet of any lot line.
(b) The total area covered by principal and accessory buildings shall not exceed twenty
percent (20%) of the area of the lot.
(c) The maximum height shall be thirty five (35) feet or two and one half (2 1/2) stories.
(d) The entire lot, except areas occupied by buildings or parking or loading areas, shall bc
suitably landscaped and properly maintained.
(e) Any health care, continuing care or life care facility shall mcct the folloxving standards:
[1] All buildings shall be of fire resistive construction.
[2] All such uses shall be ~rved by adequate water and sewer systems approved by the
Suffolk County Department of Health.
[3] Patients suffering from communicable di~asos shall not be permitted in an), nursing
home or sanatorium. (Communicable dimasos are defined by the Sanitary Code of the Public
Health Council of the State of New York.)
[~1] Eight thousand (8,000) square feet of lot area shall be provided for each patient bed.
(6) Public utility rights-of-way as well as structures and other installations necessary to serve
areas within the town, except that wireless communication facilities must obtain approval
pursuant to Article XVI, subject to such conditions as the Board of Appeals may impose in order
to protect and promote the health, safety, appearance and general welfare of the community and
the character of the neighborhood in which the proposed structure is to be constructed.
[Amended 11-12-1997 by L.L. No. 26-1997]
(7) [Amended 12 27 1994 byL.L. No. 30 1994; 12 8 1998byL.L. No. 26 1995] Beach
clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory
playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance
buildings catering exclusively to members and their guests, subject to the following
requirements:
(a) No building or part thereof or any parking or loading area shall be located ~vithin 100 feet
of any street line or within 50 foot of any lot line.
(b) The total area covered by principal and accessory buildings shall not exceed 20% of the
area of the lot.
(c) No such use shall occupy a lot with an area of less than throe acres.
(8) Children's recreation camps organized primarily for seasonal use and subject to the
folloxving requirements:
(a) No building, tent, activity area or recreation facility shall be less than two hundred (200)
feet from any lot line, and any such building, tent, activity area or recreation facility shall be
effectively screened therefrom as required by the Planning Board. Buildings intended for use as
sleeping quarters shall be not less than thirty (30) feet from each other, except tents, which shall
be not less than ten (10) feet apart.
(b) The minimum lot area shall bo not less than tcn thousand (10,000) square feet for each
cottage, tent or other principal building and not less than threc thousand (3,000) square feet of
land area shall be provided for each person accommodated in thc buildings or tents on thc
~rcmiges.
(c)ENThe sound level of all outdoor public address systems shall not exceed the intensity
tolerable in a residential neighborhood.
(9) Farm labor camps, subject to the following requirements:
(a) All farm labor camps on farms shall be construed in conformance with applicable ia~vs
and shall not be located nearer to any other residence than the residence of the employer, except
by specific review and approval of the Planning Board.
(10) Veterinarian's offices and animal hospitals, subject to the following requirements:
(a) The housing of all animals shall be in a fully enclosed structure, if nearer than one
hundred fifty (150) feet to an)' lot line.
(11) Cemeteries.
(12) Stables and riding academies.
(13)ENOne (1) accessory apartment in an existing one-family dwelling, subject to the following
requirements:
(a) The accessory apartment shall be located in the principal building.
(b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as the
owner's principal residence. The other dwelling unit shall be leased for year-round occupancy,
evidenced by a written lease for a term of one (1) or more years.
(c) The existing one-family dwelling shall contain not less than one thousand six hundred
(1,600) square feet of livable floor area.
(d) The accessory apartment shall contain not less than four hundred fifty (450) square feet
of livable floor area.
(e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of
the existing dwelling unit.
(f) A minimum of three (3) off-street parking spaces shall be provided.
(g) Not more than one (1) accessory apartment shall be permitted on a lot.
(h) The accessory apartment shall meet the requirements of a dwelling unit as defined in §
100-13 hereof.
(i) The exterior entry to the accessory apartment shall, to the maximum extent possible,
retain the existing exterior appearance of a one-family dwelling.
(j) All exterior alterations to the existing building, except for access to the apartment, shall
be made on the existing foundation.
(k) The certificate of compliance shall terminate upon the transfer of title by the owner or
upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal
residence. In the event of an owner's demise, the occupant of an accessory apartment may
continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year
from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993]
(1) All conversions shall be subject to the inspection of the Building Inspector and rene~val
of the certificate of occupancy annually. [Amended 5-20-1993 by L.L. No. 6-1993]
(m) The building which is converted to permit an accessory apartment shall be in existence
and have a valid certificate of occupancy issued prior to January 1, 1984, or proof of occupancy
prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993]
(n) The existing building, together with the accessory apartment, shall comply with all other
requirements of Chapter 100 of the Town Code of the Town of Southold.
(o) Notwithstanding the provisions of § 100-3 lB hereof, no site plan approval by the
Planning Board shall be required for the establishment of an accessory apartment.
(p) Approval by the Suffolk County Department of Health Services of the water supply and
sewage disposal systems shall be required.
(q) No bed-and-breakfast facilities, as authorized by § 100-31B(14) hereof, shall be
permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-
14-1989 by L.L. No. 3-1989]
(14) [Amended3 14 1989byL.L. No. 3 1989;27 1995byL.L. No. 3 1995] E~cd and
breakfasts which have bccn issued a bed and breakfast permit by the Building Inspector. Said
permit shall be issued for a term of one (1))'ear if the folloxving conditions are met:
(a) A smoke alarm shall be provided on each floor and in every guest room.
(b) The dwelling shall have at least t~vo (2) exits and there shall be a window large enough
for emergency egress in each guest room.
(c) The identification sign shall be no larger than V, vo (2) square foot in areas zoned
Residential Office or higher, but there shall be no exterior signagc identifying the use as a bcd
and breakfast in residential areas.
(d) No accessory apartment, as authorized by § 100 3 lB(13) hereof, shall bc permitted in or
on premises for which a bed and breakfast facility is authorized or exists.
(15) Historical society. [Added 11 12 1996 by L.L. No. 20 1996]
C. Accessory uses, limited to the following uses and subject to the conditions listed in §
100-33 herein:
[NO CHANGES]
(1) Any customary structures or uses which are customarily incidental to the principal use,
except those prohibited by this chapter.
(2) [Amended 4-9-1991 by L.L. No. 10-1991; 7-28-1992 by L.L. No. 14-1992] Home
occupation, including home professional office and home business office. In permitting these
uses, the Town Board recognizes that the residents historically have operated small businesses
which provide services to the community from their homes. The Board finds that these
businesses have not impacted negatively on the appearance of these residential zones. In the
Board's judgment, it finds that in order to maintain the economic viability of the town, to
maintain the rural quality of life and in the interests of the welfare of the residents, these
businesses (or home occupations) should be permitted to continue. In setting forth the following
subsections, the Board intends to permit as of right certain business uses in residential zones with
the understanding that these uses are to be conducted in a manner that will not alter the character
of the residential neighborhoods. The Board believes that the following subsections provide
sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that:
(a) No display of products shall be visible from the street, and no stock-in-trade shall be kept
on the premises.
(b) Such occupation is incidental to the residential use of the premises and is carried on in the
main building by the residents therein with not more than one (1) nonresident assistant for whom
off-street parking must be provided on site.
(c) Such occupation is carded on in an area not to exceed twenty-five percent (25%) of the
area of all floors of the main building, and in no event shall such use occupy more than five
hundred (500) square feet of floor area.
(d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust,
smoke, gas, fumes or radiation.
(e) Studios where dancing or music instruction is offered to groups in excess of five (5)
pupils at one (l) time or where concerts or recitals are held are prohibited.
(f) In no manner shall the appearance of the building be altered, nor shall the occupation be
conducted in a manner that would cause the premises to lose its residential character, including
but not limited to the use of colors, materials, construction or lighting.
(g) Notwithstanding anything set forth elsewhere in this Article, home occupations, home
business offices and home professional offices shall in no event be deemed to include animal
hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools,
clubs, auto repair shops, restaurants, tourist homes, rooming houses or boardinghouses and uses
similar to those listed above.
(h)ENHome occupations, home business office and home professional offices shall not include
manufacturing, fabrication or construction of any type on the site.
(i) The outdoor storage of equipment necessary for residents connected with aquaculture
shall be screened from view and shall conform to the setbacks for accessory structures.
(3) Boat docking facilities for the docking, mooring or accommodation of noncommercial
boats, subject to the following requirements:
(a) There shall be docking or mooting facilities for no more than two (2) boats other than
those owned and used by the owner of the premises for his personal use.
(b) The Town Trustees shall approve new boat docking facilities.
(c) Boats at such docking facilities shall not be used for overnight sleeping purposes.
(4) Garden house, toolhouse, storage building, playhouse, wading pool, swimming pool or
tennis court incidental to the residential use of the premises and not operated for gain, subject to
the following requirements:
(a) Any swimming pool shall be completely enclosed with a permanent chain link (or similar
type) fence of not more than two-inch mesh, not less than four (4) feet in height, erected,
maintained and provided with a self-closing, self-latching gate to prevent unauthorized use of the
pool and to prevent accidents. However, if said pool is located more than four (4) feet above the
ground, then a fence is not required, provided that all points of access to said pool are adequately
protected by a self-closing, self-latching gate. Any swimming pool in existence at the effective
date of the provisions of this subsection shall, within one (1) year from such date, comply with
all of the provisions hereof.
(b) Individual outdoor tennis court related to residential use on a lot containing a single-
family detached dwelling, provided that the same is set back not less than six (6) feet from all lot
lines and that there is no lighting for after dark use.
(5) Private garages; provided, however, that not more than two (2) passenger automobile
spaces in such garages may be leased to persons not resident on the premises.
(6) Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-
street parking spaces shall be permitted within the minimum front yard.
(7) The storage of either a boat or travel trailer owned and used by the owner or occupant of
the premises on which such boat or travel trailer is stored, for his personal use, subject to § 100-
191 Q, Supplemental parking regulations,EN and the following requirements:
(a) Such boat or trailer shall not exceed thirty (30) feet in length.
(b) Such boat or trailer shall be stored only in the required rear yard, and the area occupied
thereby, together with the area of all buildings in the rear yard, shall not exceed forty percent
(40%) of the area of the required rear yard.
(c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot line.
(8) Horses and domestic animals other than household pets, provided that such animals shall
not be housed within forty (40) feet of any lot line. Housing for flocks of more than twenty-five
(25) fowl shall not be constructed within fifty (50) feet of any line.
(9)ENYard sales, attic sales, garage sales, auction sales or similar types of sales of personal
property owned by the occupant of the premises and located thereon, subject to the following
requirements:
(a) Not more than one (1) such sale shall be conducted on any lot in any one (1) calendar
year.
(b) Adequate supervised parking facilities shall be provided.
(c) No signs, except one (1) on-premises sign not larger than six (6) square feet in size
displayed for a period of not longer than one (1) week immediately prior to the day of such sale,
shall be permitted.
(d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of
fifteen dollars ($15.). [Amended 8-24-1993 by L.L. No. 18-1993]
(e) The display permit issued by the Town Clerk shall be posted on the premises so it can be
read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by
L.L. No. 18-1993]
(10) Wineries may have an accessory girl shop on the premises which may sell items
accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display
of wine, books on winemaking and the region and nonspecific items beating the insignia of the
~vinery. Wineries may not have a conmaercial kitchen as an accessory use but may have a
noncommercial kitchen facility for private use by the employees. [Added 11-29-1994 by L.L.
No. 26-1994]
(11) Child care. [Added 11-12-1996 by L.L. No. 20-1996]
§ 100-32. Bulk, area and parking regulations. [Added 9-3-1996 by L.L. No. 16-1996]
No building or premises shall be used and no building or part thereof shall be erected or altered
in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk
Schedule and Parking ScheduleEN incorporated into this chapter with the same force and effect
as if such regulations were set forth herein full.
[CHANGES- SEE COPY OF BULK SCHEDULE AT END PLUS ADDITIONAL
CHANGES RE: SUBDIVISIONS & AFFORDABLE LOTS]
§ 100-33. Accessory buildings. [Amended 4-10-1990 by L.L. No. 6-1990]
In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and
R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the
required rear yard, subject to the following requirements:
[THIS SECTION WAS MOVED ABOVE THE PREVIOUS SECTION....THEY SWITCHED
ORDER]
A. Such buildings shall not exceed eighteen (18) feet in height.
B. Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991]
(1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set
back no less than three (3) feet from any lot line.
(2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine
thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less
than five (5) feet from any lot line.
(3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999)
square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such
buildings shall be set back no less than ten (10) feet from any lot line.
(4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999)
square feet, such buildings shall be set back no less than twenty (20) feet from any lot line.
C.ENIn the case of a waterfront parcel, accessory buildings and structures may be located in the
front yard, provided that such buildings and structures meet the front-yard setback requirements
as set forth by this Code. [Added 12-22-1992 by L.L. No. 33-1992]
Elizabeth A. Neville
Southold Town Clerk