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HomeMy WebLinkAboutB Zoning Dist. 2002VALERIE SCOPAZ, AICP TOWN PLANNER P.O. Box 1179 Town Hall, 53095 Main Road Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 Valerie. Scopaz~town.southold.ny.us RECEIVED OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD 8EP 5 2002 Memo ndum Southold Town ClerJ To: Joshua Y1 Horton, Supervisor and Town Board Members From: Valerie Scopaz, AICP, Town Planner Re: Proposed Local Laws in relation to Hamlet Business, General Business and Residential Office districts, Chapter 100, Zoning. Date: September 3, 2002 The Town Board referred the aforementioned amendments to the Planning Board and staff for review and comment. Preliminary comments were sent on August 13, 2002 in response to the public hearing notice. The comments that follow reflect additional concerns that have arisen from further study. The proposed amendment would permit (as of right) the construction of single and two family dwelling units and accessory apartments within the Hamlet Business, General Business and Residential Office zoning districts as of right. If the proposed amendments are adopted, the following will apply in the General Business district: 1) One-Family detached dwellings will be moved from a special exception by ZBA to a permitted use and will be exempt from site plan approval. 2) Two-Family dwellings will be a permitted use and will be exempt from site plan approval. 3) Accessory Apartments will be permitted within the principal structure subject to the following requirements: i. Apartment permit issued by Building Department. ii. Habitable floor area of at least 350 square feet. iii. Three apartments maximum in each structure. iv. Minimum of one off-street parking space per apartment. Site plan approval needed if construction or remodeling of apartment results in an increase in square footage. If the proposed amendments are adopted, the following will apply in the Residential Office district: 1) As a permitted use, two-family dwellings will no longer have to be owner occupied. 2) Apartments over business and professional offices will be a permitted accessory use by right. 3) Accessory Apartments will be permitted within the principal structure subject to the same requirements listed above. If the proposed amendments are adopted, the following will apply in the Hamlet Business district: 1) One-family detached and two-family dwellings will be permitted uses. 2) Town buildings and school, park, and fire districts buildings will be a permitted use. 3) Multiple dwellings, accessory apartments and apartments over businesses, store, and offices will be a permitted accessory use by right 4) Accessory Apartments will be permitted within the principal structure subject to the same requirements listed above. 5) Town houses will be eliminated from the list of permitted uses within Hamlet Business districts. As drafted, the amendments are not need to be carried through. Fishers Island is a unique situation that possibly should be exempt from these changes. The Board and staff will review this with Fishers Island representatives and report back. ~ Townhouse heading Would need to be deleted from the bulk schedule within the zoning districts from which those uses are being eliminated. ~ In the bulk schedule, minimum lot areas for B, RO, and HB should be stated. (We do not recommend a reduction in the current minimum required lot areas.) ~ The definition of Accessory Apartments has to be cladfied to be internally consistent. The definition "Apartment" sets a 450 square foot minimum, while the proposed local law sets a 350 square foot minimum for"Accessory Apartments". Since the legislative intent of this proposed amendment was not stated, these subsequent comments are based on the following assumptions, which may or may not be correct. The purposes of the amendment are: to reintroduce single*family and two-family dwelling units within the General and Hamlet Business Zoning districts, as of right, and ***o to encourage the creation of accessory apartments within General and Hamlet Bu$iness and Residential Office districts by removing Planning Board oversight of site plans where existing structures are renovated. o',o To eliminate townhouses from Hamlet Business districts. A reading of the proposed amendment raises the following questions: Will a home occupation continue to be permitted within the principal dwelling in addition to the accessory apartment (si? The Bulk Schedule for the Hamlet and General Business districts and the Residential Office distdct does not indicate whether a principal dwelling with an accessory apartment will be considered a Single-Family, a Two-Family or a Multiple dwelling. Accordingly, it is not clear which set of bulk, area and parking schedules will apply. A separate column is needed for a single family dwelling with an accessory apartment, as well as for a two family dwelling. The proposed legislation does not indicate whether an accessory apadment is permitted within a two family house; nor whether each family is permitted an accessory apartment, The definition for an ACCESSORY APARTMENT states that it is a "dwelling unit created in a presently existing one-family dwelling pursuant to Section 100-31 B (14)." The proposed amendments would create apartments that are not described by this definition. The definition for APARTMENT states that no such unit may contain less than 450 square feet. The proposed amendments call for a reduction in the size of ACCESSORY APARTMENTS of 100 square feet. The Code also defines an APARTMENT HOUSE (See below for definition), but it Js not clear if it permits the use in any zoning district, 10. 11. 12. 13. 14. 15. Neither APARTMENT nor the proposed amendments for ACCESSORY APARTMENTS define a maximum square footage for this type of dwelling unit. The definition for APARTMENT HOUSE states that it is a "building arranged, intended or designed to be occupied by two (2) or more families living independently of each other in apartments." Note that nothing is said about the form of ownership or rental. The definition for DWELLING, TWO FAMILY states that it is a "detached building containing two (2) dwelling units only. The definition for DWELLING, MULTIPLE provides for a "building or portion thereof containing three (3) or more dwelling units. DWELLING UNITS are defined as a" building or self-contained portion thereof consisting of a minimum living area of eight hundred fifty (850) square feet..." The proposed amendments do not indicate how the creation of two or more accessory apartments within a structure will differ from an APARTMENT HOUSE as currently defined. The requirement of one additional parking space per apartment is felt to be too Iow. Two additional parking spaces per accessory apartment should be required. Further, the parking spaces should be located off-strset, either on the premises or in a municipal parking lot located within 200 feet of the premises provided that sufficient parking exists within that lot for the additional use. This recommendation flows from written observations made by the Suffolk County Planning Commission based on problems that have resulted in other communities that introduced accessory apartments into the business districts without providing for adequate off-street parking. For instance, in addition to adding to road congestion and a reduction of parking for customers of the business districts, cars parked on the streets overnight hamper snow clearing and storm cleanup crews. The proposed amendment must address the location of the additional parking lest entire front yards be paved over for parking spaces. Currently, the code permits no fewer than four parking spaces within the front yard within residential zoning districts. Since these parking spaces would be created within business or residential office districts, and the spaces would impact the flow of traffic and street maintenance within the business areas of the town, perhaps the spaces should comply with the standards set forth in Section 250 Site Plan. Single family and two family homes should not be encouraged within HB and B since the town contains a limited amount of HB and B zoning and thus should reserve it for those uses. Each of these districts was designed for business uses. Permitting accessory apartments and multiple dwellings within the HB and B districts makes sense only if the size of these apartments and dwellings is restricted. The Residential Office district is perhaps the best suited to the creation of accessory apartments due to its transitional nature between business and residential districts. The proposed amendment should be worded to prohibit more than one single- or two-family dwelling per lot. As noted in our earlier report, on proposed amendments to the Affordable Housing law, the Planning Board supports the creation of small apartments as part of the overall strategy of creating different housing types within hamlet centers at a mix of affordable prices. While the proposed amendment could be an effective tool to help achieve this type of structural and financial diversity, it requires more work. At the least, some size restrictions (and perhaps rental caps) should be imposed in order to ensure that this housing stock does not simply become diverted into more seasonal rental units. Given the Town's goat of maintaining a rural and diverse community, these amendments deserve a more comprehensive reworking in conjunction with the Affordable Housing Advisory Committee in order to ensure that a documented need is met. Cc: Planning Board 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.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 14, 2002 Thomas Isles, Director of Planning Department of Planning County of Suffolk Post OiTlce Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: Transmitted are proposed Local Laws In Relation to Zoning, Chapter 100, Article VII, Residential Office (RO) District; Article IX, Hamlet Business (HB) District; and General Business (B) District of the Code of the Town of Southold. Al. so enclosed is the Southold Town Planning Board's report. Please review and prepare an official report defining your depaxtalent's recommendations with regard to this proposed local law and fon~ard same to me. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures cc: Town Board Town Attorney V. Scopaz G. Newman Comments made by Jay Applegate to Southold Town Board on August 13, 2002 re proposed changes to Town Code for RO, HB and B districts relating to accessory apartments: My name 1s Jay Applegate from Southold and I am here this afternoon ~n my capacity as the chairman of the Southold Town Housing Committee, which was formed by Supervisor Horton ~n June of this year, to explore avenues of education, outreach and funding to address the urgent need for more affordable housing, primarily rental housing, in Southold Town. With this mandate in mind, our committee has reviewed the proposed changes to the Town Code as they relate to the creation of accessory apartment in the RO, HB and B zoned area in Southold Town. We have discussed them with the Supervisor and consulted with the Town Attorney for clarification on certain matters and encourage the Town Board to approve the changes as a first and available step toward immediately alleviating the housing crisis. We are also supportive of additional changes which would further address the problem and hope that additional changes may be considered too. Our only reservation and note of caution ~s the deletion of the owner- occupancy requirement in the RO zone as it relates to the Town's historic buildings, many of which are located in RO districts, as the Town Board has not yet'.. adopted proper protective measures for those buildings. In anticipation of the passage of the proposed changes, our committee IS creating an inventory of structures within the RO, HB and B zones which would qualify for modification to accommodate an accessory apartment in order to understand how many potential accessory apartments might be created as a result of the proposed changes, as we know the demand is great. The North Fork Housing Alliance received 180 inquiries in the first slx months of 2002 from people who were unable to find apartments which they could afford. Also in anticipation of the Board's approval of these changes, we have gathered information from the Building Depa. rtment on from application procedures, the Assessor's office on the potential tax consequences of creating an accessory apartment and from lending institutions which provide capital to finance the creation of accessory apartments and are preparing a pamphlet to help educate those whose buildings would be eligible for conversion to accessory apartments. its inception one or more of In addition, since our committee members have met with representatives of the following organizations: Long Island Campaign for Affordable Rental Housing, The Long Island Community Foundation, the Long Island Housing Partnership, and Commum'ty Housing Innovations. In each case, it was our intent to learn about actions and experiences of other communities addressing their citizens housing needs. In summary, your actions today could begin the process of creating more affordable apartments for citizens of our Town. We strongly urge you to vote favor of the proposed changes. Thank yoH. of the code committee, presente~ a ode changes and Business, Business around i's to t ,Kving in these areas. While not as price-controlled, it is expected that in the ma)ority of suc,h dwellings would provide i~ss-e~pensiv~ housing. In would merits in a than the buildin' by special Board o.f / within e minimum reducedfrom450 to 350 square feet, and be ~ ~rom page 20 promoting mixed' use Un Open :~p housing optiO~ and h~!p..r~¥italize business areas.. I~ HB, multi- and two-family dw~!lings would be allowe~ bY right rather than:spechl excepti4fi. In RO, · dwellings with an at,esSo~ ~partment would no longer h~ve ~o ~ owner- ocCgpied. . Town Board members seem favor- ably disposed to the proposed code changes, and a public hearing ~hould be scheduled in the near future, tO ~eep : of life is board mem~ $8e ~lote$, page 32 ~-tB -0.9. John Nickles, Jr., Southold .... I'm pleased to be standing before this board today to offer support for the proposed legislation that would permit apartments (as a matter of right) within the Business, Hamlet Business and Residential Office zones. With an ever increasing demand for housing on the East End of Long Island, it is very important that the town recognize the relative short supply of reasonably priced homes and rental apartments that are available to the year round residents of Southold Town. Having a supply of homes and/or rental apartments that are within reach of our full time population is a major factor in preserving our rural quality of life. It is time to recognize that our young adults, our working residents and our retirees are an integral part of keeping Southold... Southold. I believe that what makes our town so unique is not just the beauty that exists of our rural landscape, but also the social and economic diversity of our human landscape. There are a number of other things that the town could do to recognize the needs of our year round population, our workforce and our economy. The town should look at the factors that have increased the cost of living as well as the cost of doing business in Southold and then decide to make some positive adjustments to our code and our policies. Indeed, providing these additional avenues for housing is a good start. But we hope that this is just a small first step (one of many) that the town believes it should take for the full time, retired and working residents of Southold Town. Thank you. WILLIAM WICKHAM ERiC J BRESBLER ABIGAILA WICKHAM LYNNE M GORDON JAN ET GEASA LAW OFFICES WlCKHAM, WlCKHAM E~ BRESSLER, P.C 10315 MAIN ROAD, PO BOX 14Z4 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO 631-~98 8565 MELVILLE OFFICE 275 BROAD HOLLOW ROAD MELVILLE, NEW YORK L1747 TELEFAX NO ~31249 9484 August 13, 2002 Town Board Town of Southold Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Proposed Zoning Code Amendments for Accessory Apartments Gentlemen: While 1 commend your intention to ease the housing crisis for those of limited means, I strongly believe the proposed revisions before you tonight xvoutd create a disastrous effect on our hamlet centers without truly accomplishing their intended purposes. Specifically, you propose very small apartments, and up to three of them, per building. The currently permitted size of 450 sq. feet is small, and to reduce it further would create overcrowding. It would also not meet the need of families for housing - it's just too small. Further, you propose to remove, as I read the legislation, the jurisdiction of the Planning Board for site plan review. It would seem imperative that planning considerations dictate a review of screening, parking, lighting, and perhaps architectural review. Moreover, the requirement of one parking space per unit is unrealistic. How many couples do you know that operate with one car? And where will their friends park? The businesses will not want street parking used, and we have already seen in the Pike Street, Mattituck, parking lot, for example, a large number of vehicles from nearby residential uses parking overnight and during the day which take up business customer space. The situation is manageable now, but our municipal lots are not equipped to handle this proposed expansion. The biggest problem ! see, however, is the lack of an owner-occupancy requirement. Coupled with the removal of the Planning Board review and other restrictions currently required by the Code, this creates a total lack of control. Our hmnlet centers are noxv very pleasant places, and are considered by many as a nice place to live. Hoxvever, many communities further West have seen a marked decline in their downtown areas when they were opened up to this type of housing density without an owner presence. I do not believe the owner of the building has to live there, but he should have a physical presence in the building, as the owner of the business, for instance. Your lawyers will have to carefully word that requirement to accommodate businesses operated as companies, not individuals, to include an ownership requirement of the business-operating company. operating company. However, I think the owner occupancy concept is critical, because many absentee landlords will not care what type of lifestyle their tenants follow or will not monitor closely the upkeep of the apartments and the building exteriors. We do not want to see our hamlets fall victim to overcrowding, litter, crime, and deterioration. I do not want to sound alarmist, because I do think some provision for apartments in this area is a good idea, but this legislation goes way too fan The proposal for the Residential-Office zone should be very carefully considered. These are usually the buffer areas on the outskirts of the hamlets, and often contain very nice, well appointed homes, mostly along the Main Road. They were designed to moderate between the hamlet business areas and the rural areas in between, by providing professional and other uses which would help maintain value while remaining compatible with the nearby business areas. To inundate these areas with high ~ensity ~apartment housing would be a bad-idea. In summary, the concept of increasing the housing stock by making accessory apartments available is a good one, but this proposal goes far afield in removing owner occupancy and permitting too many apartments per parcel, too small, and without the necessary restrictions and controls. Very truly yours, Abigail A. Wickham AAW/ 30/shdtnbrd cc: Planning Board PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS I~LENNETH L. EDWARDS MARTIN SIDOR, JR. P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: F rom: Re: Date: Town Board Valerie Scopaz, AICP, Town Planner Local law' changes to B, RO, and HB zoning di%trictg. August 13, 2002 Following are the comments of the Planning Board and Staff regarding the proposed code changes to the Business, Residential Office, and Hamlet Business zoning districts. Our review is based on the assumption that the intent for the changes is to provide opportunities for the creation of different types of housing near hamlet business centers. General Business (B) If the proposed amendments are adopted, the following will apply: 1) One-Family detached dwellings will be moved from a special exception by ZBA to a permitted use and will be exempt from site plan approval. 2) Two-Family dwellings will be a permitted use and will be exempt from site plan approval. 3) Accessory Apartments will be permitted within the principal structure subject to the following requirements: i. Apartment permit issued by Building Department. ii. Habitable floor area of at least 350 square feet. iii. Three apartments maximum in each structure. iv. Minimum of one off street parking space per apartment. Site plan approval needed if construction or remodeling of apartment results in an increase in square footage. Residential Office (RO) If the proposed amendments are adopted, the following will apply: 1) As a permitted use, two-family dwellings xvill no longer have to be owner occupied. 2) Apartments over business and professional offices will be a permitted accessory use by fight. 3) Accessory Apartments will be permitted within the principal structure subject to the same requirements listed above. Hamlet Business (liB) If the proposed amendments are adopted, the following will apply: 1) One-family detached and two-family dwellings will be permitted uses. 2) Town buildings and school, park, and fire districts buildings will be a permitted use. 3) Multiple dwellings and townhouses will no longer be a permitted use by a special exception. 4) Accessory apartments and apartments over businesses, store, and offices will be a permitted accessory use by right 5) Accessory apartments will be permitted within the principal structure subject to the same requirements listed above. Planning Department Comments: ~ Fishers Island is a unique situation that possibly should be exempt from these changes. The Board and staff will review this with Fishers Island representatives and report back. ~ Multiple dwelling and townhouse headings need to be deleted from the bulk schedule. ~ In the bulk schedule, minimum lot areas for B, RO, and HB should be stated. We do not recommend a reduction in the current minimum required lot areas. ~ The definition of Accessory Apartments has to be clarified to be internally consistent. The definition "Apartment" sets a 450 square foot minimum, while the proposed local law sets a 350 square foot nfinimum for "Accessory Apartments". ~ A typographical change needs to be made in the HB Local Law at 100-90-A. Uses permitted "under Subsection A(1), A(2), and A(19)..." should now read "...A(1), A(2), and A(20)" or "A(1), A(2), and A(21)" depending on the intent to refer to "(20)Bed and Breakfasts" or to "(21)Multiple Dwellings". NOTIC~ Oil' PUBLIC HEA~ING NOTICE IS I~,~,EBY GIVEN ~~m~Town B~ of t~ Town of Somhold, Suffolk County, New York, on tbe 2nd day of ~w in ~fion ~ ~ne~ B~ ~ h Chap~F 1~ of~e C~ of NO~CE IS ~R~ GIV~ that the Town Board of the Town of Sou~old will hold a public being on Town Hall, 53~5 Main Ro~. ~d, New York, on ~e 13~ A~ ~2 at S:~ p.m. at ~h ~1 [Masted ~ns will ~ ~ven ~nity to ~ heard. ~ pmpo~ 'b ~ ~ Business (B) Disffict of ~ C~e of Town of S~old is he.by m*nd~ follows: ~CLE X, Gener~ Busines~ (B) Disffict [Added 1-10-1989 by L.L. No. 1-1989] (B) Di~ffict is to provide for retail ~d whol*~e co~erci~ devel~ment ~d li~d office ~d indnst~ nes~ ~as, gener~ly along ~jor high- of l~d ~d ~at may involve to ~ ~, ~ ~le ~ ~ ~, for ~y uses except ~e follow,g: A. [Amended ~-9-1989 by LL. No. ~1989] Pe~t~d u~s. ~e foliow~g · o~ u~s ~iu~ under Sub~ction A(D, (I 2~ and ~13~ he,of, ~ subj~t to site plan approval by the Pinnning (1) Any ~tted u~ ~t f~ ia ~go~d by ~ 1~31A(2) ~d (3) of (2) Any ~tt~ use ~t foRh in ~let Busings Diet,ct. [A~n~ 2- (3) Whole~e businesses, w~us- es and building matedal storage and s~e, ~t excluding storage of coal, co~, fuel oil or ju~. ~ f~ ~sing ~ ~ ~ ~ m ~g~ng u~ by ~ of dust, smoke, vib~tion, noise, (6) Wholesale or ~tall sale and ma[ada[s, ~ppties and pl~ts, including n~ o~ra~ons, provi~d outd~r storage or display of pl~ ~ur wi~in ~ (3) f~t of the p~r- ty line. (7) Wholes~re~l ~verage dis~ ut[on. (8) Faner~ homes. (9) T~n ~ bus s~ons. (10) Tel~ho~ exch~ges. (11) [Added tl-2~1~ by L,L. No. 2~[~] Wi~fies which ~t ~e fol- lowing (a) B s~ ~ a f~ wine~ licen~ excap~on by ~e B~d of Ap~s, as here[naif ~ovi~, subj~t to site pinn a~v~ by ~ Pl~n~g Bo~: (1) Any special exception use as set forth in and regulated by § 100-31B(2) to (12), excep~ wineries are not required to be ia connection with a vineyard. [Amended 8-1-1989 by L.L, No. 15- 1989] (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District. except that the minimum lot size shall be three (3) acres, [Amended 8-13-1991 by L.L. No, 19-1991] (3) B~-and-lm~akfast enterprises or bc~'ding and~' tour[at home~ as set forth ia and regained by § 100-3lB(14) of ~ A~,K~'[~d ~,-~-- District. except that no site plan approval is required, (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the TownCede. (5) Research, design or development laboratories, provided that any menu- factoring shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tanni~ clubs, skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas and clubs and uses normally aeeessol~ and iuci- dental to commercial recreailon, such as locker rooms, eating and th'inking facilities and retail sale of goods asso- cia~xl with the particular activity. (7) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carried on within an enclosed build- ing. Co) Ali fluids used in processing shall be recycled, and the ovelall facil- ity shall be designed, located and oper- ated to pro~:t surface waters and the groundwater reservoir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Take-out restaurants, provided that ealing on the premises of tbe take- out restaurant shall be permitted only inside the atructore or in ames specifi- cally designated and properly main= mined outside of the structure and where the minimum lot si/g for a free- standing structu~ is forty thousand (40,000) square feet. [Amended 5-16- 1994 by LL. No. 9.1994] (10) D~in¥1ng establishments. ( I 1) Automobile laundries. (12) Public garage, gasoline s~viee stations, new and used mot~ vehicle lots, vehicle sales and ~ntal, including the sale of torrent[on vehicles and Ira[Ir ers and boat sales, with accessory repair facilities, all subject to the fol- lowing r~luimaents: (a) Emrance and exit driveways shall bare an un~,uioted width of not less than twelve (12) feet and not more than thi~y (30) feet and shall be locat- ed no~t less thatt ton (10) feet from any propony line ned shall be so ldid ant as to avoid the necessity of any vebic~ backing out across any public right-of- way. (b) Sale of used vehicles or beats ~atl b~c~aduc~i only as ~ to the sale of new vehicles or boats. (c) Vehicle lira Or pi~ dismantled in · bdikl~ (d) All sea, ice Or repair of mo~t vehicles, o~er than such minor servic- ing as chan~e of ~ Or sale of gaso- lien or oil, shall be conducted in · building. (e) The ~e of &meal[ne Or flam- unda'~om~ and not less than thirty- five (35) feet from any property line other than the s~teet line. (f) No gasoline Or fuel pomps or tanks shall be located less than fiftaen (15) f~.t from any slr~t or property line. (g) No gsaoline service or relair shops or similar busin~ses a~ to be locatod within three hundred (300) feet of · chun:h, public school, library, has= pimi, o~phannge or Est home. (13) Partial self-sefvic~ gasoline ser- vice ate[laos, subject to all of the provi- sions of § 100-10lB(12) be~ia and the following additional requirements: STATE OF NEW YORK) )SS: COUJ~ DF SUFF, OLK) .~'~,o,x/_~,c/~..~',~_.. of Matt[tuck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Matt[tuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly publis, hed in said Newspaper once each week for / weeks succes- sively~ commenc~ing of /-/'/.~-U,57~ on the / day 20P.,~-~ ~ncipal Clerk Sworn to before me this / , i dayo, LAUPA E, BONDARCHUK Notary Public, State of New York No 01B06067958 Qualified in Suffolk County 24, 20 My Commission Expires Dec. -- shall have controh on ail pumps that located within a single freestanding will permit said pumps to operate only ; sm~utm ~ the sl~ping earner when a dispensing nozzle is removed site. (a) Each pmfid serf-service gasoline facility ~ haw a qualified at. dent on duty ~ ~ ~on is ~n for ~i~s. It s~l ~ ~e duty of ~ ment~to~~ customer ~ ~e self-~ice pump isl~ ~d ~ ~nsing ~uipment ~ of ~ qu~fiM ~. A canal ~l ~ ~ ~h ~l shut off ~y ~mver. including when be is o~rating ~e diseasing ~uip- (e) ~e console mgula~ng tbe flow customer at the self-service pump (d) ~e ~lf-servi~ pump isled ~ ~ Flea mnrketa. [Added 10- 1%1995 by L.L. No. 21-1995] C. [Amended 5-9-1989 by L.L. No. 6-1989] Acces~3ry u~es. The following uses and sigos, which ate governed by Article XX, a~ subject to site (1) Accessory usea set fo~h in and as regulated by § 100-3lC(I) through (8) and (10) of the Agricultural- Conservation Distriot, subjcct to the conditions set forth in § 100-33 thereof. [Amended I 1-29-1994 by L.L. No. 26- 1994] ~2) Open storage of materials Or shall be at least twenty-five (25) (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in bei~ht. (3) Apartments are penmttad the p~cipal atmotm~ subject to the from its bracket on the pump and the switch for this pump is manually oger- ated. (e) The self-service pump island shall be protected by an automatic fire- protection system iq the form of an approved system of dry powder release which will act as an automatic fire extinguisher. (0 Ho customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle opera- (g) There shall be no intch-opon device on any self-service dispensing nozzle. (14) Privata transportation service, including garage and maintenance facilities. (1~) One fumi~7 ~"~ ~ ~v~lling0, ~¢t ts ¢~srd ~ (l) d~,dl~ es ~' ~- [A~'~I 7 1~ L993 kj LJ~ 1'I~ 11 (4~ ( 15~ [Added $- 16-1~94 by L,L No. 9-1994] Fmmula food restaurante" located within a shopping e~asr in this zone, Subject to the following require- i) The R,~, De~anmen~ i~{mm~ ]e~t one (D off s~t ~ing ~. v) Cons~c~on ~ ~m~ine t~ ~ed for site pl~ ~v~ ~ fu~ ~Bcal~ in s~fion 1~ ~d b~cle ~V in ~en~] unless such No building or p~s sh~l ~ sh~ ~ ~d or ~ in ~e B ~ t~ Bulk Seh~le ~d P~ng ~d ~ ~ng Sc~dules i~ ~ f~ ned eff~t ~ if such ~ons [ 1~-103. Front y~d seth~ks. [3~ 8-22-1~5 by DL. No. 18- ~t~f-way. (~) ~ fm of france ~ o~ (1) BYO~ ~Y~ LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of July 2002 a Local Law entitled" Local Law in relation to General Business District in Chal~ter 100 of the Code of the Town of Southold" now, therefore, be it NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 530905 Main Road, Southold, New York, on the 13th day of August 2002 ut 5:04 l~.m. at which time all interested persons will be given an opportunity to be heard. The proposed "Local Law in relation to General Business District in Chal~ter 100 of the Code of the Town of Southold" and, which includes the following: LOCAL LAW NO. 2002 TOWN OF SOUTHOLD A Local Law in Relation to Zoning, Chapter 100, Article X, General Business (B) District of the Code of the Town of Southold is hereby amended as follows: ARTICLE X, General Business (B) District [Added 1-10-1989 by L.L. No. 1 - 1989EN] § 100-100. Purpose. The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 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. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-3 lA(2) and (3) of the Agricultural-Conservation District. (2) Any permitted use set forth in and regulated by § 100-91A(3) to (19) of the Hamlet Business District. [Amended 2-7-1995 by L.L. No. 3-1995] (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses or yards. (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. (11) [Added 11-29-1994 by L.L. No. 26-1994] Wineries which meet the following standards: (a) It shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) It shall obtain site plan approval. (c) It shall have retail sales on site. (12) One-family detached dwelling. (13) Two-family dwelling. 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 as set forth in and regulated by § 100-31B(2) to (12), except wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-1989] (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8-13-1991 by L.L. No. 19-1991] (3) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(14) of the Agricultural-Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (5) Research, design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental to commercial recreation, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carried on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surface waters and the groundwater reservoir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where the minimum lot size for a freestanding structure is forty thousand (40,000) square feet. [Amended 5-16-1994 by L.L. No. 9-1994] (10) Drinking establishments. (11) Automobile laundries. (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. (d) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. (g)ENNo gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home. (13) Partial self-service gasoline service stations, subject to all of the provisions of § 100-101B(12) herein and the following additional requirements: (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-service pump island and the dispensing equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut offthe flow of gasoline to the dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever, including when he is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-service pump island shall be protected by an automatic fire-protection system in the form of an approved system of dry powder release which will act as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline tmless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch-open device on any self-service dispensing nozzle. (14) Private transportation service, including garage and maintenance facilities. (15) One family detached dwellings, not to exceed one (1) d~velling on each lot. [Added 7 13 1993 by L.L. No. 11 1993] (15) (15) [Added 5-16-1994 by L.L. No. 9-1994] Formula food restaurants located within a shopping center in this zone, subject to the following requirements: (a) There must be sufficient parking as provided for by the Article XIX, Parking and Loading Areas, of this chapter, and such parking area shall be available within the shopping center site to accommodate the use. (b) The operation of the establishment shall not create traffic problems. (c) There shall be no cotmter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or a walkup window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. (e) Advertisements, including trademark loges, may not be affixed, painted or glued onto the windows of the business or onto any exterior structure, including waste disposal receptacles and flags. (f) The signage must conform to the existing color theme and signage style of the shopping center. (g) The existing exterior architectural style of the shopping center building may not be altered or modified in any way to accommodate the proposed use. (h) The use must be located within the shopping center's main primary building complex and may not be located within a single freestanding structure within the shopping center site. (17) (16) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995] C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are 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 District, subject to the conditions set forth in § 100-33 thereofi [Amended 11-29-1994 by L.L. No. 26-1994] (2)ENOpen storage of materials or equipment, provided that such storage shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. (3) Apartments are permitted within the principal structure subject to the following requirements: i) ii) iii) iv) v) The Buildin~ Department issuin~ an accessory apartment permit. The habitable floor area of each apartment shall be at least three hundred and fifty (350} square feet. There shall be no more than three (3) apartments created or maintained in any single structure. Each apartment shall have at least one (1) off street parkinR space. Construction and/or remodelin~ of an existing structure to create an accessory apartment shall not tri~er the need for site plan approval set forth specifically in section 100-250 and Article XXV in ~eneral unless such construction or remodeling results in an increase of the square footaRe of the structure. § 100-102. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. EN § 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995] A. Structures shall be set back at least one hundred (100) feet from the right-of-way. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least seventy-five (75) feet from the right-of-way. 100-104. Severabilitv. 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. § 100-105. Effective date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, JULY 2, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON AUGUST 1, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Planning Board Code Committee Town Attorney Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~(~ day of ~}c,.J~ , 2002, she affixed a notice of ~vhich the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: August 13, 2002, 5:04 pm "Local Law in relation to General Business District in Chaoter 100 of the Code of the Town of Southold F---Elizabeth A. NeVille Southold Town Clerk Swom before me ~his. aO~ day of ~ ~ N~otary 2 Iblic~,.,~.._L/fZ~ ,2002. 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. 471 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 2, 2002: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of July 2002 a Local Law entitled "Local Law in relation to General Business District in Chal~ter 100 of the Code of the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 530905 Main Road, Southold, New York, on the 13th day of Aueust 2002 at 5:04 I~.m. at which time all interested persons will be given an opportunity to be heard. LOCAL LAW NO. 2002 TOWN OF SOUTHOLD A Local Law in Relation to Zoning, Chapter 100, Article X, General Business (B) District of the Code of the Town of Southold is hereby amended as follows: ARTICLE X, General Business (B) District [Added 1-10-1989 by L.L. No. 1-1989EN] § 100-100. Purpose. The purpose of the General Business (B) District is to provide for retail and wholesale commemial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. § 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. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-3 lA(2) and (3) of the Agricultural- Conservation District. (2) Any permitted use set forth in and regulated by § 100-9 lA(3) to (19) of the Hamlet Business District. [Amended 2-7-1995 by L.L. No. 3-1995] (3) Wholesale businesses, warehouses and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses or yards. (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. (11) [Added 11-29-1994 by L.L. No. 26-1994] Wineries which meet the following standards: (a) It shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) It shall obtain site plan approval. (c) It shall have retail sales on site. (12) One-family detached dwellina. (13) Two-family dwelling. 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 as set forth in and regulated by § 100-31B(2) to (12), except wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-1989] (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8- 13-1991 by L.L. No. 19-1991] (3) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(14) of the Agricultural-Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (5) Research, design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating finks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas and clubs and uses normally accessory and incidental to commercial recreation, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) Laundry or dry-cleaning plants, subject to the following conditions: (a) All processes and storage shall be carded on within an enclosed building. (b) All fluids used in processing shall be recycled, and the overall facility shall be designed, located and operated to protect surface waters and the groundwater reservoir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where the minimum lot size for a freestanding structure is forty thousand (40,000) square feet. [Amended 5-16-1994 by L.L. No. 9-1994] (10) Drinking establishments. (11) Automobile laundries. (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. (d) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. (g)ENNo gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home. (13) Partial self-service gasoline service stations, subject to all of the provisions of § 100- 101B(12) herein and the following additional requirements: (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-service pump island and the dispensing equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever, including when he is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-service pump island shall be protected by an automatic fire-protection system in the form of an approved system of dry powder release which will act as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch-open device on any self-service dispensing nozzle. (14) Private transportation service, including garage and maintenance facilities. (15) Ono family detached dwollings, not to exceed ono (1) d~velling on each lot. [Added 7 13 1993 byL.L. No. 11 1993] (!5) (15) [Added 5-16-1994 by L.L. No. 9-1994] Formula food restaurants located within a shopping center in this zone, subject to the following requirements: (a) There must be sufficient parking as provided for by the Article XIX, Parking and Loading Areas, of this chapter, and such parking area shall be available within the shopping center site to accommodate the use. (b) The operation of the establishment shall not create traffic problems. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or a walkup window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structure, including waste disposal receptacles and flags. (f') The signage must conform to the existing color theme and signage style of the shopping center. (g) The existing exterior architectural style of the shopping center building may not be altered or modified in any way to accommodate the proposed use. (h) The use must be located within the shopping center's main primary building complex and may not be located within a single freestanding structure within the shopping center site. (17) (16) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995] C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are 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 District, subject to the conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 26-1994] (2)ENOpen storage of materials or equipment, provided that such storage shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. (3) Apartments are permitted within the principal structure subject to the following requirements: i) ii) iii) iv) v) The Building Department issuine an accessory apartment permit. The habitable floor area of each apartment shall be at least three hundred and fifty (350) souare feet. There shall be no more than three (3) apartments created or maintained in any sinele structure. Each apartment shall have at least one (1) off street parking space. Construction and/or remodeling of an existine structure to create an accessory al~artment shall not tfie~er the need for site plan approval set forth s~eciftcally in section 100-250 and Article XXV in general unless such construction or remodeling results in an increase of the s0uare footaee of the structure. § 100-102. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. EN § 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995] A. Structures shall be set back at least one hundred (100) feet from the fight-of-way. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least seventy-five (75) feet from the right-of-way. 100-104. 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. § 100-105. Effective date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Elizabeth A. Neville Southold Town Clerk V - 471 RESOLUTION JULY 2, 2002 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of July 2002 a Local Law entitled" Local Law in relation to General Business District in Chapter 100 of the Code of the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 530905 Main Road, Southold, New York, on th 13a day of August 2002 at 5:04 D.m.at which time all interested persons will be given an opportunity to be heard. (text attached) ARTICI;ISX, General Business ([3) District [Added I 10 1989 byl.l. TNc). I 1989EN] ~ 100-100. Purpose. Thc pml>osc oi:the General Business lB) District is to provide fbi' retail and wholesale commercial devdopment ztnd limited el'rice and industrial development outside el' thc hamlet central business areas, generally along major highways. It is designed to accommodate oses that benefit Ii'om large munbers el'motorists, that need tktirly large parcels of land and that may involve characteristics such as heavy wttcking and noise. ~ 100-101. Use regulations. In the B District, uo building or premises shall be used and no buildiug or part thereof shall be erected or altered which is ~ged, intended or desired to be used, in whole or in pa~, for ;my uses except the following: A. [~ended 5-9-1989 by L.L. No. 6-1989] Pe~itted uses. The fbllowing uses ~e pemfitted uses and, except for those uses pe~itted under Subsection A(1), (12) ~d (13) hereof, are subject to site pl~ approval by the Plamfing Board: (1) ~y pe~itted use set foah in and regulated by ~ 100-3 lA(2) trod (3) of the A~cultural-Conse~ation District. (2) Any pe~itted use set fo~h in and regulated by ~ 100-91A(3) to (19) of~e Hamlet Business District. [~ended 2-7-1995 by L.L. No. 3-1995] (3) Wholesale businesses, warehouses mtd building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses or yards. (5) Cold storage plants, b~ing and other food processing and packaging plants that arc not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, uoise, odor or effluent. (6) Wholesale or retail sale and accessory storage and display of garden materials, supplies and plants, including nurse~ operations, provided that the outdoor storage or display ofpl~ts and materials does not obstruct pedestrian flow or vehicular traffic zmd does not occur ~vitbin three (3) fect of the propeay line. (7) Wholesale/retail beverage distribution. (8) Funeral homes. (9) Train or bus stations. (10) Telephone exchanges. (I 1) [Added 11-29-1994 by L.L. No. 26-1994] Wineries which meet the following standards: (a) It shall be a rrm wine~ licensed under New York State law from which wine made front primarily Long Island grapes is produced m~d sold. (b) It shall obtain site pl~ approval. (c) It shall have retail sales on site. (12) One-fmilv detached dwelling. (13} Two-f~ilv dwelling. B. Uses permitted by special exception by the Board of Appeals. The following uses are pe~itted as a special exception by the Bo~d of Appeals, as hereinalfer provided, subject to site plan approval by the Plmming Board: (1) ~y special exception use as set foah in ~d regulated by } 100-3 lB(2) to (12), except ~vinefies ~e not required to be in co~ection with a vineyard. [Amended 8-1-1989 byL.L. No. 15-1989] (2) Hotel or motel uses as set fbrth in aud regulated by 3 100-61 t3(4) of thc Resort Residential (RR) District, except that tho mininmm lot size shall be three (3) acres. [Amended 8-13-1991 by L.L. No. 19-1991] (3) Bed-and-breaktXast entc~l~rises or boarding and/or tourist holnes as set IYrth in and regulated by ~ 100-3 lB(14) of the Agricultural-Conservation District, except that no site plan approval is required. (4) Tourist camps as regulated by Chap[er 88, Touris[ aud Trailer Camps, of tim Town Code. (5) Research, design or development laboratories, provided that any manuGcturing shall be limited to protot~es and products for testing. (6) Fully enclosed con~ercial recreation hcilities, including but not limited to te~is clubs, skating fi~s, paddle te~is, h~dball ~d squash facilities, d~ce halls, billiard p~lors, bowling alleys, health spas and clubs and uses no,ally accessow and incidental to cmmercial recreation, such as locker rooms, eating and driving facilities and retail sale of goods associated with the pa~icular activity. (7) Laund~ or d~-cle~ing pl~ts, subject to the follmving conditions: (a) Ail processes and storage shall be c~ed on within ~ enclosed building. (b) All fluids used in processing shall be recycled, and the overall hcility shall be designed, located and operated to protect surface waters and the groundwater rese~oir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Take-out restaurants, provided that eating on the premises oFthe take-out restaurm~t shall be pe~itted only inside the structure or in areas specifically desi~ated m~d properly maintained outside of the structure and ~vhere the minimmn lot size for a freestanding structure is forty thousand (40,000) square feet. [~ended 5-16-1994 by L.L. No. 9-1994] (10) Drinking establis~euts. (11) Automobile laundries. (12) Public garages, gasoline seD'ice stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers m~d boat sales, with accesso~ repair hcilities, all subject to the followiug requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less thm~ twelve (12) feet and not more than thi~y (30) feet and shall be located not less than teu (10) feet from any prope~y line and shall be so laid out as to avoid tim necessity of any vehicle backing out across any public right-of-xvay. (b) Sale of used vehicles or boats shall bc conducted only as accesso~7 to the sale of new vehicles or boats. (c) Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. (d) All se~ice or repair of motor vehicles, other th~ such minor se~icing as ch~ge of tires or sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flammable oils in bulk shall be located fully undergound and not less than thirty-five (35) feet from any prope~y line other than the street line. (8 No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or prope~y line. {g)ENNo gasoline service or repair shops oi' similar businesses arc to be located within three hnndred (300) lket of a church, public school, library, hospital, orphanage or rest hon/c. (13) Partial self-service gasoline service statious, subject to all ol'th¢, provisioas of~ 100-101 B(12) herein and the fbllowi ug additional requirements: (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is opeu for business, It shall bc the duty of the qualilied attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-service pump ishmd and the dispensing equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever, including when he is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing equipment therealler operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstn~cted view of the operation of said remote dispensing equipment. (d) The self-service pump island shall have controls on all pumps that will pem~it said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. (e) The self-service pump island shall be protected by an automatic fire-protection system in the form of an approved system of dry powder release which will act as an atttomatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's Iicense. (g) There shall be no latch-open device on any self-service dispensing nozzle. (14) Prb, ate transportatiou service, including garage and maintenance facilities. (4-5-)---One f[mgty4~e&~ dwellingsr4mt tc exceed ~)4wel4i-~cm eaelMot. (16) [Added 5-16-1994 by L.L. No. 9-1994] Fommla tbod restaurants located within a shopping center in this zone, subject to the following requiremeuts: (a) There must be sufficient parking as provided for by the Article XIX, Parking and Loading Areas, of this chapter, and such p~king area shall be available within the shopping center site to accommodate the use. (b) The operation of the establistmaent shall not create traffic problems. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drivemp, drive-by or a walkup window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior stmctx, tre, including waste disposal receptacles and flags. (f) The signage must conform to the existing color theme and signage style of the shopping center. (g) The cxistmg exterior architectural style of the shopping center building may uot be altered or modified in any way to accommodate the proposed use. (h) Thc use nmst be located within tile shopping center's main prin~ary building complex and may not be located within a single ll-cestanding structmc within thc shopping ccuter site. (17) Flea markets. [Added 10-17-1995 by L.L. No. 21-1995] C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. Thc l'ollowing rises are pennitted 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 § 100-3 lC(l) through (8) and (10) of the Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. [Amended 11-29-1994 by L.L. No. 26-1994] (2)ENOpen storage of materials or equipment, provided that such storage shall be at least twenty-five (25) feet from any lot line, not be more than six (6) feet high and be suitably screened by a solid fence or other suitable means of at least six (6) feet in height. (3) Apartments are permitted within the principal structure subiect to the following requirements: i) ii) iii) iv) v) The Building Department issuing an accessory al~artment permit. The habitable floor area of each apartment shall be at least three hundred and fifty (350) square feet. There shall be no more than three (3~ apartments created or maintained in any single structure. Each apartment shall have at least one (1) off street parking space. Construction and/or remodeling of an existin~ structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in section 100-250 and Article XXV in general unless such construction or remodeling results in an increase of the square footage of the structure. § 100-102. Bulk, area and parking requirements. No building or premises shall be used and no building or part thereof shall be erected or altered in tile B District unless thc same conforu~s to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same lbrce and effect as if such regulations were set forth herein in full.EN § 100-103. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995] A. Structures shall be set back at least one buudred (100) feet from the right-of-way. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (I) street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least seventy-five (75) feet from the fight-of-way.