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HomeMy WebLinkAboutCode Intepretation of Chapter 280 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �' P.O.Box 1179 54375 Mate Route 25 Southold, NY 11971 (car. Main Rd. &Youngs Ave.) Southold, NY Telephone: 831 765-1938 vvww.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Kanes Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: April 10, 2018 Re: Request for Code Interpretation Density and Minimum Lot Size Schedule for Residential Districts (280 Attachment 1) and the Bulk Schedule for Residential Districts (280 Attachment 3) The Planning Board is seeking a code interpretation from the Zoning Board of Appeals with regard to the use of certain tables in the Town Code's Zoning Chapter. More particularly,, we seek corroboration or correction as to our reading of the Density and Minimum Lot Size 'Schedule ("Density Schedule"), and the Bulk Schedule for Residential Districts ("Bulk Schedule"). Our reading and understanding of the use of these tables is as follows: In the Density Schedule, the categories across the top line identify the zoning district, and the column along the left side identifies five categories as follow: 1) 1-family detached dwelling 2) 2-family detached dwelling 3) Multiple dwelling unit or townhouse 4) Motel, hotel or conference center guest unit 5) Nan-residential use (as permitted) Under four of these categories are subcategories that identify three different minimum lot sizes for different situations: without utilities, with community water, with community water and sewer. In addition there are three notes indicated in various places with superscript numerals. The notes provided ded give clear indications about how the two,Schedules are to be used. We read it as the purpose of the Density Schedule is to understand how much area each house, multiple dwelling or motel unit requires per unit, and the Bulk Schedule is used to determine lot dimensions and setbacks, minimum livable floor area per dwelling, lot coverage, building height and number of stories. At the end of the Density Schedule's title is a superscript "1" that refers to Note 1, and because its location is in the title, it applies to the entire table. It states that where there are Roman numerals indicated, the reader is to refer to the applicable column (identified with a Roman numeral) in the Bulk Schedule. It also states that where there are no Roman numerals, the reader is to refer to the corresponding zoning district column in the Residential Bulk Schedule. For example, to determine the minimum lot size for a development of 2-family dwellings without utilities in the R-40 zoning district, the first step is to determine the density allowed using the Density Schedule. Following the line for "2-family dwelling without utilities" to the R-40 zoning district column, the minimum lot size is 80,000 square feet. There is a Roman numeral iii next to the minimum lot size. To learn more about the requirements for livable floor area, lot coverage, and other dimensions, the next step is to refer to the Bulk Schedule under column iii. If the zone were R-80, the Roman numeral A column in the Bulk Schedule would be consulted. In two of the five categories in the Density Schedule there is an applicable note, Note 2, for hotel/motel units and multiple dwellings. This note states that for hotel/motels and multiple dwellings, the Density Schedule is used to determine the minimum lot size per unit. It goes on to refer the reader to the Bulk Schedule for total lot size (different than lot size per unit). The Bulk Schedule also includes minimum livable floor area For example, for a hotel guest unit with community water and sewer in the RR zoning district, if you begin at the heading for 'Motel, hotel or conference center guest unit' in the Density Schedule, the reader is referred by the superscript numeral 2 to Note 2 below. Note 2 instructs the reader to use the minimum lot size in the appropriate row to determine the minimum lot area per unit. In the row for guest unit with community water and sewer', it states that each unit requires 4,000 square feet minimum lot area per unit. Note 2 also instructs the reader to refer to the Residential Bulk Schedule for total lot size (meaning the minimum size of the entire lot where the hotel is to be located). Remembering that Note 1 states that where no Roman numeral is indicated, the reader is to refer to the corresponding zoning district column in the Residential Bulk Schedule, the next step is to look under the RR zoning district column. There the overall minimum lot size for a hotel is 20,000 sq. ft. (the notes defer to more restrictive sizes found as conditions in the text of the zoning chapter, if any). Also in that column is the minimum livable floor area per unit, and in the case of hotels/motels, there is a notation (Note 1) that appears as a superscript to that floor area. Note 1 sends the reader to the text of the chapter for other requirements and also to the Density Schedule. 2 Another example is the 'Multiple dwelling unit or townhouse category'. Beginning with the Density Schedule, the heading for that category also refers the reader to Note 2, and one finds that the minimum lot size per unit is either 20,000 or 10,000 square feet, depending on whether there is public water and sewer. Following the guidance of Notes 1 and 2, the reader is then sent to the Bulk Schedule and, since there are no Roman numerals indicated in the multiple dwelling rows, the applicable zoning district column is consulted. In this case, only one, the HD zoning district, is possible. Under the HD zoning district, the overall lot size must be at least 20,000 square feet and, much like the hotels/motels example, the minimum livable floor area has a notation. Superscript 2 leads to Note 2 in the Bulk Schedule, which allows multiple dwelling units that have one bedroom or are studios to have as little as 600 square feet in livable floor area. We have attached the two relevant schedules for your review. We are looking for the Zoning Board of A ppeals' formal corroboration with our reading of these schedules as described above, or correction as needed. Thank you for your time. Thank you for your assistance., ZONING 280 Attachment I Town of Southold Density and Minimum Lot Size Schedule for Residential Districts' [Added 1-10-1989 by L.L.No.1-19891 R-40 R-80 R-120 R-200 R-400 HD Residential Residential A-C Residential Residential Residential Hamlet RR RO Agricultural- Low-Density Low-Density Low-Density Low-Density Low-Density Density Resort Residential Districts Conservation (One-Acre) (Two-Acre) (Three-Acre) (Five-Acre) l (Ten-Acre) Residential Residential Office Minimum lot size(square feet): ............ ..... 1-family detached dwelling Residential unit without utilities 1 80,000 40,000 801000 120000 200,000 4001000 20,000(vii) 20,000(vii) 40,000 Residential unit with communitv water _I NA NA NA NA NA NA 20,000(vii) 20,000(vil) NA Residential unit with communit,water and NA NA NA NA NA NA a000(xi), 12,000(Xj) NA Y sewer 2-farn ly detached dwelling i I 40,0_00(I i) .8.0-000 0 400,000(vi) 89,00,000 2-family dwel�without utilities 1601000(x 1 80 160,000(xii) 24U 0(0 40,000 f' 2-!a it �el�linp with community water NA NA NA NA NA NA 40:000 ii 40.000(ii) NA 2-family and sewer _T NA NA NA NA NA NA 20,000(vii) 20,000(VII) NA dwelling with community water Multiple dwellin&unit or townhouse N Multiple dwelling or townhouse without NA NA NIA NA NA N 20000 NA' A utilities Multiple dwelling or townhouse with NA NA NA NA NA NA 201000 NAB NA communta'g water Multiple dwellincy or townhouse with NA NA NA NA NA NA 107000 BAD NA community-water and sewer ........... Motel,hotel or conference center guest unIC Guest unit without utilities NA NA NA NA NA NA NA 6.ODO NA N NA NA ,000 A 6 N Guest unit with community water NA NA NA NA A N Guest unit with communiN water and sewer NA NA NA NA NA NA NA 4,000 A —- —----------- Nonresidenuil use is permitted) N Use with or without utilities 401000 L-8 Moo 120,000 200,000 400000 A 40,000 40,000 KEY: N A—Not applicable, NOTES: 'Roman numerals refer to applicable column in the Residential Bulk Schedule.Where no Roman numeral is indicated,refer to the district column in the Residential Bulk Schedule. 2 For multiple dwelling,hotel,motel and/or conference uses-(where permitted).this table refers,to minimum lot arez per unit,Refer to the Residential Bulk Schedule for total lot size,yard and I sittbac.k dimensions for the applicable district,untess more-restrictive requirements are indicated in the text of the chapter. '[Amended 8-1-1989 by L.L.No.14-19891 i 280 Attactiment 1:1 05-01-2006 ZONING 280 Attachment 3 Town of Southold Bulk Schedule for Residential Districts [Added 1-10-1989 by L.L.No.1-19891 iv v . Column No. i ii iii vi .vie ix x x1 xii — - -- - Residential Unit 2-Family Where Detached Community Dwellings Water and in R-80 District A-C R-40 R-80 R-120 R-200 R-400 HD RR RO Sewer Available District Minimum requirements for 1-family detached dwel I inks' Lot size(square feet) 807000 40,000 80,000 120,000 2007000 400,00 20,000 20,000 40,000 10,000 160,000 e Lot width(feet) 175 150 175 200 270 270 75 75 150 60 a 270 Lot depth(feet) 250 175 250 300 400 400 120 120 175 a 80 1 400 1 Front yard feet0 50 600 60 60 35 35 50 a 30 60 Side yard feet 20 15 20 30 30 30 15 15 15 15 30 Both sideardsfeet 45 35 45 60 60 b0 30 30 35 30 — 0 Rear yard(feet) 75 50 75 85 100 100 35 35 50 30 85 Livable flour areas feet pc d 1179,:n. 850 850 850 850 850 850 850' 850: 850 850 850 Maximum permitted dimensions; 3 1 Lot coverage(percent) 20 20 20 10 5 _ 5 25 25 20 25 10 Building height(feet) - 35 35 35 35 35 35 35 35 35 35 35 -_ 2 z 2�� 2'a 2 -- 2 2 2'2 2' 2 Number of stories 2 z 2 a NOTES: 'See text of chapter and Density and Minimum Lot Size Schedules for applicable districts. Except one-bedroom or studio in multiple dwell ing may have 600 square feet.MInimurn floor area may be reduced up to 200 for moderate-anal/car lower-cost dwellings, Except cane-bedroom or studio in multiple dwelling may have 600 square feet. 280 Attacl ellt 3:1 05-01-2006