HomeMy WebLinkAboutTB-04/09/1957MEETING OF APRIL 9, 19~7~o
The Southold Town Board met at the office of ~upervisor Norman E. Klipp
at Greenport~ on Tuesday~ April 9~ 19~7. The meeting was called to order
at l:~O P.M. with the following present: Supervisor Klipp; Councilman
Albertson;. Justices Tuthill~ Clark and Demarest Supt, of Highways
Price; Town Attorney Terry and Town Clerk Booth!
The Board sat at once as a committee on audit to examine claims against
the Town concluding the audit work at 2 o'clock P.M.
Moved by Councilman Albertson$ se6onded b~ Justice Clark:
RESOLVED: That the minutes of the ~reviou~ meeting be and hereby are
duly. approved as read.
Vote of Town Board: Ayes-Supervisor Klipp~ Cou~ncilman Albertson;
Justices Tuthill~ Clark and Demarest.
Moved by Justice Demarest; Seconded by Justice Tuthill:
RESOLVED: That the regular monthly meeting of this Board will be held
at the office of Supervisor Norman Eo Klipp ~ at Greenport~ on Tuesday~
April 2B~ 19~7~ at l:~O P.M. o'clock.
Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albertson:
Justices Tuthill~ Clark~and Demaresto
Eugene Mazzaferro and Benjamin Horton appeared before the Board pre-
senting a petition signed by eleven residents residing on Oak Street,
on that portion which is outside the Incorporated Village of Greenport~
complaining of the parking of motor vehicles on said street from 8 a.m~
to ~ P.M. on school days~ which causes a great inconvenience to the
residents.
Moved by Justice Clark; seconded by Justice Tuthill:
RESOLVED: That parking signs be installed on both sides of Oak Street
on that portion which is outside of the Incorporated Village of Green-
port~ siad signs to read 2 hour parking from 8 a.m. to ~ p.m.
Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albertson:
Justices Tuthill, Clark and Demarest. ·
Moved by Justice Clark; seconded by Justice Demarest:
WHEREAS~ a resolution was adopted by the Village B~ard of the Village
~f Greenport recommending that there should be harmonious and effective
development and cooperati-~Ee funtioning of the Town and the Village for
the interest of all concerned~ and
WHEREAS~ it was recommended that a laison committee ofthe Village Board
and the Town Board be appointed for such purpose, and
~MHEREAS, That Town Board has in the past always endeavered to cooperate
with the Village and is desirous of further cooperation~ now~ therefore~
be it
RESOLVED: That the Supervisor be and he hereby is authorized to appoint
such a committee to work with a similar committee appointed by the Village
Board.
D~ted: April 9~ 19~?.
VOte of Town Board: Ayes-Supervisor Klipp; Councilman Albertson;
J~stices Tuthill~ Clark and Demarest.
Moved by Justice Clark~ seconded by Justice DemRrest:
MHEREAS. all the matters and things required to be done by the Town
Law of the State of New York in order that the Town Boar8 of the Town
of Southold~ Suffolk County, State of New York, may avail itself of the
powers conferred by said law have been duly compiled with~
NOW, THEREFORE~ the Town Board of the Town of Southold~ Suffolk County~
New York~ by virtue of the authority in it by law invested~ hereby or-
dains ~nd enacts the following ORDIN&NCE:
SECTION ! - SECTION 1012
The Town Clerk of the Town of Southold, Suffolk County~ is hereby author-
ized and directed to enter this Building Ordinance in the minutes of the
Town Bo~rd~ to publish a. copy thereof (exclusive of the Building Zone
Maps incorporated herein)once in the Long Island Traveler-Mattituck
Watchman and in the Suffolk Times, to post a copy thereof together
with the map on ~he signboard maintained by ~m pursuant to Town Law,
and to file in his office affidavits of such publication and posting.
This ordinance shall take effect ten days after such publication and
posting. BY ORDER OF THE SOUTHOLD TOWN BOARD: Supervisor Klipp$ Council-
man Albertson; Justices Tuthill, Clark & Demarest.
'389
The $~$di~ Zone Ordinance~ Town of Southold~ Suffolk County~
New York~ is attached to the minutes of this meeting.
BUILDING ZONE ORDINANCE
TOWN OF SOUTHOLD
SU FFOLK COUNTY, NEW YORK
An ordinance classifying, regulating
and restricting the height, number of
stories, size of buildings and other
structures= the percentage of lot that
ma~ be occupied, the size of yards and
other open spaces, the density of popu-
lation, the location and ~se of build-
ings, structures and land f6r ~rade, in-
dustry, residence and other purposes,
(provided that such regulations shall
apply to and affect only such part of
the town outside the limits of any in-
corporated village), establishing the
boundaries of districts for said-pur-
poses so as to promote the health, safe-
ty, morals and general welfare of the
Town of Southold with reasonable con-
sideration, among ~ther things to the
most desirable use for winch the land
of each district may be adapted, the
peculiar suitability f~r particular use
of a district, the conservation of prop-
erty values and the direction of build-
Lng development in accordance with a
well considered plan and mso to estab-
lish penalties for violation of these
regulations as prescribed by the sta-
tutes.
TABLE OF CONTENTS
. Short Title Section
Article 1 Definitions 190
Article 11 Districts 200
Article III "A" Residential und
~' Agricultural District 300
Article IV "B" Business District 400
Article V "C" Industrial District 500
Article VI Tourist Camps, Camp
Cottages and Trailers 600
Article VII Applications and Per-
mits '~00
Article VIII Board of Appeals 800
Article IX Amendments 900
Article X General Provisions 1000
WHEREAS, all the matters and
things required to be done by the Town
Law of the State of New York in order
that the Town Board of the Town of
Southold, Suffolk County, State of New
York, may avail itself el the powers
conferred by said law have been duly
complied 'with.
NOW THEREPORE, the Town Board
of the Town of Southold, Suffolk Coun-
ty, State of New York, by virtue of
the authority in it by law invested,
hereby ordains and enacts the follow-
ing ordinance.
SECTION 1--This ordinance shall be
known and may be cited as "The
Building Zone Ordinance of the Town
of Southold, Suffolk County, New
York."
~ ARTICLE I
SE~-~',ON 100--Definitions---For the
.< purpose of this Ordinance, certain
terms and words are, herewith, defined
as follows:
Words used in the preseut tense in-
the word "structure", the word "lot"
includes the word "plot" and the word
"shall" is mandatory and not directory.
1--ACCESSORY B%r~'DING -- A
bulldL~g, subordinate te the main build-
lng on a lot and used ~or purposes
customarily incidental to those of the
main building.
2---AN ACRE -- An acre as applic-
able to this Ordinance shall refer ro
the land exclusive of street areas.
3--BOAt{DING A_ND TOURIST
HOUSES. A building other ~an a hotel
where lodging, with or without meals,
for slx or mars perSons is furnished
for compensation.
4--BUILDING -- A structure having
a roof supported by wans and when
separated by a party wall without
openmgs~ it shall be deemed a separate
building.
5--BUILDING AREA -- The aggre-
gate of the maximun~ horizontal cross
section area of the buildings on a lot,
excluding cornices, eaves, gutters or
chimneys projec%in~ not more than
e~ghteen (18) inches, steps, one (1)
story open porches, bay windows, not
extending through more Shah one (1~
story and not projecting more than
five (5) feet, balconies and terraces.
6--BUILDING I-IEIOHT -- The ver-
%icle distance measured from the curb
level to the h~ghest point of the roof
surface, if a flat roof, to the deck line
of a mansard roof, and to' the mean
height level between eaves and ridges
for a gable, hip or gumbrsl roof PRO-
WIDED that chimneys, spires, towers,
elevator penthouses, tanks and simular
projections shall not be included in
the height. Par ~ullding sst back from
the street line and where no curb ex-
ists, the height may be measured from
the average elevation of the ground
surrounding the building.
~--DWELLIAIf~--ONE I~AMILY--A
detached building designed for or oc-
cupied exclusively by one (1) farnily.
8--DY~ELLING--TWO FANirLY- A
detached or sem~-detached
designed for or occupied exclusively by
two (2) familios.
S__DWELLiNG~MLrLTIPLE -- A
bulldin~ or portion, thereof, designed
for or occupied as a home [or three (3)
or more families or households, llving
independently of each other.
10--GARAGE-PRIVATE~A building
used for the storage of one (1) or more
gasoline or other power driven vehicles
owned and used by the owner or ten-
ant of the lot on which it ls erected,
and for the storage of not exceeding
%%vo (2) additional vehicles (not trucks)
owned or used by others.
ll--G~RAGE - p~-BLIC---A b~ld3/lg
other than a private garage, used for
housing or care of gasoline or othe*
power drive~ vehicles, or where such
vehicles are equipped for operation, re-
paired or kept for remuneration, hire
or sale.
elude the future, thefsingular number 12--HOT~A building occupied as
includes the plural arid t~e plural the the more or less temporary abi~-g
~:~[.~ ~ [.. / ~ Page 1
with or without meals and in which
there are more than ten (10) rooms
usually occupied singly and no pro-
vision made for cooking in any in-
dividual apartment.
12A--AUTOM~]F~ILE Wk~ECKING
AND ALL OTHER JUNK YARDS--
Land occupied or to be occupied for
the storage of old wood, paper, cloth
or metal, including old automobiles,
trucks, equipment, machinery, fixtures
and appliances no~ usable as orginally
designed; and aisc' including any Per-
%ions of such old automobiles trucks,
equipment er machinery as are or may
be sold as and for junk or salvage.
13--LOT--Land occmpied or to be oc-
cupied by a building and its accessory
buildings together with such open
spaces as are r~cluired under tiffs Or-
dinance and having its principal front-
age upon a public s~reet or officially
~pproved place.
14---LOT-CORNER--A lot situated at
the junction of two (2) or more streets.
15--LOT-LNTERIOR--A lot other
than a corner lot.
16--LOT-THROUGH--An interior lot
having frontage on two (2) streets.
17--LOT LINES--The lines bounding
a lot as defined herein.
1g--NON - CONFORMI~NG USE--A
building or premises occupied by a use
that does not conform with the regu-
latious of the use district in which it
is situated.
i~--SETBACK--The mlnlmum heri-
sontal distance between the street or
lot line (front, side, or rear, as the
case may be) of the building or any
projection, thereof, excluding stops,
open terraces, and bay windoWS not
projecting more than five (5) feet,
20---STORY--That portion of a build-
ing included between the surface of
any floor and the surface of the floor
next above it or if there be no floor
above it, then the space between it and
the ceiling next above it.
21--STORY-YIALF--A stol'y under a
gable, hip or gambrel roof, the wall
plates of which, on at least two (2)
opposite exterior walls, are not more
than two (2) feet above tlm finished
floor of such story.
22--STRUCTURE--Anything construc-
ted or erected, the use of which re-
quires a more or less permanent lo-
cation on the soil, or attached to some-
thing having a perm,nent location on
the so'il.
23---STRUCTURAL ALTERATIONS---
Any .change in the supporting members
of a building, such as bearing walls,
columns, beams or girderS.
24--YARD--An open space on the
same lot with a building, unoccupied
and unobstructed from the ground up-
ward except ss otherwise provided
herein.
25--PRONT YARD--The required
open space extending along the street
line of any street on which the lot
abuts.
26--REAl% YARD--The required open
space extending along the rear lot line
(not a street line) throughout the
whole width of the lot.
2~--S!I)E YARD--The required open
space extending along the side lot lines
from the front yard to the rear yard.
28~SIZE OF LOT-AREA--The area
of a lot shall be the total area meas-
ured inside all of its boundaries.
ARTICLE IX
Districts
SECTION 20G--USE DISTI~ICT
i~E~ULATIONS---For the purpose of
this Ordinance, the Town of Southold,
outside of the Incorporated Villages,
is hereby divided into three (3) classes
of districts which shall ~e designated
as fo]lows:
"A" RESIDENTIAL AND AGI~ICUL-
TLrl~AL DISTi~ICTS
"B" BUSINESS DISTRICTS
"C" INDUSTI{IAL DISTi~ICTS
SECTION 201--The botmdaries of
said districts are, hereby established
as shDwn upon the Building Zone Maps
which accompany and winch, with all
notations, 'references and uther matter
shown thereon are, hereby, declared
to be part of this Ordinance, as ff the
matters and things set forth by said
map were .all fully described herein.
SECTION 202--No .building shall be
erected, altered or used, and no prem-
ises shall .be used for any other than a
purpose permitted in the zone in which
such building or premises is located.
SECTION 203~The boundaries be-
%ween distPicts are, unless otharwisc
indicated, either street lines, railroad
rights-of-way or such lines extended
or lines parallel thereto or boundaries
cf subdivisions. Where figures are
shown on the zoning maps between a
street and a district boundary line, they
indicate that the district boundary line
runs parallel to the street line at a
distance as so indicated. When the
lo'cation of ,a district boundary line
is not otherwise determined, it shall
be determined by file scale of the map
measured from a ~iven line. Where the
street layout, actually on the ground,
varies from the street layout ss shown
on the zoning maps, the designation
shown on the mapped streets shall
apply in such a way as to carry out
the real intent and purposes e! this
Ordinance for the particular area in
question.
SECTION 204--Where a district
boundary line divides a lot in a single
ownership at the time of passage of
this Ordinance, the Board of Appeals,
as hereinafter provided, may permit
the less restricted use t~' expound to the
whole or any part of such lot.
ARTICLE III
"A" Residential and Agricultural
District
SECTION 300---In the "A" Residen-
tial and Agricultural District, no build-
lng ur premises shall be used and no
building shall be hereafter erected or
altered unless otherwise provided in
this Ordinance, except for one (1) or
more of the following uses:
1--One (1) family dwellings.
2--Churches, schools, libraries.
3--Non-commercial parks, play-
grounds, a~hiefiic fields, bathing
beaches, bathhouses or boathouses.
4--Agricnltural farms, poultry farms,
nurseries, green_houses and truck gard-
ening (does not include farms for the
raising or breeding of ducks)
5--Clubs, fraternity houses and golf
courses, except where the principal ac-
tivities are carried on as a business.
6--Ra]lway passenger stations.
~--AccesserY buildings, including one
(1) private garage, when located nut
less than fifty (50) feet from the front
lot line or a private garage within or
attached to the dwelling.
S--Uses customarily incidental to any
of the .above uses when located on the
same lot and not involving the con-
duct cf a separate business. This shall
be understood to include the profes-
sional office or studio of a doctor,
dentist, teacher, artist, architect, en-
gineer, musician, lawyer, mag~strats or
practitioner of a similar character or
rooms used ~e~ home occupations in-
eluding dressmaking, millinery ar simi-
lar ]~andicrafts, PROVIDED the office,
studio or occupational rooms are lo-
cated in a dwelling in which the prac-
titiuner resides or in a building acces-
sory thereto, and PROVIDED further,
no goods are publicly displayed on the
premises and no sign or advertisement
is shown other than a sign not larger
than ~wo (2) square feet in total area,
bearing only the name and occupation
(words only) cf the practitioner.
9--The sale at retail cf farm garden
or nursery products produced on the
premises or of animals raised on the
premises. One (1) advertising sign or
signs not exceeding twenty-four (24)
square feet in total area advertising
the sale of farm ~arden or nursery
products 1)reduced on the premi.~es or
of animals raised on the premises.
10--Onc (1) rea! estate sign not
larger than twelve (12) square feet in
area on any one (1) or more lots, ad-
vertising ~he sale or letting of only
the premises on which it is maintained
~nd set back not less than the required
front yard distance and net less than
ten (10) feet from each side line.
When the advertising sign is for the
purpose of selling or leasing ef acreage,
or the selling of lots in a subdivision,
one (1) real estate sign, havin~ an ares
of not more than twenty-four (24)
square feet, will be permi~tsd on each
five hundred (500) feet to one thous-
and (1000) feet ~f frontage on the
highway or highways on which the
~rGperty fronts, PROYA~D said sign
is set back no% less than the front yard
restrictions required and not less than
ten (10) feet from each side line and
the bottom of sign be placed not less
than three (3) feet above the ground.
If the property should have a frontage
of less than five hundred (500) ~eet,
the sign permitted shall have an area
of not more than twelve (12) square
feet and the same restrictions shall
Page 2
apply.
SECTION 301--"A" i-~IGHT--In
the "A" Residential and Agricultural
District, no building, hereafter erec-
ted or altered, shall exceed thirty-five
(35) feet or three (3) stories.
Except public or semi-public build-
ings may be erected to a height not
exceeding fifty (50) feet when set b~ck
an additional six (6) inches on all
sides for each foot such buildings ex-
ceed the height of thirty-five (35) feet.
SECTION 302--"A" BUILDING
AREA--In the "A" Residential and
~ricnltural District, the total building
area sl~ll not exceed tweuty~five (25)
percent cf the total lot area. · ~s
SECTION 303---"A' SIZE OP'LOT-
AREA--In the "A" Residential and
Agricultural District, no building shall
be erected ur ~ltered un a lot of an
area less than twelve thousand five
hundred (12,50G) square feet, or upon
a lot having a frontage of less than
one hundred GOO) feet.
SECTION S0([ ."A" F2ONT YARD--
In the "A" Residential and Agricul-
tural District, the required front yard
shall be at least thirty-five (3~) feet
from the street line.
SECTION 30~Where property in
the vicinity is partly built up with
permanent buildings and un average
setback line af more ur less than thirty
five (35) feet has been established, no
buildings, hereafter erected or altered,
shall project beyond the line of the
average setback so established.
SECTION 306--In case of a corner
lot of record at the time of ~e pas-
sage of this Ordinance, a front yard
shall be required; same to be on a line
with the average setback lines on beth
streets produced to a point of in,r-
section and if no average setback has
been established then a front yard,
thirty-five (35) feet deep, shall be re-
quired on each street front, or may be
decreased as ,a special exception by the
Board of Appeals as hereinafter pro-
vided.
SECTION 30~--"A" SIDE YARDS--
In the "A" Residential and Agricultural
District, there shall be two (2) side
~ards, one (1) on each side of the
buildings, the total aggregate of both
sides to be twenty-five (25) feet and
no one (1) side yard to be less than
ten (10) feet wide.
PROVIDED that, in the case of a
lot held in single and separate owner-
ship at the effective date o~ this Or-
dinance~ of .a width less than one hun-
dred GOO) feet or of an area less than
twelve thousand five hundred (12,500)
feet, a single family dwelling may be
built thereon-with side yards reduced
fifty (50) percent and when further re-
duced as a special exception by the
Board of Appeals as hereinafter pro-
vided.
SECTION 308---"A" REAi~ 'x'ARD~
In the "A" Residential and Agricultur-
al District, there shall be a rear yard
having a minimum depth of twenty-
five (25) ~eet.
PROVIDED that, .in case ufa lot
held in single and separate ownership
at the effective date of this Ordinance,
.having a total depth of less than one
hundred (100) feet, s single ~amily
dwelling may be built thereon with a
rear yard of less than twenty-five (25)
feet, when authorized as a special ex-
ception by the Board of. Appeals as
hereinafter provided and PROVIDED
~urther that in no case shall the rear
yard be less than fifteen (15) ~eet.
SECTION 309---"A" ACCESSORY
BUILDINGS--In the "A" Residential
and Agricultural District, accessory
buildings may occupy forty (49) per-
cent cf the required rear yard up to
an average height of eighteen (1S) feet.
· ~ The yard area allowed by such ac-
eeesory buildings shall be included in
computing the l~ucentage of lot area
to be built upon and PROVIDED
further that no building of any kind
or nature shall be built within three
(S) feet of any lot line.
SECTION 310---O1~-STR~'£ PARK-
lNG AREA--In "A" Residential and
Agricultural Districts, no building shall
be hereafter erected or altered or
added to in excess of fifty (50) percent
of its area price to the adoption of
this Ordinance, unless not less than
one (1) parking apace for each family
unit therein shall be provided for.
· all places cf public assembly including
auditoriums, churches and similar pub-
lic gathering places erected, there shall
be provided not less than one (I) park-
' ' lng space ior each seven (~) permanent
seats in such buildings or for each
part of the total .area within such
building or structure as is or may be
made available for seven (7) perman-
ent or tsmperary seats. The formula
for providing an adequate parking
area ~s an area of three hundred thirty-
four (334) equare feet per required mo-
tor vehicle unit
ARTICLE 1~'
"B" Business District
SECTION 400~In the "B" Business
District, no building or premises shall
be used, and no building shall be here-
after erected or altered unless other-
wise provided in this Ordinance, ex-
'' copt for one (1) or more of the fol-
lowing uses:
l--One (1) family or two (2) family
dwellings; multiple family dwellings
(provided all requirements as are out-
lined in "A" Residential and _A_gricul-
rural District are complied with).
2--All permitted uses as outlined in
'A" residential and Agricultural Dis-
trict.
3--Hotels, motels, motor ledges,
boarding houses and similar establish-
ments.
_~--Hespitais and clinics, other than
those for infectious or contagious dis~
~ eases, or insanity or mental diseases,
-', or liquor or drug addicts.
5--Offices, banks, financial institu-
tions, telephone, telegraph, gas or elec-
tric business.
6~Stores.
~Places of amusement.
8--Restaurants, bakery shops, con-
fect. ionery or ice cream shops or fac-
tories.
9--Public garages or automobile ser-
vice stations when approved as a spec-
ial exception by the Board of Appeals
as hereinafter provided.
10--Storage houses, stables, express,
carting or hauling offices or statio~s,
ice manufacturing, yards for storage
and sale of coal and building materials.
11--Newspaper offices or ~ob printing,
book binderies, laundries, dry cleaning
or dyeing, undertaking ss~ablishments.
12--Creamery, butter or che~e
making, milk bottling or distributing
stations.
13--Shops for car~penters, plumbers,
blacksmiths, upholsterers, electricians,
tinsmiths, paper hangers, painters,
tailors, dressmakers, millinery shop,
shoemakers, jewelers, watch and clock
makers, opticians, musical or scientific
instruments, pet aninmls and other
trades or uses cf ~ similar grade.
14 Commercial docks, piers, ferry
slips, Terry houses, ~fishing stations,
boat yards, bus stations and terminals.
15~.A_ny manu~actuuing, fabricating,
treating, converting, finishing, altering
er assembling, in connection with the
aforesaid permitted uses and which is
a necessary incident and accessory to
the preparation of articles to be sold
primarily on the premises or to the
performing cf a service primarily for
residents of the neighborhood.
16--Aecessory use on the same lot
with and customarily incidental to any
cT the above permitted uses.
SECTION 401. No buildin~ may be
erected, altered, or used, and no lot or
premises except for agriculture may be
used for any trade, industry or business
that has been adjudicated a public
nuisance by a court of record.
SECTION 402--"B' iCIEIO~i'~'---In
the "B" Bushiess District, no building
hereafter erected or ~ltered shall ex-
ceed fifty (50) feet.
SECTION A02---"B" BUILDING
AREA--In the "B" Business District,
no building shall be erected or altered
or used in whole or in part as a dwell-
ing to exceed seventy (~0) percent of
the lot area.
SECTION ~04--"B" i~RONT YARD--
In thc "B" Business District, the re-
quired front yard shall be at least
twenty-five (25l feet.
SECTION 405--V~hero property in
~he vicinity is partly built up with
permanent buildings and an average
setback line has been established, no
buildings hereafter erected or altered
shall project beyond the line of the
average setback ~o established.
SECTION 40~--"B" ]P~E.~ YAi~D--
In the "B" Business District, if a build-
i~g ~ used in whole or in part as a
having a minimum depth of fifteen
dwelling, there shall be a rear yard
(15) feet. pRO-v-I-DED further that, in
the case such building is over forty (40)
feet high, the depth of the rear yard
shall b~ increased five (5l feet for
Page 3
each ten (10) feet or fraction therof
which the-building exceeds forty (40)
feet in height.
SECTION 40~--"B" DENSI~'~ OF
PoPULATION--In the "B" Business
District, no building shall hereafter bm
erected or altered to accommodate or
make provisions for more than twenty
(20) families on one (1) acre of ground
or more than a propertio~al number cf
families on a fractional part uf any
acre ~f land, based on the require-
merits as outlined above.
SECTION 408---C~VIiVIERCIAL
VERTL~ING BOARDS -- In the "B"
Business District, commercial adm, ertis-
lng boards shall net exceed six (6) feet
high by ten (10) Ieet long, the bottom
of which shall be at least three (3)
feet from ,the ground ~nd so placed as
to be at least five (5) feet distant from
ali street and property lines.
SECTION 40~--"B" SIZE OF LOT-
AREA--In the '~" Business District,
no ,building shall be erected or altered
on a lot of an area less uhan seventy-
five hundred (~,500) square feet or
upon a lot having a frontage of less
than fifty (50) feet.
SECTION 410 -- O17~ - STREET
PARKING AI~EA -- In "B" Business
District, no building shall be hereafter
erected, or-altered or added to in ex-
cess o2 fifty (50) percent of its area
prim' to the adoption of this Ordinance,
unless a minimum provision for off-
street parking shall be made as follows:
(al Hospitals- One (1) parking
space for every four (4) beds.
(b) Theatres--One (1) Parking apace
for every (?) seats.
(c) Dwellings --One ~1) parking
space for every dwelling unit
(d) H~teis -- One (1) parking space
for every two (2) rooms.
(el Ail places of public assembly
such as auditoriums, churches and for
similar uses -- One (1) parking space
for each seven (~) permanent seats or
an ~rea equivalent to seven (~) per-
manent seats.
(,fl All structure~ where offices or
living quarters are provided over the
first floor, an additional space shall be
provided for each office er for each
dwelling unit.
(gl Ail other business buildings
where the ground floor area is in ex-
cess of two thonsa~d fiVe ~undred
(2,500) square 2eet -- One (1) ~arkZug
space for each two hundred (200)
square feet of building area or frac-
tion thereof in excess o~ two thousand
five hmuired (2,500) square ~eet.
The formula for providing an ade-
quate parking area is ,an area of three
hundred thirty-four (334) square feet
per required motor vehicle u~it.
ARTICLE
"C" Industrial District
SECTION 500--In the "C" Industrial
District, all buildings and premises, ex-
cept as otherwise provided in this
Ordinance, may be used for any use
except the following:
1--Abattoirs (except as a special ex-
ception by the Board of Appeals as
hereinafter provided).
2--Acctylene gas manufacture or gas
manufacture from coal, coke, petroleum
or from any other product or the stor-
age thereof.
3--Acid manufacture.
~ .Ammonia, bleaching powder or
chlorine manufacture. 5--Arsenal.
~--Asphalt manufacture.
T--Blast furnace.
8--Cement, lime, gypsum or plaster
of paris manufact%tre.
9--Coke ovens.
l~--Crematoriss.
Il--Distillation of bones.
12---Dwellings, all ,types.
13--Explosivss, manufacture or stor-
age.
14--Fat rendering.
15--Fertilizer manufacture.
16--1~ire works manufacture.
l~--Garbage, offal or dead animals,
reduction or dumping (e~cept a~ a
special exception by the Board af Ap-
peals as hereinafter provided) .
18--431ue, size or gelatine manufac-
ture.
19--Gunpowder manufacture or stor-
age.
19A--Automobile wrecking and all
other jur~ yards.
2~--Oflcloth or linoleum manufacture.
21--Oiled, rubber or leather manufac-
ture.
22--Ore reduction.
23---Paint, oil, shellac, turpentine or
varnish manufacture.
24--Paper and pulp manufacture.
25--Petruleum refining.
26--Potash works.
'28--Rubber or gutta percha manufac-
ture.
29--Salt w~rks.
3a--Sauerkraut manufacture.
31--Shoe blacking or stove polish man-
ufacture.
32---Smelting.
33--Soap manufacture.
3zi--Sto~kyards or slaughter houses
(except as a special exception by the
Board of Appeals as hereinafter pro-
vided).
35--Stone mill or quarry.
36--Structural steel or pipe works.
3'/--Sulphm~c, nitric or hydrochloric
acid manufacture.
38--Sugar refining.
39--Tar distillation or manufacture.
4~--Tar roofing or waterproofing man-
ufacture.
41--Tallow, grease or lard manufac-
42--Tanning, curing or storage of
rawhides or skins.
43--Tobacco (~hewing) manufacture
or treatment.
- 44--Vinegar manufacture.
4~--Yeast plant.
And in general those uses w'nich
are authorized as a special exception
by the Board of Appeals as hereinafter
provided.
SE~i'£ON 501---"C" REAR Y~
In the "C" Industrial District, i~ a
building is used in whole or in part as
a dwelling, there shall be a rear yard
having e minimum depth of f~fty (50)
feet.
SECTION 502--COAiMERCIAL AD-
XrEP~TISING BOAI%DS--In the "C"
dustrial District, commercial advertis-
ing boards shall not exceed six (6) feet
high by ten (10) feet long, the bottom
of which shall be at leas,t three (3)
feet from the ground and so .placed as
to be at least five (5) feet distant from
all street and property lines.
SECTION 503--'?C" i~RONT YARD--
In th~ "C" Industrial District, ~he re-
quoted fron,t yard shall be at least
thirty (gO) feet, provided further that
where property is bounded on any side
by a railroad right-of-way or on a rear
line by a railroad right-of-way, there
shall be a setback along the entire
length of such railroad right-of-waY
or private righ~-of-way o~ ~t least
thirty (30) feet.
SECTION 50~1 ."C" SIZE OP L(yr-
AREA--In the "C' Industrial Di~rict,
no building shall be erected or altered
on a lot of an area less than twelve
thousand five hundred (12,560) square
~eet or upon a lot with a frontage of
less than one hundred (100) feet.
SECTION 505 -- OI~F -
PARKING AREK--In ~he "C' Indus-
trial District, no building stroll, be
hereafter erected or altered or added
~o in excess of fifty (50) percent of its
area prior to the adopt4on of this Ordi-
nance, unless a minimum provision for
off-strect parking Shall be made as
follows:
(a) All buildings where the ground
floor area is two thousand five hundred
(2~500) square feet--~ One (1) parking
space fo!r each two hundred (200)
square feet of building area or fraction
thereof in excess of two thousar~d five
hundred (2,500) square fcet.
(b) All places of public assembly --
One (1) i~arking space for each seven
(~) permanent seats or an area equiv-
alent to seven (7) permanent seats.
(c) All structures where o~ices are
provided over the first floor -- An ad-
ditional parking space shall be pro-
vided for each office.
The formula for providing an ade-
quate parking area is an area of three
hundred thirty-four (334) square feet
per required motor vehicle unit.
ARTICLE ¥I
Tourist Camps, Camp Cottag~
and Trailers
SECTION 600 -- PERI. ITS
~UII~ED--No tom~ist camp shall be es-
tablished, maintained or opera,ed in
any district, nor shall an~ tent, ,te~t-
house, (~amp-co~ge, house-ear or
~*ailer, to be ~sed or occupied as a
place for living, slcel~in~ or eating,
whether charge is or is not made, be
erected or placed therein, unless
thorized by the Town Board pursuant
~o the provisions of the T~ller Carnp
Ordinance dated .Tune 20. 1953.
' SECTION 50~--~ticle 'v~ shall not
Page 4
be de~med to apply to the temporary
or seasonal camp of any unit of the
Boy Scouts of America or the Girl
Scouts of .~anerica or other such or-
ganizations under the leadership pro-
vided by said or~aniz~tior~ ~espeo-
tively.
ARTICLE Vid
Applieations and Permits
SEOTION ~00. It shall be the duty
of the Building Inspector, or such per-
son as designated by the Town Board,
und he is hereby given the power and
authority to enforce the provisions of
this Ordinance.
SECTION '/01--The Buildin~ Inspec=
tot shall require that the application
~for a building permit and the accom-
panying plot plan shall contain an the
information necessary to enable him
to ascertain whether the proposed
building complies with the prov~sion~
of this Ordinance.
SECTION ~02--No building permit
shall be issued ~mtil the Building In-
sgector has certified that the proposed
building or addition complies with all
the provisions of this Ordinance.
SECTION ~03--A permit win be re-
quired prior to the commencing of work
for the erection or additions to all resi-
dence, business and industrial build-
higs. Accessory buildings including all
%ypes of farm buildings except migrant
camps do not require a permit provided
.that all use, height and yard require-
ments have been complied with.
SECTION '~04--All t)erml~ fees and
fees for certificates of occupancy shall
be established by the Town Board.
SECTION ~05--Per each Application
or Appeal to the Board of Appeals as
hereinafter provided, there shall be a
fee of fff~cen .dollars ($15.00) accom-
panying ~he Application or Appeal.
SECTION ~06--All permits shall ex-
pire in one (1) year of issuance thereof,
,the renewal ~ee to bo one half (~)
the original fee.
SECTION V0~--For each proposed
change of the Ordinance or change of
the Zoning 1Vfap as provided by Sect/on
902 of Article IX of this Ordinance,
there shall be a fee of twenty-five dol-
lars (825.00) accompanying the petition.
ARTICLE WlII
Board of Appeals
SECTION 800 -- The Town Board
shall appoint a Board of Appeals con-
sisting of five (5) members as provided
by the Town Law
SECTION 801-A'---The Board of Ap-
peals, may, in a specific case after pub-
1dc notice and hearing, and subject to
appropriate conditions and safegUards,
determine and vary the application of
the regulations herein established in
harmony with their general purpose
and intent ~ follo~s:
B. ~ARIANCE PO~N~:i~S. (1VIAT-
TERS OP APt~F~AL TO THE ~OARD
O1· APPEALS).
Where there are practical difficul-
ties or urmecssssrY hardships in the
way of carrying out the strict letter of
these regulations, the Board of Appeals
shall .l~ave the .power to vary or modifY
~ applicati~ of such re~gnlatlons so
t~t the spirit of the Ordinance shah
be observed, public safety and welfare
secured and substantial justice done.
C. sPECIALPO~V~ AND RULES.
f~ViATi~ERS OF ORIGINAL JIYR~S-
DICTION .~ND BY A.,PpLICATION TO
· ~.'~IE BOARD OF A~pEAI~).
(I) Whenever a use, or the location
thereof, is permitted only ff the B~ard
of Appeals shall approve thereof, the
Board of AppealS may, in a specific
case and ,after notice and public hear-
lng, authorize such permissive use and
its location within the district in which
this Ordinance specifies the permissive
use may be lo~ated, subject, however t~
the following:
(a) Before such approval shall be
given, the Board of Appeals shall de-
termine:-
(1) That the use will not prevent
the orderly and reasonable use of ad-
jacent properties or of properties in
adjacent use districts;
(2) That the use will not prevent
the orderly and reuso~abls use of per-
mitred or legally established uses in
the district wherein the proposed use is
to be located or of permitted or legally
establishes uses in adjacent use dis-
tricts;
(3) That the safety, the health, the
'welfare, the .comfort, the convenience
or the order of the Town will not be
adversely affected by the proposed use
and its location; and
(4) That the use will be in har-
mony with and promote the general
purposes and intent of this Ordinance.
(bi In making such determination,
the Board of Appeals shall also give
consideration, among other things,
(1) The characte~ of the existing
and probable development of uses in
the district ~nd the peculiar suitability
of such district for the location of any
of such permissive uses;
(2) The conservation of property
values and the encouragement of the
most appropriate uses of land;
(3) The effect that the location of
the proposed use may have upon the
creation or undue increase of vehicular
trs~fflc congestion on public streets or
highways;
(4) The availability of adequate and
proper public or private facilities for
the treatment, removal or discharge
uf sewage, refuse or other effluent
(whether liquid, solid, ~asoous or other-
wise) that may be caused or created
by or as a result of the use;
(5) Whether the use, or materials
incidental thereto, or produced there-
, by, may give off obnoxious gases, odors,
smoke or so~t;
(6) Whether the use will cause dis-
turbing emissions of electrical dis-
charges, dust, light, vibration or noise;
(7/ Whether the operations in pur-
suance of the use will cause undue
interference with the orderly enjoyment
by the public of parking or of recrea-
tional facflitiea, ff existing, or ff pro-
posed by the Town or by other com-
petent GoYernmental agency;
(g) To the necessity for bituminous
surfaced space for purposes of off-
street par~g of vehicles incidental
to the use, and whether such space is
reasonably adequate and approp~-ate
and can be furnished by the owner
of the plot sought to be used within
or adjacent te the plot wherein the
use shall be had;
(9) Whether a hazard to life, limb
or property because of fire, flood,
erosion or panic may be created by
reason or as a result of the use, or
by the structures to be used therefor,
or by the inaccessibility of the prop-
erty or structures thereon for the con-
venient entry and operatoin of fire and
other emergency apparatus or by the
undue concentration or assemblage of
persons upon such plot;
(10) Whether the use, or tl~e struc-
tures te be used therefor, will cause
an overcrowding of land or undue con-
centration of population;
(11) Whether the plot area is suf-
ficient, appropriate and adequate for
the use and the reasonably anticipated
operation and expansion thereof; and
(12/ Whether the use to be operated
is unreasonably near td a church,
school, theatre, recreational area or
other place of public assembly.
(c) The Board ~f Appeals shall, in
authorizing such permissive uses, im-
pose such conditions and safeguards
us it may deem appropriate, necessary
or desirable to preserve and pro~tect
the spirit and objectives of this Or-
dinance
(ID '~hen, in its ~udgment, the public
convenience and welfare and justice
will be ~ubstantially served, and pro-
vided t~hat the legally established or
permitted use of neighborh~d proper-
ty and ~adjaccnt use districts will no~
be substantially or permaner~tly in-
~ured, the Board of Appeals may, after
public notice and hearing and subject
to appropriate conditions and safe-
guards as outlined, authorize the grant-
lng of a permit.
(al Where a district boundary line di-
vides a lot which is proved to the satis-
faction of the Board of Appeals te have
been in single and separate ownership
at the effective date of this Ordinance,
and the total area of which lot has
not .been diminished or increased since
such date, the less restricted use may
be adjusted to extend to the whole or
any part of such lot but not more than
fifty (50) feet beyond the boundary
line of the use district in which said
lot is located.
(b) If the less restricted use shall
be extended ten (10) feet or more
within a residential use district, a
permanen~ open space for a rear and
side yard of not less than ten (10)
feet shall be provided for and main-
rained within the lot area as so
~ended. Als~ in such event, if the less
restricted use be extended more than
Page 5
ten (10) feet, the said minimum rear
and side yards shall be increased by
one (Il foot for each additio~l ten
(10) feet of such extension.
SECTION 802~The Board of AP~
peals shall make rules as to the man-
ner of filing appeals or applications
for special exceptions or variances.
SECTION 803--Upon the filing with
the Board ~f Appeals of an appeal or
of an application for special exception
or variance, the Board of Appeals shall
fix a time and place for a public hear-
ing thereon and shall give notice there-
of as follows:
(a) By publishing a notice thereof
in accordance with the To,va Law.
ARTICLE IX
Amendments
SECTION 900~The Town Board
upon its o~a motion or by petition
may, from time to time, anmnd, sup-
plement, change, modify or repeal this
Ordinance including the Zoning Map,
by proceeding in thc followin~ manner:
SECTION 901--The Town Board by
Resolution adopted at a stated meeting
shall fix the time and place of a
public hearing on the proposed amend-
ment and cause notice thereof to be
given as follows:
(a) By publishing a notice thereof
once a weck for ~wo (2) Successive
weeks in ~w~ (2) Newspapers of gen-
oral circulation publiahed in the ToWn.
(b) The notices ahall s~ate the Io-
cation and general n~ture of the pro-
posed amendment.
(c) The Town Board, before adver-
tdsing for public hearing, shall, in a
written request, instruct the Town
Planning Board to prepare an official
repor~ defining the conditions de-
scribed in a petition and detern~nc the
area so affected with their recommen-
dation.
SECTION 902~In case, however, of
a protest against such change, signed
bY the owners of twenty (20) percent
or more, either of ~he area of land
included in such ProPosed change, or
~f that immediately adjacent thereto,
extending one hundred (1~)) feet
therefrom, or of that directly opposite
thereto, extending one hundred (109)
feet from the street frontage of such
opposite la~d, such amendment shall
not become effective except by the
favorable vote of at leas~ four (4)
members of the Town Board.
SECTION 9OS--At a public Hearing,
full opportunity to be heard shall be
given to any citizen and all parties in
interest.
ARTICLE X
~General iPr~vislens
SECTION 1000--In a Residential and
Agricultural District where a lot abuts
on a parkway, the lot shall be con-
sidered to front and have a front yard
on the street and als~ on the parkway
and where the building accords with
this section, a pr~va~e accessorY garage
may be inco~porated in the building or
attached thereto regardless of distance
from streets.
SECTION 1001 -- Notwithstanding
any other provisions of this Ordinance
all automobile er other junk yards in
existence and in effect at the date of
this er~n~uoc shall within the ex-
piration of 3 years from same provide
suitable screening in the form ef solid
fencing or hedges completely around
the periphery of the area nsed for such
storage purposes, and ~he type of fence
er hedge shall be subject to the ap-
proval of the Pls.n~ug Board.
SECTION 1002 -- Notwithatanding
any other provisions of this Ordinance,
any sign er commercial billboard in ex-
istence at the effective date of this Or-
dinance in a Residential and Agricul-
tural District, shall, ~t the expiration
of five (5) years from such date, be
discontinued. The Board of Appeals
may, however, ~ermlts its continuance
as a special exseption as herein pro-
vided.
SECTION l~)03~The Plannlng Board
shall study the application of this Or-
dinance and shall, from time to time,
recommend to the Town Bo'ard such
changes in the Ordinance and in the
boundaries af the various districts as
it shall deem advisable to iurther pro-
mote the health, safety, morals or the
general welfare of the community.
SECTION 1003a. -- An labor camps
where provisiun is made for tl~ hous-
ing and feeding of transient help re-
gardiees of the number to be accom-
modated, shall .first meet all require-
ment of existing law. ~ labor
camps on farms shall no~ be located
nearer to any other residence than to
the residence of the employer except
as a special exception by the Board
of Appeals. The location of any other
labor camp or camps not on farms shall
be sub,eat to the approval of the Zon-
ing Board of ~ppeais.
SECTION 100~In any district, no
Public ~arage for more than three (3)
motor vehicles and no ~asoline vending
station shall be erected or altered and
used within two hundred (200) feet of
any .premises used for a public school,
public library, church, hospital or or-
phanage.
SEC-~'.iON 100§--PUBLIC PARKIN~
PLACES--No public parking place
shall be conducted in any district ex-
cept as a special except/on by the
Board of Appeals.
SEOTION 1006--On any corns~ lot,
no wall, fence or other atructure shall
be erected or altered, and no hedge,
tree, shrub, or other growth shall be
maintained which may cause dan~er
W traffic on a street by obscuring the
view, minimum of twenty (2/)) feet.
SECTION 100~ -- NON
ING USES--The lawful use of a build-
ing existing on the effective date of
~his Ordinance, or authorized by a
building permit issued prior thereto,
may be continued alt&ough such use
does not conform with the provisions-
of this Ordinance and such use may be
extended throughout the building law-
fully acquired previous to the said date.
A non-conforming use of a building
may be changed w a use of the same
or higher classification according to
the prowS'ions o~ this Ordinance.
Whenever a district shall hereafter be
changed, any then existing non-con-
formin~ use of a building in such
changed district may be continued or
changed to a use of a shnilar or hi~her
classification, provided all other rega-
lations governing the new use are com-
piled with. Whenever a non-cenform-
ing use Of the building has been dis-
continued iar a period of more than
two years, or changed tea higher
classification, or to a conforming use,
anything in this Section to the con-
trary n~twithstandi~g, the n~n-ecn-
forming use of such building shall no
longer be permitted unless a variance
to such non-conforming use shall first
have been granted by ~he Board of
Appeals.
SECTION 1008 -- ~'LDAL LANDS--
When the tidal lands are not shown as
zoned on the Zonin~ ,Map, they shall
be considered to lie within the
Residential and Agricultural District but
no structure erected therein shall be
erected upon such lands owned by the
Town of Southeld except upon the a~-
proval of the Board of Tow~ Trustees.
SECTION 1009~VALIDITY--Shouid
any section or prevision of this Or-
dinance be declared by a court of
competent jurisdict/on to be invalid,
such decisions shall not effect the val-
idity of the Ord' ~mance as a whole or
any other part thereof.
SEGTIOK 101(~II~'~PP~i~ATION,
PD-RPOSE AND CONflICT--In inter-
preting and applying the provisions
this Ordinance, they shall be held to
be the minimum regmremnts for the
promotion of the health, safety, morals
or the general welfare of the Town. ~t
is no~ intended by this Ordinance to in-
terfere wi~h or abrogate or annul any
Town Building Code, or any rules and
regulations ~d~pted or issued there-
under, or the rules and regulations of
the Depart~nent ~f Health of the Coun-
ty of Suffolk, and not in conflict with
any of the provisions of thi.~ Ordin-
ance; PEOV~DED, however, that
where this Ordinance imposes a greater
restriction upon the use of buildings or
premises or upon the height of the
building, or requires larger open spaces
than are imposed or required by such
Ordinance, rules and regulat/ons, the
provisions of this Ordinance shall con-
itel.
SECTION 1011--REI~L~oIES--In case
any building or structure is erected,
constructed, reconstructed, altered, re-
paired, converted or maintained, or
any building, structure or land is used
in violation oi this Ordinance, or of
any regulations made pursuant thereto,
in addition to other remedies pro~ided
by law, any appropriate action or pro-
ceeding whether by legal process or
otherwise, may be instituted, or taken
to vrevent such unlawful erection, con-
s~ruction, reconstruction, alteration, re-
~air, conversion, maintenance or use,
to restrain, correct or abut such vio-
lation, to ,prevent the occupancy of said
building, structure or land or to pre-
vent any illegal act, conduct, business
or use in or about such premises.
SECTION 1012 -- PENALTIES--~or
any and every violation of the pre-
visions of this Ordinance, the owner,
general agent, or contractor Of a build-
ing or ,premises, where such violations.
have been committed or shall exist,
and the general agent, architect, build-
er, contractor or any other person who
knowingly commits, takes part or as-
slats in any such violation or who
maintains any building or .preraisee in
which any such violation shall exist,
shall be guilty of a misdemeanor. Each
week's continued violation shall con-
stitute a separate additional violation.
Such fines or penalties shall be col-
lected as like fines are now collected
by law.
Page 6
.390
Moved by Justice Tuthi!l~ seconded by Justice Demarest:
RESOLVED: That General Bills in the amount of $3:932.80; ~ishers
Island Ferry District Bills in the amount of $8~O0~.18; Lighting Dist-
rict Bills in the amount of $1~770.~7~ be and the sa~e are hereby
or4ered paid.
Vote of Town Board: Ayes-Supervisor Klipp; CounCilman Albertson;
Justices Tuthill~ Clark and Demarest.
Moved by Councilman Albertson; seconded by Justice Demarest:
Reolved: That Supervisor Norman Eo Klipp be authorized to advertise for
sealed proposals for furnishing to the Town of Southold two new 1~7
2-door sedan 8 cylinder standard model automobiles~ according to
specifications for use as police cars~ said proposals will be opened ~
at the office of the Supervisor~a~tGreenport~ at 2 o'clock P.M. on
.APril 23~ 19~7. ~
Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albertson; j
Justices Tuthill~ Clark and Demarest.
Moved by Councilman Albertson; seconded by Justice Tuthill:
RESOLVED: That the Police Report for the month of March be accepted
by the Town Board and placed on fils.
Vote of Town Board: Ayes-Supervisor Klipp; Councilman ~lbertson~
Justices Tuthill~ Clark and Demarest.
Moved by Councilman Albertson; seconded by Justice Clark:
k~EREAS, there has been presented to the Town Board of the Town of [~
Southold a proposal providing for the acquisition of a po~tion of a
32 acre tract of land adjacent zo Jockey Creek and owned by the Estate
of Mary L. Dayton~ which portion is offered to the Town of Southold
for the total price of $1~000.00 and
WHEREAS~ it is the considered op&nion of the Town Board that such
acquisition would be in the best interest of the Town~
NOW~ THEREFORE~ BE IT RESOLVED: That the Supervisor of the Town of
Southold be and he hereby is directed to proceed with negotiations for
acquisition of said property and to accomplish the purchase of same
by the issuance of serial bonds in an amount not exceeding %l~O00.OO ~'
all in accordance with and pursuant to the provisions of the Local
Finance Law. ~,
Vote of Town Board: Ayes-Supervisor Klipp; Councilman Albertson~ '-
Justices Tuthill~ Clark and Demarest.
Ralph P. Booth
Town C14rk
Adjournment was at ~ P.M.