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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.